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contents EDITOR’S LETTER

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THERE’S STILL HOPE aftER PLEADING GUILTY

47 BoDeal

Fatherless Generation

The prison workout 10 reasons why small businesses fail a fresh start to a new life

FEATURES

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firearm Possession

Phone companies getting rich Jasmine Haze

OOH-WEE MAGAZINE • ISSUE 15

Bo Deal Interview

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Dominique YG Interview

30 Ms Mika 32


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EDITOR’S LETTER

OOH-WEE MAGAZINE • ISSUE 15

What’s good my black, brown, tan & white brothers? Hopefully by the time this issue fall’s into your hands your bid will be as stress free as possible. Sometime’s as an inmate one has to “escape” not physically just mentally! Which is why I am such an enthusiast when it comes to reading and education. True story…”a homie of mines was the bird man out in the streets. He could count a hundred thousand dollars and not be off a dollar! Yet he could not read and his writing was not very legible.” Long story short, the homie took a fall, did a 4 year bid and obtained his GED while in there. He later told me that once he did that, he felt as though he could do anything!! He already knew how to get money, just now he can take those skills and apply them to something legally (which is what he did), and start up a business legally! And be educated enough to read what is going on with your company rather than just having a bunch of things in other peoples name and trusting them to run shit without very little or no knowledge of what is going on inside your own business feel me?

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My brothers you are captive physically, never become captive mentally. Once you allow yourself to be enslaved mentally, the physical body is just an empty shell. No matter what your situation may be inside the belly of the beast, free yourself mentally and focus on the day you are set free physically. Each day behind bars should be an educational day as if you are away at college. No matter how many months or years the state wants from you, educate yourself bro’! “He who fails to plan, plans to fail!” Don’t be a statistic for death or recidivism. Life is shorter than we think. Each day

OOH-WEEMAG RASHEEM ALI PRESIDENT & CEO ADVERTISING & SALES OOH-WEE MAGAZINE RASHEEMALI@

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we waste not educating, planning and preparing for our time to shine, is another day we give to the system and not to ourselves. However when we read, research, study and learn something beneficial that we can use to better our lives and or the lives of those around us, be it from a pen and pad, over the phone behind bars, or on the concrete once we are free. The ultimate goal is to succeed. If I was slammed down for life, my home away from home would be the law library anytime I had access to it. If I could not free myself with a pen, then perhaps I could do something to get some time knocked off in court by filing a few motions? My mind would stay working on being free while keeping my dignity as a man and not becoming a RAT or SNITCH to be free! Now dig this, a lot of you short timers are in there bullshitin working out, shooting ball, playing cards and so on. All that’s cool, yet the fact that you on some 6,8,14 or 18 months to freedom type bid is no excuse to fall ignorant to the law once you are free again! Lets keep it real, everyone reading this is not going back out there to “do the right thing”. A lot of “hustlas” get out and be right back because they don’t know the law. And ignorance to the law can get you a boatload of time! This issue we got a lot of good reading and viewing for ya’ll. So sit back and do whatever it is you do when you get your hands on a copy of OOH-WEE. If you borrowing this from your homie, don’t catch a beat down and a hole shot for stealing the beautiful Ms. Dominique’s pictures out the mag bro’ Then again once you see the pics you may feel it’s worth it!! . Just purchase you a set at the end of the article you can find the flyer to do so. Lol seriously though the lovely Ms. Jasmine Haze is blessing OOH-WEE for all of our viewing pleasure. The homie Bo Deals is representing the Chi-Town, YG aka Mr. Pangalang is on deck with the snowball effect. Hope after copping out to the feds is something everyone in the system needs to know and read in this issue and so, so much more. Shout out to my man Smoke, welcome home homie! And a huge shout out to OG Unkle Sam! I also wanna say whats up to Gerry Victor # HS9448 an inmate out there in PA. I appreciate your condolences. In closing allow me to say this…”it takes a weak individual to stay stuck, and a real man to bounce back”! Regardless of your circumstances, if you don’t like your situation or the life your living, turn it around and bounce back!


THERE’S STILL HOPE AFTER PLEADING GUILTY A 2255 and 2241 Primer: A Guide for Clients and their Family and Friends BY ALAN ELLIS AND JAMES H. FELDMAN, JR.1

OOH-WEE MAGAZINE • ISSUE 15

The motion to vacate, set aside or correct a sentence provided by 28 U.S.C. §2255 is a modern descendant of the common law petition for a writ of habeas corpus. It is available only to people convicted in federal courts who are in custody. (The corresponding federal postconviction tool for state prisoners is the habeas petition governed by 28 U.S.C. §2254.) The §2255 motion is the postconviction tool most federal prisoners turn to after they have exhausted their appeals. When it is used effectively, it can be a powerful tool to right injustices that were not or could not have been raised on direct appeal. This is because it gives courts broad discretion in fashioning appropriate relief, including dismissal of all charges and release of the prisoner, retrial, or resentencing.

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Occasionally, the remedy provided by §2255 will be “inadequate or ineffective to test the legality of [a prisoner’s] detention.” 28 U.S.C. §2255. In those rare instances, federal prisoners may petition for traditional writs of habeas corpus pursuant to 28 U.S.C. §2241. Who can file a §2255 motion? Only “prisoners” who are “ in custody under sentence of a court established by Act of Congress” may file motions pursuant to 28 U.S.C. §2255 to vacate their convictions or sentences. 28 U.S.C. §2255 (emphasis added). To satisfy this “custody” requirement, a defendant must either be in prison or jail, or else have his or her liberty under some other form of restraint as part of a federal sentence. In other words, the “in custody” requirement is important, while the limitation of the remedy to “prisoners” is not literally enforced. Examples of restraints short of imprisonment which qualify as “custody,” include probation, parole, supervised release, and being released on bail or one’s own recognizance.2 A defendant need only satisfy the “custody” requirement at the time he or she files a §2255 motion. A defendant’s being released from custody during the pendency of a §2255 motion does not make the case moot or divest a court of jurisdiction to hear the case.3 A defendant who has completely finished his or her sentence, or who has been sentenced only to a fine, may not obtain relief through §2255. Similarly, because corporate defendants never have restraints placed on their physical liberty as a result of a federal criminal conviction (corporations receive only fines as criminal punishments), they can never meet the “custody” requirement. Defendants who can not meet the custody requirement may still

be able to obtain relief under the All Writs Act, 28 U.S.C. §1651, by petitioning for a writ in the nature of Coram Nobis, which has no custody requirement.4 What issues can be raised in a §2255 motion? Section 2255 provides that “prisoners” may move for relief “on the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack.” Most Circuits of the Court of Appeals have interpreted this language to mean that defendants who meet §2255’s custody requirement may not raise issues which challenge aspects of their sentence which are unrelated to their custody.5 Most §2255 motions allege violations of the defendant’s Sixth Amendment right to the effective assistance of counsel. How does a §2255 motion differ from a direct appeal? One of the most significant differences between a direct appeal and a §2255 motion is that direct appeals are decided based on the district court record as it exists as of the time the notice of appeal is filed. In contrast, §2255 motions offer defendants the opportunity to present the court with new evidence. While issues which may be raised in a §2255 motion are not limited by the record as it exists at the time the motion is filed, unlike in a direct appeal, not all issues may be raised in a §2255 motion. Section 2255 motions may only be used to raise jurisdictional, constitutional, or other fundamental errors. For example, some circuits hold that guideline calculation errors that escaped notice on direct appeal cannot be raised under §2255.6 Others have not questioned the appropriateness of raising guideline issues in a §2255 motion.7 A §2255 motion is, however, always the proper vehicle to question whether an attorney’s failure to raise a guideline issue deprived a defendant of his or her Sixth Amendment right to effective assistance of counsel, either at sentencing, or on direct appeal.8 What are some of the obstacles a defendant may encounter in litigating a §2255 motion? Identifying an appropriate §2255 issue is no guarantee of success. Even prisoners who have good issues must often overcome numerous obstacles before a court will even address them. For example, if an issue could have been raised on direct appeal, but was not, a district court will not consider the issue in a §2255 proceeding unless the defendant can demonstrate “cause” (such as ineffective assistance of counsel) for not raising the issue earlier and “prejudice” (that is, that the error likely made a difference in the outcome). For this reason, it is generally not a good idea to forego a direct ap-


Section 2255 motions may not be used as vehicles to create or apply new rules of constitutional law. While new interpretations of substantive law may be applied retroactively in a §2255 motion,10 with rare exceptions, new rules of constitutional law may not.11 Do prisoners have a right to appointed counsel to assist them in filing and litigating a §2255 motion? Prisoners who cannot afford to hire private counsel have no right to appointed counsel to assist them in filing §2255 proceedings. Indigent litigants may, however, petition the court for appointment of counsel. A court has discretion to appoint counsel “at any stage of the proceeding if the interest of justice so requires.” 18 U.S.C. §3006A(a)(2)(B); Fed.R.Gov. §2255 Proc. 8(c). Appointment of counsel is mandated only if the court grants an evidentiary hearing, Rule 8(c), or if the court permits discovery and deems counsel “necessary for effective utilization of discovery procedures.” Rule 6(a). Is there a time limit within which a § 2255 motion must be filed? Prior to Congress’ enacting the Antiterrorism and Effective Death Penalty Act (“AEDPA”) in 1996, there was no specific limit on the time within which a prisoner was required to file a §2255 motion. The AEDPA’s amendment of 28 U.S.C. §2255 imposed a one-year statute of limitations which is triggered by the latest of four events: (1) the date on which the judgment of conviction becomes final; (2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. All defendants thus have one year from the date on which their judgments of conviction become final within which to file §2255 motions. Occasionally a particular defendant will be able to file a §2255 motion beyond that date when a new year-long limitation period is triggered by one of the other events listed above. Unfortunately, there is no consensus among the Courts of Appeals as to when a judgment of conviction becomes “final,” thus triggering the one-year statute of limitations. Prior to the AEDPA, the Supreme Court held, in the con-

text of deciding when a “new rule” could be applied on collateral attack, that a conviction becomes final when “the judgment of conviction was rendered, the availability of appeal exhausted, and the time for petition for certiorari ha[s] elapsed ....”12 Although a “new rule” may not be applied retroactively on collateral attack, it may be applied in a particular case if it was announced prior to the judgment of conviction becoming “final” in that case. Although it may seem intuitive that the same rule should trigger the statute of limitations in §2255 cases, not all Courts of Appeals have seen it that way.13 It is clear that when a defendant petitions the Supreme Court for a writ of certiorari as part of the direct appeal, the judgment of conviction becomes final on the date the Supreme Court denies the writ. If the Supreme Court grants the writ, then the judgment of conviction becomes final either on the date the Supreme Court rules (if there is no remand), or on the date that the conviction and sentence are ultimately affirmed on remand. What is not so clear is when a conviction becomes final when a defendant fails to appeal, or when he or she appeals, but fails to petition for writ of certiorari. Two Courts of Appeals have held that where a defendant appeals, but fails to petition for writ of certiorari, the conviction becomes final, triggering the statute of limitations, when the Court of Appeals issues its mandate.14 Other Courts of Appeals have held that the judgment of conviction becomes final, triggering the statute of limitations, on the last day a defendant has to petition the Supreme Court for certiorari.15 If a defendant does not appeal, it is clear that in the Third, Fifth, Ninth, and Tenth Circuits, the judgment of conviction becomes final on the last day the defendant could file a notice of appeal — i.e., on the tenth day following the entry of the judgment of sentence. It is not clear yet when the judgment would become final in the Fourth or Seventh Circuits, or in the circuits which have not yet addressed the question of when a judgment of conviction becomes “final” under the AEDPA. If you are in a jurisdiction which has not decided the issue, the prudent course may be to assume that the year runs from the date the judgment of conviction is entered on the docket (if no notice of appeal is filed), or on the date the court of appeals decides the case or denies a timely-filed petition for rehearing. If a defendant wins a new trial or a resentencing on appeal (or even as a result of a §2255 motion), then the new judgment of conviction and sentence which is entered after the new trial or resentencing would begin a new yearlong statute of limitations. Is AEDPA’s one year rule hard and fast? No. Every Circuit to have considered the issue has ruled that the AEDPA’s one-year statute of limitations is not jurisdictional in nature, and is therefore subject to equitable tolling.16 Equitable tolling excuses a movant’s untimely filing “because of extraordinary circumstances

that are both beyond his control and unavoidable even with diligence.”17 Courts, however, have rarely found that movants meet the requirements of equitable tolling. For example, “mere excusable neglect is not sufficient.”18 Nor is delay by the Postal Service,19 or the unclarity of a deadline.20 A pro se movant’s being misled by a court, however, has supported equitable tolling.21 How and where do you file a §2255 motion? Section 2255 motions must be filed with the district court which sentenced the defendant. The local rules of most district courts require pro se prisoners to use forms supplied by the Clerk. Some local rules even require attorneys to use the forms. There is no filing fee. What happens after the motion is filed? Section 2255 motions are first presented to the judge who presided over the defendant’s trial and sentencing if that judge is available. The judge examines the motion and attached exhibits, as well as the rest of the case record (including transcripts and correspondence in the file). The court then either dismisses the motion or orders the government to file an answer. Dismissal is required where the court concludes that the claims raised in the motion, even if true, would not provide a ground for §2255 relief, or where the claims are conclusively refuted by the files and records of the case. After the government files its answer, the defendant may want to refute the government’s arguments. This can be done by filing a memorandum in reply. Sometimes the right to file a reply memorandum exists under local court rules or court order. Sometimes a defendant must file a motion for leave to file a reply. At this point, the court will either grant or deny relief, or will hold a hearing. While the language of 28 U.S.C. §2255 seems to require a hearing whenever the court orders the government to file an answer, the rules governing §2255 motions leave the necessity of a hearing to the court’s discretion. Fed.R. Gov. §2255 Proc. 8(a). In practice, courts grant hearings only where there are critical facts in dispute. Whenever a court holds an evidentiary hearing, Rule 8(c) requires it to appoint counsel for pro se defendants who cannot afford to hire counsel. The prisoner can be brought to court for the hearing if his or her testimony is required, or for any other reason approved by the judge. How long does the process take? Once a defendant files a §2255 motion, it can take anywhere from several weeks (in the event of a summary dismissal) to over a year (if the government is ordered to respond, and a hearing is held) for a court either to grant or dismiss a §2255 motion. Do any special rules apply to §2255 motions? Yes — the “Rules Governing Section 2255 Proceedings For the United States District Courts.” The rules address the following issues: scope of the rules (Rule 1), form of the

OOH-WEE MAGAZINE • ISSUE 12

peal and proceed directly to a §2255 motion. Conversely, if an issue was raised and decided on appeal, a defendant is procedurally barred from raising it again in a §2255 motion, absent extraordinary circumstances, such as an intervening change in the law or newly discovered evidence.9

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motion (Rule 2), filing of the motion (Rule 3), preliminary consideration by the judge (Rule 4), answer of the government (Rule 5), discovery (Rule 6), expansion of the record (submitting evidence) (Rule 7), evidentiary hearing (Rule 8), delayed or successive motions (Rule 9; this rule has been largely, if not entirely, superseded by the AEDPA’s more stringent restriction on successive motions), the powers of U.S. Magistrate Judges to carry out the duties imposed on the court by the rules (Rule 10), and the time for appeal (Rule 11). If no Rule specifically applies, Rule 12 provides that “the district court may proceed in any lawful manner not inconsistent with these rules, or any applicable statute, and may apply the Federal Rules of Criminal Procedure or the Federal Rules of Civil Procedure, whichever it deems most appropriate ....” Rule 22 of the Federal Rules of Appellate Procedure addresses the procedure for applying for a certificate of appealability (permission to appeal). Local district court and appellate rules often have special sections devoted to §2255 motions and prisoner petitions.

OOH-WEE MAGAZINE • ISSUE 15

What rules of discovery apply to §2255 motions? Rule 6 of the Rules Governing §2255 Proceedings allows defendants as well as the government to conduct discovery pursuant to the Federal Rules of Civil Procedure — but only with permission from the court. The rule gives the district court discretion to grant discovery requests “for good cause shown, but not otherwise.”

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Can denial of §2255 motions be appealed? The denial of a §2255 motion can be appealed only if “a circuit justice or judge issues a certificate of appealability.” 28 U.S.C. §2253(c)(1). A circuit justice or judge “may issue a certificate of appealability ... only if the applicant has made a substantial showing of the denial of a constitutional right.” Id. §2253(c)(2). (Under this language, even if the §2255 motion properly raised a non-constitutional issue, the denial of that ground for relief cannot be appealed at all.) If a certificate is issued, it must “indicate which specific issue or issues satisfy” the required showing of the denial of a constitutional right. Id. §2253(c)(3). Only defendants need certificates of appealability to appeal the denial of §2255 motions; the government needs no certificate to appeal the granting of a motion to vacate. Fed.R.App.P. 22(b)(3). Although the appeal of the court›s denial of a §2255 motion may not proceed without a certificate of appealability, a notice of appeal must nevertheless be filed within 60 days from the date judgment is entered. Fed.R.Gov. §2255 Proc. 11 (time to appeal is as provided in Fed.R.App.P. 4(a), governing civil appeals). Since there is no time limit within which a court must rule on an application for a certificate of ap-

pealability (some courts have been taking a year or more to rule on such requests), the rules of appellate procedure provide that the notice of appeal itself «constitutes a request [for a certificate of appealability] addressed to the judges of the court of appeals.» Fed.R.App.P. 22(b)(3). The filing of a notice of appeal also triggers a requirement that the «district judge who rendered the judgment must either issue a certificate of appealability or state why a certificate should not issue.» Rule 22(b)(1). If the district court denies the certificate, the defendant «may request a circuit court judge to issue the certificate.» Id. Rule 22(b)(2) provides that “A request addressed to the court of appeals may be considered by a circuit judge or judges, as the court prescribes.” Some Courts of Appeals assign this task to a single judge.22 Others refer such requests to panels of the Court.23 Even when consideration of a request for a certificate of appeal-ability is referred to a panel, the support of only one judge is required for the certificate to issue.24 What is required to make a “substantial showing of the denial of a constitutional right”? The standard for appealability under 28 U.S.C. §2253(c)(2) is somewhat different depending upon whether the district court has rejected the issue sought to be appealed on its merits or on procedural grounds. With respect to constitutional claims rejected on their merits, the Supreme Court has applied to certificates of appealability the standard for granting certificates of probable cause set forth in Barefoot v. Estelle,25 and followed in the AEDPA.26 Under this standard, the appellant must make a showing that each issue he or she seeks to appeal is at least “debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further.”27 The “substantial showing” standard “does not compel a petitioner to demonstrate that he or she would prevail on the merits.”28 As to claims denied on procedural grounds (that is, where the district court has not reached the merits), the Court in Slack clarified that the certificate of appealability standard is somewhat different and easier to meet: (1) “whether jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right” (in other words, does the petition at least allege a valid claim, even though it hasn’t been proven yet), and (2) whether “jurists of reason would find it debatable whether the district court was correct in its procedural ruling.”29 Can a defendant file more than one §2255 motion? As provided in 28 U.S.C. §2255, before a prisoner may file a second §2255 to challenge a particular judgment, a “panel of the appropriate court of appeals” must “certif[y]” that the motion “contain[s]” ei-

ther: (1) newly discovered evidence that, if proven and viewed in the light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. This harsh rule is tempered slightly by the fact that it applies only to motions which attack the a judgment that a defendant has previously moved pursuant to §2255 to vacate. Defendants may file one §2255 motion as of right for each judgment of conviction and sentence. For example, if a defendant’s conviction is vacated as a result of a §2255 motion, he receives a new trial and is convicted and sentenced again (or simply resentenced), he may file a §2255 motion to challenge that new judgment without receiving permission from the Court of Appeals. If a defendant wants to file a second §2255 motion attacking the same judgment, his or her options are severely limited. The newly discovered evidence ground, for example, applies only to newly discovered evidence which establishes a defendant’s factual innocence. It does not, for example, apply to evidence which, had it been known prior to sentencing, would have resulted in a shorter term of imprisonment. Nor would it apply to newly discovered evidence which, if it had been introduced at trial, might have engendered a reasonable doubt. The evidence must be such that had it be introduced, “no reasonable factfinder would have found the movant guilty of the offense.” The second ground is also quite narrow. It applies only to “new rule[s] of constitutional law” — not to changes in substantive law. The “new rule” must also have been “previously unavailable” and have been “made retroactive to cases on collateral review by the Supreme Court.” A “new rule” has been “made retroactive to cases on collateral review by the Supreme Court” only if the Supreme Court itself has previously declared it to be retroactive — something which ordinarily can happen only on appeal of someone else’s timely first §2255 or habeas petition.30 Not only must a second §2255 motion meet one of these criteria before it may be filed, it must also be filed within an applicable clause of the statute of limitations. For most defendants, that will mean within one year of the discovery of the new evidence, or “the date on which the right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” §2255 (¶ (3)).


prisoner’s conditions of confinement.39 Some courts have permitted federal prisoners to use §2241 petitions to challenge prison conditions.40 Other courts have ruled that such challenges must be made through civil rights actions, such as those brought under the authority of Bivens v. Six Unknown Named Agents of the Federal Bureau of Investigation.41 A court’s mandamus jurisdiction may also sometimes be invoked to seek redress of prison conditions.42 Who may file a §2241 action? Federal habeas corpus relief under 28 U.S.C. §2241(c)(3) is available to anyone held “in custody in violation of the Constitution, laws or treaties of the United States.” However, by law, the §2241 remedy is limited to situations which are not covered by either 28 U.S.C. §§2254 (state prisoner challenging state conviction) or 2255 (federal prisoner challenging conviction or sentence). In addition to incarceration, being on parole or bail count as being “in custody.” Section 2241 is also used to obtain review of forms of official custody not resulting from convictions, such as detained aliens and military members seeking discharge. When may a prisoner file a §2241 action? A prisoner must first exhaust (use all of) his or her administrative remedies, if any, before filing a §2241 action. For instance, if the Bureau of Prisons has sanctioned a prisoner with the loss of good time credits, the prisoner must exhaust BOP administrative remedy procedures, if any, before he or she files a §2241 action.43 Courts generally recognize an exception to the “exhaustion” requirement where no timely and potentially effective administrative remedy exists.44 Where and how should a prisoner file a §2241 action? A §2241 action is a new civil law-suit which should be filed in the district court having territorial jurisdiction over the prison or other person or agency having custody of the petitioner. Habeas petitions differ in many ways from normal civil lawsuits, however. For example, the filing fee is only $5. Also, a few, but not most, districts, require the use of a form petition. Neither the Federal Rules of Civil Procedure nor the rules applicable to §2254 cases necessarily applies to §2241 habeas petitions. The question of which rules do apply is complex, and unfortunately beyond the scope of this article. Once the court reviews the petition, it will do one of four things: dismiss it (but only if the petitioner would lose even if the court accepted its allegations as true), order the petitioner to amend it (for instance, where there is some technical defect), order the respondent to show cause why the petition should not be granted — i.e., to answer the petition by a certain date, or summarily grant the writ (extremely rare). After the respondent answers the petition (assuming

it is ordered to do so), the petitioner may file a “traverse” (i.e., a written reply to the reasons the respondent gave for why the court should not grant the petition). If an evidentiary hearing is held, the prisoner has a right to be present. Once a hearing is held (if one is necessary) and all the briefing is complete, the court will decide the case, “as law and justice require.” 28 U.S.C. §2243. Can the denial of § 2241 relief be appealed? Yes. Notice of appeal must be filed within 60 days of the entry of final judgment. Rule 4(a) of the Federal Rules of Appellate Procedure. No certificate of appealability is required.46 Can a prisoner file more than one §2241 habeas petition. Yes. No permission from the Court of Appeals is required. A second petition which raises an issue which could have been raised in the first petition must show cause why it was not raised in the first, or be dismissed under the “abuse of the writ” doctrine.47 Similarly, a second petition which raises an issue which was decided in a prior petition will also be dismissed as an “abuse of the writ.”48 Legal Assistance Prisoners need not hire an attorney to file a §2241 petition for a writ of habeas corpus. In fact, most §2241 petitions are filed by prisoners without the assistance of attorneys. Unfortunately, due in part to the legal minefield that any federal habeas litigant must cross, most of these are summarily denied without a hearing. To maximize his or her chances of success, a prisoner should retain the services of competent counsel. Prisoners who are unable to afford private counsel may ask the court to appoint an attorney under the Criminal Justice Act to represent them. 18 U.S.C. §3006A(a)(2) (B). Prisoners filing for habeas corpus are not entitled to appointed counsel as a matter of right.

OOH-WEE MAGAZINE • ISSUE 15

Habeas Corpus (§2241) Petitions A §2241 action, also known as a petition for a writ of habeas corpus, is essentially a civil law-suit filed by a federal prisoner to challenge the legality of his or her custody in situations where the §2255 motion would be inadequate or ineffective. There are two types of habeas petitions — those that challenge the validity of the underlying convictions or sentences, and those that do not. Because §2255 motions are, except in rare instances, “adequate” (even if not successful) to challenge the validity of underlying convictions and sentences, habeas petitions are generally limited challenges to federal custody which do not challenge the underlying convictions or sentences. Challenges to underlying convictions and sentences. The §2255 remedy is not “inadequate or ineffective” simply because a defendant has filed a §2255 motion and failed to obtain relief,31 or because a defendant is barred by the statute of limitations,32 or by the statutory limitations on second and successive motions, from filing a §2255 motion.33 Circumstances under which courts have permitted criminal defendants to employ the habeas petition to challenge their convictions and sentences include abolition of the sentencing court,34 refusal of the sentencing court even to consider the §2255 motion,35 and inordinate delay in disposing of a §2255 motion.36 The limitations imposed by the AEDPA on second or successive petitions have created a new (although still rare) circumstance under which the remedy afforded by §2255 is “inadequate or ineffective.” After a defendant has already filed a §2255 motion challenging his underlying conviction and sentence, and lost, he may receive permission from the Court of Appeals to file a second §2255 only in the two limited circumstances discussed previously. A second or successive §2255 is not permitted when the Supreme Court reinterprets the meaning of the statute under which the defendant had been convicted so as to render him innocent on the facts. While substantive criminal law rulings by the Supreme Court, such as this, are retroactively applicable on collateral attack (and therefore could support first §2255 motions, so long as the motions are timely-filed), they do not come within the two narrow grounds for receiving permission to file a second motion. Under these circumstances, courts have held that §2255 is inadequate or ineffective and have permitted defendants to challenge their underlying convictions through habeas petitions.37 Habeas petitions which do not challenge underlying convictions and sentences. The section 2241 petition is the proper vehicle for challenging the duration of a prisoner’s confinement without challenging the underlying conviction.38 The Supreme Court has suggested in dictum that §2241 petitions may also be used to challenge a

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Statistics

63% of youth suicides are from fatherless homes (US Dept. Of Health/Census) – 5 times the average.

90% of all homeless and runaway children are from fatherless homes – 32 times the average.

Father Factor in Crime - A study of 109 juvenile offenders indicated that family structure significantly predicts delinquency. Adolescents, particularly boys, in single-parent families were at higher risk of status, property and person delinquencies. Moreover, • 80% of rapists with anger problems come from fatherless students attending schools with a high proportion of children of single parents are also at risk. A study of 13,986 women in prison homes –14 times the average.  (Justice & Behavior, Vol showed that more than half grew up without their father. Forty-two 14, p. 403-26) percent grew up in a single-mother household and sixteen percent lived with neither parent • 71% of all high school dropouts come from fatherless homes – 9 times the average.  (National Principals AsFather Factor in Child Abuse – Compared to living with both sociation Report) parents, living in a single-parent home doubles the risk that a child will suffer physical, emotional, or educational neglect. The overall Father Factor in Education - Fatherless children are twice as rate of child abuse and neglect in single-parent households is 27.3 likely to drop out of school. children per 1,000, whereas the rate of overall maltreatment in two• Children with Fathers who are involved are 40% less likely parent households is 15.5 per 1,000. to repeat a grade in school. Daughters of single parents without a Father involved are 53% • Children with Fathers who are involved are 70% less likely more likely to marry as teenagers, 711% more likely to have children as teenagers, 164% more likely to have a pre-marital birth to drop out of school. and 92% more likely to get divorced themselves. • Children with Fathers who are involved are more likely to Adolescent girls raised in a 2 parent home with involved Fathers are get A’s in school. significantly less likely to be sexually active than girls raised without • Children with Fathers who are involved are more likely to involved Fathers. enjoy school and engage in extracurricular activities. • 43% of US children live without their father [US Department of Census] • 75% of all adolescent patients in chemical abuse centers come from fatherless homes – 10 times the average. • 90% of homeless and runaway children are from fatherless homes. [US D.H.H.S., Bureau of the Census] Father Factor in Drug and Alcohol Abuse - Researchers at Columbia University found that children living in two-parent • 80% of rapists motivated with displaced anger come from household with a poor relationship with their father are 68% more fatherless homes. [Criminal Justice & Behaviour, Vol 14, likely to smoke, drink, or use drugs compared to all teens in twopp. 403-26, 1978] parent households. Teens in single mother households are at a 30% higher risk than those in two-parent households. • 71% of pregnant teenagers lack a father. [U.S. Department of Health and Human Services press release, Friday, • 70% of youths in state-operated institutions come from March 26, 1999] fatherless homes – 9 times the average.  (U.S. Dept. of Justice, Sept. 1988) • 63% of youth suicides are from fatherless homes. [US D.H.H.S., Bureau of the Census] • 85% of all youths in prison come from fatherless homes – 20 times the average.  (Fulton Co. Georgia, Texas Dept. • 85% of children who exhibit behavioral disorders come of Correction) from fatherless homes. [Center for Disease Control] Father Factor in Incarceration – Even after controlling for • 90% of adolescent repeat arsonists live with only their income, youths in father-absent households still had significantly

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higher odds of incarceration than those in mother-father families. Youths who never had a father in the household experienced the highest odds. A 2002 Department of Justice survey of 7,000 inmates revealed that 39% of jail inmates lived in mother-only households. Approximately forty-six percent of jail inmates in 2002 had a previously incarcerated family member. One-fifth experienced a father in prison or jail.

85% of all children who show behavior disorders come from fatherless homes – 20 times the average.  (Center for Disease Control)


71% of high school dropouts come from fatherless homes. [National Principals Association Report on the State of High Schools]

75% of adolescent patients in chemical abuse centers come from fatherless homes. [Rainbows f for all God’s Children]

70% of juveniles in state operated institutions have no father. [US Department of Justice, Special Report, Sept. 1988]

85% of youths in prisons grew up in a fatherless home. [Fulton County Georgia jail populations, Texas Department of Corrections, 1992]

Fatherless boys and girls are: twice as likely to drop out of high school; twice as likely to end up in jail; four times more likely to need help for emotional or behavioral problems. [US D.H.H.S. news release, March 26, 1999]

Recent policies encourage the development of programs designed to improve the economic status of low-income nonresident fathers and the financial and emotional support provided to their children. This brief provides ten key lessons from several important early responsible fatherhood initiatives that were developed and implemented during the 1990s and early 2000s. Formal evaluations of these earlier fatherhood efforts have been completed making this an opportune time to step back and assess what has been learned and how to build on the early programs’ successes and challenges.While the following statistics are formidable, the Responsible Fatherhood research literature generally supports the claim that a loving and nurturing father improves outcomes for children, families and communities.

Children with involved, loving fathers are significantly more likely to do well in school, have healthy self-esteem, exhibit empathy and pro-social behavior, and avoid high-risk behaviors such as drug use, truancy, and criminal activity compared to children who have uninvolved fathers.

Studies on parent-child relationships and child wellbeing show that father love is an important factor in predicting the social, emotional, and cognitive development and functioning of children and young adults.

Census Fatherhood Statistics

64.3 million: Estimated number of fathers across the nation

26.5 million: Number of fathers who are part of marriedcouple families with their own children under the age of 18. Among these fathers -

24 million children (34 percent) live absent their biological father.

Nearly 20 million children (27 percent) live in single-parent homes.

o 22 percent are raising three or more of their own

43 percent of first marriages dissolve within fifteen years; about 60 percent of divorcing couples have children; and approximately one million children each year experience the divorce of their parents.

Fathers who live with their children are more likely to have a close, enduring relationship with their children than those who do not.

Compared to children born within marriage, children born to cohabiting parents are three times as likely to experience father absence, and children born to unmarried, non-cohabiting parents are four times as likely to live in a father-absent home.

o 42 percent are divorced, 38 percent have never

About 40 percent of children in father-absent homes have not seen their father at all during the past year; 26 percent of absent fathers live in a different state than their children; and 50 percent of children living absent their father have never set foot in their father’s home.

o 16 percent live in the home of a relative or a

Children who live absent their biological fathers are, on average, at least two to three times more likely to be poor, to use drugs, to experience educational, health, emotional and behavioral problems, to be victims of child abuse, and to engage in criminal behavior than their peers who live with their married, biological (or adoptive) parents.

From 1995 to 2000, the proportion of children living in single-parent homes slightly declined, while the proportion of children living with two married parents remained stable.

children under 18 years old (among marriedcouple family households only).

o 2 percent live in the home of a relative or a nonrelative.

2.5 million: Number of single fathers, up from 400,000 in 1970. Currently, among single parents living with their children, 18 percent are men. Among these fathers -

o 8 percent are raising three or more of their own children under 18 years old.

married, 16 percent are separated and 4 percent are widowed. (The percentages of those divorced and never married are not significantly different from one another.) non-relative.

o 27 percent have an annual family income of $50,000 or more.

85 percent: Among the 30.2 million fathers living with children younger than 18, the percentage who lived with their biological children only.

o 11 percent lived with step-children o 4 percent with adopted children o < 1 percent with foster children

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mother. [Wray Herbert, “Dousing the Kindlers,” Psychology Today, January, 1985, p. 28]

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The Prison Workout The Prison Workout. New idea? Nah. It’s been around as long as there has been anyone locked up that is looking to stay in shape. Still compelling? Absolutely. Here is MDA’s take on why we think it is worth another look, along with our own variations on this classic routine. Why We Can Appreciate the Prison Workout: 1. Unlimited time You have no excuses. You can’t fall back on the most often used excuse to not get in shape.

Prison Workout? Really? This isn’t for me… We hear you, but you don’t have to get yourself locked up to take part in the Prison Workout. There are plenty of real-world applications. Do it in your apartment when winter snow or spring rain keeps you indoors. Do it when you are away on business and you only have a few minutes to spare in your dinky hotel room. Do it at home so you don’t have to pay for a gym membership. Enough talking. Let’s get to the Prison Workout:

2. Limited space You don’t get to decide whether you should go to the basketball court, to the gym, to the tennis court, to the park, ride your bike, play ultimate Frisbee with friends etc. etc. because you don’t have a choice. Your options are limited. But this is a good thing. You don’t get bogged down with endless decision-making. You’ll be working out while Joe Schmo is still deciding what to do. No specialized equipment, no gimmicks, no late-night infomercial tchotchkes, no gym membership. You don’t even have dumbbells. It’s just you. In a room. With endless potential. The only thing stopping you from getting fit is your resolve to do so.

There is something about being on your own. There are no support groups or personal trainers. No buddy system, and no lazy spouse to drag you down. The results you achieve are all a result of your hard work. It is you against everyone else in prison, so you better get in shape.

At the core of any self-respecting prisoner’s workout regimen is THE BURPEE. If you have never done one you are in for a world of hurt – especially if you are to attempt the holy grail of 20 descending sets. Here’s how:

How is this Primal, you ask?

The Burpee

It’s intense, it builds muscle, it requires that you use your local environment and resources to get fit, and there is a survival-of-the-fittest aspect here. Prison isn’t a fun place to be (so we’ve heard…). You have to constantly be on guard, watching your back and ready to protect yourself at any moment. If you aren’t prepared you’re going to pay the price. With this in mind you need to build functional strength. The kind that allows you to sprint and move quickly, and fight when it is called for. On the outside it isn’t everyday that we are put into survivalof-the-fittest or literal fight-or-flight situations, but it is always better to be prepared than to be a victim.

From a standing position squat down, drop your hands to the ground and jump your feet back to assume a pushup position. Do a push-up. Jump your legs forward to between your hands then jump up into the air bringing your knees to your chest and your hands into the air over your head. Repeat 20 times. Doing this at any speed 20 times is enough to get anyone’s heart rate up. Now comes the really tough part. Catch your breath before going into another set. This time completing 19 burpees. Catch your breath. Now do 18 burpees. Repeat until you have done all descending sets. Variations include not starting with 20. Do a descending

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4. Lone soldier mentality

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set starting from 10 or some other number. Or don’t do descending sets at all. Instead do as many burpees as you can before you get to the pass-out/throw-up stage. Also, you don’t have to bring your knees to your chest. This lowers the intensity considerably. (Check out this video for a visualization of the possibilities, and this video that ups the ante by combining burpees with pull-ups.)

Pull-Ups

This is a full body workout and covers your bases for most muscle groups. In fact, you could almost whip your body into shape by mastering this workout alone. But if you want to take it to the next level here are some additional options when all you have is a 10×10 cell and an iron will.

Lower Body

All you need is something overhead to grab onto. Variations include overhand grip, underhand grip, wide grip, and narrow all with varying speeds. Watch this CrossFit video for inspiration.

Upper Body

Play Cards We don’t mean solitaire. Get a deck of cards and some sort of receptacle – trash bin, cup, shoe, doesn’t matter. Sitting some distance from the target toss a card attempting to land it in the hole. If the card doesn’t make it and lands face up this is how many push-ups you will be doing. (Face cards equal 10.) Do the whole deck. Repeat if you’re a tough guy or gal (or if you are aces at tossing cards).

An Indianapolis woman was among those killed in a

Everyone knows what a push-up is so I won’t explain the basics. The plane crash important thing is to Florida rememberFriday to keepafternoon. your body level (no sticking your butt up in the air… especially if you are actually in prison) CharisseonPeoples of Indianapolis died and to42-year-old do the many variations this old favorite – incline, decline, military, staggered hands etc. Mix it up and watch your chest and on impact. Pilot Michael Anders, 57, and passentricepsger, get shredded. Watch this 19 Push-Up Variations video Duane Shaw, 59 – both of Albany, KY wereplus also Jack Lalanne’s crazy fingertip push-ups for ideas.

killed. The three were heading back after spending the Christmas holiday in the Virgin Islands.

Tricep Dips

Authorities say the plane crashed just before 2:30

Put your hands on your prison chair or bed and dip your body FridayVariations afternoon — less than 10 minutes after towardp.m. the ground. (from easiest to hardest) include: feet the pilot saw smoke in the cockpit and declared an on the ground with bent knees, feet on the ground with straight legs, feet upemergency. off of the ground on another piece of furniture (toilet? sink?), and one foot on another piece of furniture while the other leg is raised The in the1957 air, alternating legs. Beechcraft Bonanza was en route from Fort

Pierce to Knoxville when the pilot reported smoke

Squat Jump This is basically the burpee without the push-up part. Squat from a standing position until your fingertips touch the floor and then explode upwards, leaving the floor and raising your arms into the air. Repeat. Your quads will start burning quicker than you probably expect. Jump Lunge

in the cockpit and tried diverting the plane to Flagler

From a lunge position The jumpplane upwardnose-dived bringing bothinto feetaoff the in County Airport. home ground at the same time and switch your stance ending in a lunge Palm Coast, a mile away from the runway. position with your other foot now in the front. The speed and number of reps are up to you. We recommend fast and max. (Video Homeowner Susan Crockett was able to make it out example.)

without a scratch by jumping out the window.

“I was getting ready to leave. I had some errands to run so I was getting ready to walk out the door,” said Crockett. “Something said, ‘Stop. Hold.’ and I’m like, ‘What? Why?’ I stopped. Plane hit the building, hit the house. Boom! And that’s why I had to stop.” According to Peoples’ LinkedIn profile, she started working at United Technologies in July.


Core

Hardcore Additions

Planks Handstand Push-Ups

Isometrics Mark told us all about isometrics for abs in his post Washboard Abs on a High-Fat Diet, No Ab Workouts and No Cardio? So check it out for more info.

Do a handstand with your back facing and feet against a wall. Once in the position lower your head towards the ground and then explode upward. (Handstand Push-Up video example) If you don’t have the strength to do a Handstand Push-Up work your way up by doing the Pike Press (video – FYI: You don’t need a fancy swiss ball) to build shoulder and tricep strength. If you are really hardcore don’t use the wall (video). Wall Squats All you need is a wall for this simple move. Put your back up against the wall and lower it until there is a 90 degree angle between your upper and lower legs. Hold this position as long as you can. Doesn’t sound hardcore, you say? Try holding the position for 1, 2, 3 or even 5 minutes and then tell us it isn’t hardcore. Just like with planks after a minute or two you’ll be begging for mercy. Check out this CrossFit tutorial for video instruction. That’s two Hardcore Additions added to our Prison Workout routine. We’ll leave the rest up to you, fellow Apples. CrossFitters, too! We know you’re out there and have something to add. So hit us up with a comment and tell us what your favorite tight-quarters exercise regimen includes and how ours could be even more extreme. Note: This routine may not be for everyone, but there is plenty to be learned here by anyone that wants to stay in shape and has limited space and resources.

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Try holding a plank for 3 minutes straight. Sounds easy, right? Think again. But, if you were a hardcore caged animal you could do it. Do standard and side planks holding the position as long as you can. Read this for more on planks.

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10 Reasons Why Small Businesses Fail

No one likes to fail at anything they put their heart and soul into. It’s a miserable feeling. Even more so when you invest your money into something and lose!! Here are some very good tips on what NOT to do to prevent your small business idea from failing once you come home and get things off the ground. Study your craft and market down to the bottom line BEFORE YOUR RELEASE!! Finding time to do so should not be hard right? LOL Serioulsy though if you have no loved ones or friends who can pick up books for you and send them to you to study your interest, the prison library (all though most need serious updating) should be able to get you going in the right direction of whatever your interest are. Check it out!

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# 1. No Business Plan Knowing what your business will be and how you will sell your products or services are not enough to keep it running. You need to have a business plan written out, including (but not limited to) the following: • your short and long term goals; • the business’ finances for labor, production equipment, etc.; • your target markets; and • marketing. Having one which outlines every detail will guide your business to the right path.

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# 2. Wrong Reasons Starting a small business simply because you want to be rich can lead to an unfulfilling experience, where you will always be looking for schemes that can bring you fortune. Before you do, think first about your own interests and passions. Do you believe you can give something of value to people at large? Are you driven enough to overcome the many inevitable obstacles an entrepreneur will face? # 3. Inefficient Management Small business entrepreneurs usually come into their industries with little to no knowledge of han-


# 4. Lack of Capital Some entrepreneurs think they will be making profits for their beginning operation cycles, spending most (if not all) of their resources immediately, only to find out later that they will not have enough funds to start the succeeding cycle/s. Consider every possible cost (overhead, production, equipment, etc.) and save enough money that can be used for at least one fiscal year despite poor sales. # 5. Bad Location It is not enough to set up a store at a location with high human traffic or with a very cheap lease. Opening a restaurant near a school campus can seem like a good idea, but don’t expect too many customers if the food is expensive and there are much cheaper alternatives around. You need to consider your target market and their habits, as well as the direct competition in the area. Don’t be afraid of spending on prime location, as the increased rate of customers coming into your store and making a purchase will make up for the initial cost. # 6. No Online Presence In this age of high-speed information, people expect to find just about everything on the Internet with their computers and mobile devices. Not having a website or at least a social media page will render your business virtually invisible to a great majority of the world’s population. You can hire professionals to create a website for you or put up the website yourself. Make accounts for your business on Facebook, Twitter and other leading social media platforms where your target market can usually be found. # 7. Uncontrolled Growth Growth is a good thing unless it is left unchecked and your generated revenue can’t keep up with the expansion. If your business experiences great

success, do not be overeager to spend your profits by immediately buying more equipment or opening up new stores. Stick to the strategies you have set so you can still grow without bankrupting the business. # 8. Financial Neglect Cash is the lifeblood of any business, and there will be no business once that runs out. Therefore, it is imperative that small business entrepreneurs practice strict financial record-keeping so that every penny is duly accounted for. Knowing exactly how much money is going in and out of your business will correctly guide every decision you make. # 9. Lackluster Execution Having a great business plan will amount to nothing if each objective is tackled with incompetence. Employees who are lazy, dull, bad-mannered and unmanageable will not just cut down on productivity, but will also have a negative effect on the work environment and customer/client relations. Follow strict hiring guidelines and subject your hires to rigorous training to ensure quality output from each one. # 10. Poor Marketing A small business needs to market its brand considering the tough competition it will face against more established businesses. You need to invest enough resources into promoting your products through the right channels. This is so your target market knows exactly that you can fulfill its needs. Online marketing is a must these days, but you should not ignore the physical reach of traditional marketing methods such as brochures, flyers and business cards. Ultimately, it is a matter of planning out your overall strategy, assessing your own strengths and weakness, and keeping a good eye on all of your resources—be it financial or human. Consider each of these possible pitfalls, and you can find your small business not just surviving, but thriving in this competitive world.

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dling the multiple facets of a business such as financial management, employee relations, advertising and other essential responsibilities. Educate yourself through short business and finance courses, or hire managers who have expertise in the fields where you are lacking.

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FELON IN POSSESSION OF A FIREARM (KNOW THE LAW)â&#x20AC;?

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A charge in federal court for possessing a firearm as a convicted felon carries extremely severe penalties. It does not matter that the firearm was unloaded. Nor does it matter that the weapon was never discharged.

922(g)(1). The offense is a felony. The law provides the following:

In fact, the firearm itself may not be operable. Nonetheless, a person can be found guilty of this crime when he possesses only parts of a gun such as the frame or receiver. Click here to read more about the federal definition of a firearm.

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

In addition, it does not matter what the felony conviction was for. A conviction for aggravated driving under the influence (DUI) or aggravated driving while license suspended or revoked qualify. Any felony conviction is sufficient. The federal offense of possession of a firearm by a felon is defined by statute, Title 18, United States Code, Section

It shall be unlawful for any person-

See 18 USC 922(g). Possession of a firearm by a felon is most often prosecuted in state court. For example, in Illinois, it is a Class 3 felony for a person


with any felony conviction to possess a firearm. See 720 ILCS 5/24-1.1. The penalty in Illinois is 2-10 years imprisonment, but if the felony conviction was for a forcible felony, a Class 2 felony for cannabis, methamphetamine, or a controlled substance, stalking, or a felony weapons charge, then the sentence is 3-14 years. If the defendant was on parole (eg, mandatory supervised release) at the time of the offense, regardless of what the prior conviction was for, then the sentence is 3-14 years as well. Finally, possession of a machine gun by a felon is an automatic Class X felony with 6-30 years prison. But state charges give way to federal charges where the gun crossed state lines. Basically, if the federal government can establish that the gun was involved in some interstate activity, then it becomes a federal case. These cases are typically investigated by the Federal Bureau of Investigation (FBI) and Bureau of Alcohol, Tobacco and Firearms (ATF) in connection with distribution of controlled substances, conspiracies, drug trafficking, and RICO. The penalty for 18 USC 922(g)(1), possession of a firearm by a felon, can be a 10 year sentence in federal prison. Federal law defines a felony as any offense for which the punishment is more than one year of imprisonment. In cases where the defendant was sentenced to probation in state court for the felony, there is still generally a felony conviction. In rare circumstances, state law will provide for a penalty in excess of one year imprisonment, but still categorize the offense as a misdemeanor. The federal courts have decided that in these cases, the defendant cannot be prosecuted in federal court because the underlying conviction was for a misdemeanor only. If the defendant received a special type of probation on the felony that is available only to first-time offenders, then it may or may not be a felony conviction. For example, in Illinois, possession of a controlled substance (cocaine, heroin, etc.) and possession of over 30 grams of cannabis can result in a sentence of probation with no felony conviction. This probation is available for possession of a controlled substance and possession with intent to deliver under 720 ILCS 570/410 (called 410 probation). The same applies to felony cannabis cases under 720 ILCS 550/10. Illinois also allows for special probation on other non-violent felonies called Treatment Alternatives to Street Crime (TASC). A sentence of probation under the TASC program can result in no felony conviction. See 20 ILCS 301/40-10(b).

Further, restoration of rights under state law, or a certificate of relief from disabilities may result in the removal of a conviction. In any federal firearms case under Section 922(g)(1), the defendant should examine whether the felony actually is a felony conviction.

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Also, a petition to expunge or seal a felony may legally render the conviction a non-conviction for purposes of the federal firearms possession statute. Illinois allows for the expungement of 410 probation and prostitution felonies. Other felonies may qualify for sealing. The expungement and sealing process is different for each state.

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Ebony Lavette


MS Mika


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*PLEASE MARK THE PICTURES YOU ARE SELECTING IN THE SPACE PROVIDED 3 FOR $7.99______ 5 FOR $9.99_______ 10 FOR $12.99_________

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MAKE ALL PAYMENTS PAYABLE TO: NONSTOPCONNECTIONS 30799 PINETREE LN. #208 PEPPER PIKE, OHIO 44124

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True enough, no one wants to depend on the government forever to assist them in day to day living. However a lot of us who have been convicted of a felony when released from prison have no other choice rather than to get some form of food stamp aid once we are free. Food is essential to the survival of every living thing. So check this out...as a felon, now you have to face not only being banned from a lot of employment opportunities, but you may be banned in some states from even receiving a meal!! So now what’s a felon to do? It seems that the powers that be would love for you to get out, unemployed, hungry and thirsty (literally) so that your only option is to return to a life of criminal activity, which we all know results in another arrest, more money for the bondsman, the lawyer, the canteen or commissary from the county to the joint, and however many tens of thousands of dollars the federal government chooses to pay the state your incarcerated in to house you. At the end of the day it’s a cold world and a cold game that’s playing out right in front of our eye’s. Modern day slavery is in full effect!! Read on and learn more. Special thanks to Ms. Tracee Person (whom by the way won an award for her english research paper in college on this very subject) for shedding some light on this topic for us. Tags: infographic When Democrats and Republicans unanimously accepted Sen. David Vitter’s amendment (#1056) that would ban violent felons from receiving food stamps during a Senate debate earlier this week, that proposal may have been launched from poor facts. In Sen. Vitter’s press release about the amendment, he exclusively cites a report from Louisiana’s legislative auditor’s report to justify his amendment. For Vitter’s focus on those convicted of violent felonies, you’d think there was some information about the abundance of felons using food stamps. Quite the contrary, there’s not a single word in the report about violent felons. Vitter’s press release doesn’t mention anything from the report on felons abusing food stamps either. He does point to other fraud the auditor found: The audit covered the fiscal years from 2010 to 2012 and found that there were duplicate and overpayments of millions. The results show that more than $1.1 million was issued to 1,761 people who were in prison, 322 people gained benefits even though their wages exceeded $50,000,

and 3,060 people used $2 million worth of benefits in a state other than Louisiana. Few things here: One, that same report noted that 1,157 cases that resulted in $841,615 in overpayments happened because of state agency errors — mistakes “such as a caseworker entering incorrect income amounts or failing to remove an ineligible member from the case.” That may seem like a big deal, but consider those are totals for 2010 and 2011. Total SNAP benefits in those years totaled $2.5 billion in Louisiana. $840,000 in overpayments from $2.5 billion is rather minute. What this has to do with former incarcerated citizens with violent felonies is unclear. Not to mention, Louisiana has one of the lowest overpayment rates in the nation — of all the states last year they ranked fourth in low overpayment error rates, and had the second highest improvement among all the states. This improvement happened while the state’s administrative burdens increased. From 2008 to 2012 the workload for SNAP administrative increased 76 percent — 259,770 cases to 380,011 cases — mostly because of the economic recession. Meanwhile, staffing at the state’s SNAP offices decreased from 1,315 to 1,090 caseworkers. But the number of erroneous cases alone might explain some of the questionable findings in the auditor’s report, such as prison inmates using food stamps (How exactly does that work?). As for the 3,060 who spent $2 billion in SNAP benefits in other states, Vitter fails to mention that this is legal. SNAP beneficiaries receive their food allocations by their resident state, but those can be used anywhere in the United States. That this might indicate fraud is purely speculative. Fraud isn’t a major problem in the SNAP program at large. According to the Center on Budget and Policy Priorities, the national program achieved its lowest overpayment error rate on record in 2011. “The overwhelming majority [of errors] result from honest mistakes by recipients, eligibility workers, data entry clerks, or computer programmers,” writes CBPP senior policy analyst Dottie Rosenbaum. Food Stamp, Welfare Bans for Drug Felons Counterproductive When the landmark welfare reform law was enacted in 1996, the political rallying cry was “ending welfare as we

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Was Violent Felon Ban on Food Stamps Accepted With False Data?

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know it.” Today, a move is underway to rescind some of the law’s punitive measures, such as provisions that permit states to deny welfare benefits and food stamps to people convicted of felony drug crimes. These provisions were intended to prevent selling or trading food stamps for drugs, but widespread budget deficits and steep prison recidivism rates are prompting state governments that enforce the benefit bans to rethink the policy amid high unemployment and escalating prison costs. New Jersey and South Dakota are the latest states to reverse course and allow drug felons to receive public assistance. Advocates for former felons are seizing the moment to make the case that the restrictions are counterproductive in tough economic times, and they are urging state and congressional lawmakers to remove the restriction.

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Ten states still have the food stamp ban. Lawmakers in three of them—West Virginia, Missouri and Delaware— have proposed legislation that would remove the ban. Eleven states maintain the TANF ban. No Traction in Georgia In Georgia, where the 67 percent recidivism rate is among the nation’s highest and where more than 50,000 people are in its state prison facilities, lawmakers have maintained the ban.

More Commit New Crimes

Democratic State Sen. Emanuel Jones, who chairs the Georgia Legislative Black Caucus, introduced a bill during the last session proposing to restore eligibility for food stamp and welfare benefits for drug felons who had served their time.

Convicted felons have difficulty getting jobs even in good economic times, and public assistance and food stamps are critical income supports during the transition from prison to community living, the advocates say.

“It didn’t get any traction at all,” he said, adding that he plans to introduce a measure this year proposing restoration just of food stamp benefits. Regarding its prospects, however, Jones said, “I think the chances are very slim.”

“When individuals with drug convictions are denied food stamps and cash benefits, establishing economic stability upon reentry becomes more difficult, and it becomes more likely that they may return to criminal activity and drug use instead of maintaining sobriety and obtaining gainful employment,” said Elizabeth Farid, deputy director of the Legal Action Center’s National HIRE Network.

“We lock up a lot of people here, and we apparently want to keep them there,” he said, referring to the high rate of those reimprisoned after being released.

The HIRE network, an acronym for Helping Individuals with criminal records Re-enter through Employment, seeks to increase job opportunities and advocates for ending public policies and employment practices that further penalize felons, who have served their time.

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fully funds food stamps, allowing felons to receive them does not burden state budgets.

Opponents of the food stamp restrictions say the ban has disproportionately affected women and people of color, who are more likely than whites to be charged and convicted for drug crimes. Many states have opted out of the law banning drug felons from the Supplemental Nutrition Assistance Program (SNAP), as the food stamp program is now called, and Temporary Assistance for Needy Families (TANF), the welfare program. Other states have modified the bans and made them less punitive. Because the federal government

Henrie Treadwell, director of Community Voices and Men’s Health Initiative at the Morehouse School of Medicine in Atlanta, is optimistic that the benefits will eventually be restored for former felons. Her program works to improve access to health care and other services for those transitioning from prison. “I serve on the Georgia Board of Corrections, and everything that I see and hear says we are moving in that direction,” said Treadwell, who is also a research professor at Morehouse’s Department of Community Health and Preventive Medicine. “Our new governor has made reduction of recidivism one of his priorities. Now the question becomes how far we will go.” Congressional Bills Fail to Move On the national front, proponents of sentencing reforms are actively lobbying Congress to repeal the bans. Two congressional bills aimed at doing that have failed to move. Rep. Barbara Lee, D-Calif., introduced H.R. 329,


which has eight cosponsors, would repeal the food stamp ban, and Rep. André Carson, D-Ind., introduced H.R. 3053, which would rescind the TANF ban, has 19 cosponsors. “What we see all too often are restrictions that fail to promote public safety, that frequently run counter to integrating formerly incarcerated people into the community and that are based on political posturing rather than behaviorally based analysis,” Marc Mauer, executive director of The Sentencing Project, testified before a House Judiciary subcommittee last June. He also noted that the ban does not apply to people convicted of murder, armed robbery, rape or child abuse. “This ban disproportionately affects women and children, by far the overwhelming proportion of recipients of such benefits,” Mauer said at the hearing. “The impact of the ban means that a woman returning home from prison--who may gain temporary employment but is then laid off during a recession--is left with no safety net. Further, children are essentially punished for the acts of their parents.”

a dim view of entitlement programs and an even dimmer view of criminals. “We’re a pull-yourself-up-by-the-bootstrap state, so there’s limited support for food stamps to begin with,” Cole says. “There’s also this knee-jerk reaction to people with felony drug convictions. Lawmakers don’t want to appear soft on crime.” Outraged lawmakers originally pushed for the lifetime ban because some food stamp recipients, though not the majority, traded stamps for drugs or sold them to obtain money for drugs. But food stamp benefits are now distributed electronically and accessed with a debit card that makes selling or trading benefits more difficult. Unlike old food stamp coupon books, the electronic cards can be traced, leading to substantially less fraud and abuse nationally. In 2008, for example, Texas reported no instances of food stamp fraud, Cole explained. “Who are we to say, ‘You made a mistake. You paid your debt to society. We’re letting you reenter society, but you can’t eat,” she asked? “It doesn’t make sense.”

Although children of felons remain eligible to receive public assistance, restrictions for felons mean that benefits decline for an entire household. “It’s unrealistic to think that the restriction will only reduce the quality of life of the parent while maintaining the rest of the family’s overall level of comfort,” Farid says. Texas Knee-Jerk Reaction

With state reintegration programs for former inmates being cut for budgetary reasons, Cole said she hopes that budget-conscious lawmakers will give new legislation a better reception. “Our position has always been that food assistance is critical to successful reintegration into society,” she says. “We see being able to feed themselves as way to being able to rebuild their lives.” But Texas lawmakers, and those in other politically conservative states that support the restrictions, tend to take

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Celia Cole, a senior policy analyst at the Center for Public Policy Priorities in Austin, Texas, has been working on this issue since 1999. During that time, six bills proposing that food stamp benefits be provided to ex-felons were introduced and died in the state legislature.

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1. Introduction Exorbitant calling rates make the prison telephone industry one of the most lucrative businesses in the United States today. This industry is so profitable because prison phone companies have state-sanctioned monopolistic control over the state prison markets,[1] and the government agency with authority to rein in these rates across the nation has been reluctant to offer meaningful relief. Prison phone companies are awarded these monopolies through bidding processes in which they submit contract proposals to the state prison systems; in all but eight states, these contracts include promises to pay “commissions” — in effect, kickbacks — to states, in either the form of a percentage of revenue, a fixed up-front payment, or a combination of the two.[2] Thus, state prison systems have no incentive to select the telephone company that offers the lowest rates; rather, correctional departments have an incentive to reap the most profit by selecting the telephone company that provides the highest commission.[3] This market oddity — that the government entity has an incentive to select the highest bidder and that the actual consumers have no input in the bidding process — makes the prison telephone market susceptible to prices that are well-above ordinary rates for non-incarcerated persons. This fact, coupled with what economists would label as the “relative inelastic demand”[4] that incarcerated persons and their families have to speak with one another, leads to exorbitant prices. The prison telephone market is structured to be exploitative because it grants monopolies to producers, and because the consumers — the incarcerated

persons and their families who are actually footing the bills — have no comparable alternative ways of communicating. [5] The prison telephone market is structured to be exploitative because it grants monopolies to producers, and because the consumers have no comparable alternative ways of communicating Exorbitant telephone rates are not only bad for incarcerated persons and their families, but are bad for society at large. High phone rates reduce incarcerated persons’ ability to communicate with family, and family contact has been consistently shown to lower recidivism.[6] Currently, there is public debate about reducing the costs of mass incarceration by focusing on ways to lower the likelihood that incarcerated persons will re-offend after their release. [7] For example, the Republican Party Platform for 2012 endorses “the institution of family-friendly policies … [to] reduce the rate of recidivism, thus reducing the enormous fiscal and social costs of incarceration.”[8] And the Democratic Party Platform for 2012 notes that the party “support[s]… initiatives to reduce recidivism.”[9] Lowering prison telephone rates would serve the uncontroversial goal of reducing the likelihood that incarcerated persons will commit another crime after their release. Regulation would both reduce the price-gouging that incarcerated persons’ families suffer and simultaneously contribute to the social good by reducing recidivism. Fortunately, government regulation can help achieve this goal. The Federal Communications Commission is considering a modest regulation to impose price caps on long-

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PAYING YOUR DEBT TO SOCIETY… WHILE THE PHONE COMPANIES GET RICH

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distance prison telephone rates. This report finds that such regulation, when considered against the backdrop of the corporate monopolization of the prison telephone market, would both reduce the price-gouging that incarcerated persons’ families suffer and simultaneously contribute to the social good by reducing recidivism. 2. Prison The Telephone Market is Broken Markets for goods and services work best when consumers have the freedom to select the best seller. In the prison phone market, though, the consumers have no choice as to which telephone company to use. That choice is made for them by the state prison system. But state prison systems cannot be expected to advocate for lower phone rates because they don’t have consumer interests in mind. And prison telephone companies have little incentive to provide reasonable rates to their customers because they do not answer to those customers. These state-sanctioned monopolies prey upon people who are least able to select alternative methods of communication and who are least able to sustain additional expenses. Incarcerated persons have below average literacy rates that make it less practical for them to communicate in writing. [10] It is difficult for families of incarcerated persons to pay for phone calls because people in prison tend to come from low-income households.[11] A study of recently released people from Illinois prisons found that the price of phone calls from prison was one of the two most significant barriers to family contact during incarceration.[12] Therefore, prison phone companies not only have monopolies, but their customers have no comparable alternatives to telephone communication. American Securities: A primer[39] Who is American Securities? A New York private equity firm that purchased prison telephone behemoth Global Tel*Link last year. How did American Securities acquire Global Tel*Link? By purchasing the prison phone company from two other New York private equity firms, Veritas and Goldman Sachs Direct, for $1 billion in 2011. Veritas and Goldman Sachs purchased Global Tel*Link in 2009 for $345 million. That’s a $655 million return on their investment in two years. What kinds of companies does American Securities invest in? According to its website, American Securities specializes in “stable demand industries.” And it doesn’t get much more stable than a monopoly over the prison telephone industry with a captive consumer market. Never heard of American Securities before? Aside from Global Tel*Link, their investments include Oreck Vacuums and Potbelly Sandwich Works.

In addition to these structural problems with the prison telephone industry, corporate agglomeration has exacerbated the already exorbitant rates. Over the past few years, three corporations have emerged to dominate the market. 90% of incarcerated persons live in states with prison phone service that is exclusively controlled by Global Tel*Link, Securus Technologies, or CenturyLink.[13] The largest of these corporations, Global Tel*Link, currently has contracts for 27 state correctional departments after its acquisition of four smaller prison phone companies between 2009 and 2011.[14] Global Tel*Link-controlled states contain approximately 57% of the total state population of incarcerated people in the United States.[15] Government regulation was designed to control this kind of corporate domination over a captive market. 3. Exorbitant Prison Phone Rates Result from the Monopolistic Market The combination of corporate consolidation in the prison phone industry, state-granted monopolies, and inelastic demand for prison telephone service has led to exorbitant rates. In many states, someone behind bars must pay about $15 for a fifteen minute phone call.[16] For families trying to stay in touch on a regular basis, such prices are often backbreaking. Because rates vary widely between states — even between states that use the same prison phone company — nationwide regulation appropriate. For example, a fifteen minute long-distance phone call from Global Tel*Link costs $2.36 in Massachusetts, but that same call costs more than $17 in Georgia.[17] This large difference in rates originates in large part from the wide range — anywhere from 15% to 60% — in the size of kickbacks that prison phone companies pay to state governments.[18] The combination of corporate consolidation in the prison phone industry, state-granted monopolies, and inelastic demand for prison telephone service has led to exorbitant rates. The phone companies and state prison systems use different arguments to defend the high rates. Prison phone companies argue that rates must be high in order to cover costs associated with providing secure telephone service, such as call monitoring.[19] But this argument is refuted by phone rates charged in New York. New York law bans kickbacks and requires that “the lowest possible cost to the user shall be emphasized.”[20] Currently, Global Tel*Link charges incarcerated persons and their families about $0.05 per minute, local and long-distance, in the New York prison system. Thus, low rates in the prison phone market are entirely consistent with call monitoring and other security measures. Both prison phone companies and state prison systems


rates are offset by the costs of larger prison populations caused by increased rates of re-offending. The economic consequences of high prison phone rates are harmful, as well. The apparent revenues generated by high prison phone rates are offset by the costs of larger prison populations caused by increased rates of re-offending. Foregoing revenue from exorbitant phone rates now will decrease correctional departments’ costs in the future because fewer people will find themselves back in prison. If state governments are serious about lowering costs by reducing prison populations, lowering prison phone rates provides a simple, straightforward, and evidence-based way to achieve that goal. It is unfair that taxpayers whose family members are incarcerated should be subject to an additional tax. High prison phone rates also function as a regressive tax on communities that experience higher incarceration rates.[29] This is the opposite of our generally progressive tax structure where tax burdens increase as income rises. In this context, low-income families pay exorbitant phone rates that fund state revenues. But taxpayers are already paying for prisons. It is unfair that taxpayers whose family members are incarcerated should be subject to an additional tax, especially one that also enriches prison phone corporations and makes incarcerated people more likely to return to prison. Finally, lower prison telephone rates would also lessen the recent problem of contraband cell phones.[30] The connection between high prison phone rates and contraband cell phone spurred Congress to order a government study into the effect of high prison phone rates on the demand for contraband cell phones.[31] And even TIME Magazine notes that the “notoriously expensive” cost of using prison telephones contributes to the demand for cell phones in prison.[32] Lowering prison telephone rates would improve safety by providing less incentive for incarcerated people to acquire contraband cell phones. 5. Government Regulation in the Prison Phone Industry Currently, prison phone companies are subject to minimal governmental regulation. Pressuring state utility agencies, which regulate local and in-state longdistance phone rates, to lower prison phone rates has been successful in a few places, but is unlikely to succeed everywhere. The commissions that states receive from prison phone companies give states little incentive to enact affordable rates. At the federal level, the Federal Communications Commission (FCC) currently limits its regulation of the prison phone industry to disclosure requirements mandating that prison phone companies

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would be able to cover costs and generate revenue even with price caps. Correctional departments argue that revenue from kickbacks provides for prison amenities that would otherwise go unfunded by state legislatures.[21] This argument fails to stand up to scrutiny when considering that the federal prison system charges comparatively low rates: $0.06/minute local and $0.23/minute long-distance, and still generates enormous revenue. As a recent Government Accountability Office report points out, the federal prison phone rates were sufficient to cover costs and generate $34 million in profit in 2010.[22] Thus, profits can still be generated when prices are capped at relatively low levels. Both prison phone companies and state prison systems would be able to cover costs and generate revenue even with price caps. 4. Exorbitant Prison Phone Prices Harm Society The link between family contact during incarceration and reduced recidivism is well-documented.[23] Indeed, the federal Bureau of Prisons states that “telephone privileges are a supplemental means of maintaining community and family ties that will contribute to an inmate’s personal development.”[24] Congress itself has found, in the context of re-enacting the Second Chance Act of 2007, that “there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences.”[25] And the American Correctional Association, the world’s largest professional corrections association and an accreditation agency for correctional facilities, has repeatedly resolved that “sound correctional management” requires that “adult/juvenile offenders should have access to a range of reasonably priced telecommunications services” and that rates for such services should be “commensurate with those charged to the general public for like services.”[26] Thus, a variety of stakeholders and policy-making bodies agree that high phone prices are harmful, and yet high prison phone prices persist. In addition to reducing recidivism, lower telephone prices that lead to increased contact between incarcerated people and their children increase incarcerated persons’ involvement with their children after release. [27] As of 2007, 52% of people incarcerated in state prisons and 63% of people incarcerated in the federal system were parents of minor children.[28] Lowering the cost of communications for these incarcerated persons and their children would improve parent-child relationships by permitting more frequent communication. The apparent revenues generated by high prison phone

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inform collect call recipients of prices before family members accept calls from incarcerated persons.[33] In 2000, a group of plaintiffs brought a class action lawsuit against the Corrections Corporation of America and several prison phone companies, alleging that the prison phone agreements between the parties violated, among other things, federal anti-trust law. The federal district court referred the case to the FCC, stating that the FCC was better suited to addressing the concerns raised by the lawsuit. The plaintiffs then petitioned the FCC to enact regulations that would introduce competition to the prison phone market in the hopes of lowering prison phone rates by breaking up the monopolistic prison phone industry. After several years of little movement from the FCC, the plaintiffs shifted their request by petitioning the FCC to impose price caps or benchmark rates of $0.20 - $0.25 per minute for interstate longdistance rates.[34] This petition — known as the Wright Petition, after original plaintiff Martha Wright — is still pending before the FCC. Despite widespread consensus that prison phone rates should be lower, the FCC has failed to impose price caps in this market because of obstructionism by prison phone companies. The rates requested by the Wright Petition would be more affordable and would still permit phone companies to earn profits. As demonstrated by the example of the federal prison system discussed in section 3, rates as low as $0.06 per minute can still generate significant revenue. Despite widespread consensus that prison phone rates should be lower, the FCC has failed to impose price caps in this market because of obstructionism by prison phone companies. Prison phone companies continue to resist a regulation that is eminently reasonable and that would permit them to make handsome profits while simultaneously reducing crime. This is corporate greed and disregard for public welfare at its worst. 6. Why Federal Regulation Would Ameliorate the Problem The Federal Communication Commission’s statutory purpose, stated in the law that created the commission in 1934, is to regulate telecommunications such that service is available nationwide at “reasonable charges.”[35] Under no circumstances can the current prison phone rates be deemed reasonable. The FCC is ideally situated to regulate this broken market. The FCC already has consumer protection capabilities such that it can field consumer complaints and

resolve disputes with phone companies without the time and costs associated with litigation. Federal regulation of interstate long-distance prison phone rates would bring much-needed relief to incarcerated persons and their families, and it would increase public safety by reducing recidivism through increased family communications. While such regulation would not necessarily affect prison phone long-distance rates within a single state,[36] the highest prison phone rates currently apply to interstate phone calls.[37] Setting price caps for interstate prison long-distance rates would bring rates more in line with rates in the non-prison market while still enabling prison phone companies to earn profits.[38] In sum, federal regulation of this market is imperative. 7. Summary & Recommendations State-sanctioned monopolies for prison telephone companies encourage exorbitant phone rates for incarcerated persons and their families. High prison phone rates — effectively regressive taxes — reduce communication between incarcerated persons and their families. Criminological research undeniably demonstrates that increased communication with family during incarceration reduces the risk that incarcerated persons will re-offend after their release. But neither prison phone corporations nor state prison systems have a strong incentive to lower rates. As a result, incarcerated persons, their families, and the public at large suffer while a few select corporations reap the profits. Government regulation of this predatory industry is the best solution. Government regulation of this predatory industry is the best solution. The Federal Communications Commission should set price caps on prison phone rates by approving the Wright Petition. State governments should refuse to engage in the collusive and pernicious practice of accepting kickbacks from prison phone revenue. And the public should exercise its political power to ensure that justice is brought to the prison phone industry by participating in the relentless advocacy campaigns for this issue, such as those organized by Citizens United for the Rehabilitation of Errants (CURE), the Center for Media Justice, Thousand Kites, and the Prison Phone Justice Campaign.


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Nyree

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Jasmin Haze

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Interview

Jasmine Haze Interview

*Give me some basic information about yourself. Where are you from? What are some of your main interests and hobbies? JASMINE: I’m From Colombia (South America) but I’ve lived in the US since I was 6 years old. My Interests and Hobbies are Modeling and Acting I just love to be on camera. *How would you describe your professional interests? JASMINE:I love Modeling but I also like to Act and I’m hoping one day I get to work with Tyler Perry I love his work. *What’s your background in modeling? When and why did you get started? Was it for the glamour? The money? Pure kicks? JASMINE: I started because I love acting and I love the way the camera makes me feel. *Who are some of your favorite models and designers, and why? JASMINE: I really don’t have a favorite but I love Marylin Monroe. She was a actress and a model and I just loved her determination of wanting her dreams to come true. As for my favorite designer I don’t have one but I really like EXPRESS. *What other modeling projects have you done? Could you provide links?

*Out of all of the photos the photographer took of you, which is your favorite and why? JASMINE: I will have to say my black dress look it was so different I was sexy and classy at the same time not too much was showing and it was a different look for me. *What makes [your city’s] fashion unique? JASMINE: That everyone have their own different styles.

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JASMINE: Yes I did a promo introducing myself to world so like they can get to know who I am. you can find that on my youtube page or you can just type in Jasmin Haze. Last year I was blessed to work with Ludacris, 2 Chainz, PBZ, R&b group Untitled and more. I’m looking forward to God opening more doors for me cause I just love what I do. I’ve been featured on Wizsdailydose, Jack Thriller, DJ Clue dessert storm radio as Model of the day and more.

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*Do you have any other experience in the fashion industry (writing, photography, marketing, etc.)? JASMINE:I don’t know alot about Fashion Industry but I do know how to walk the runway lol and I’m also good at directing. *What is fun and rewarding about modeling? JASMINE: The reactions and people knowing who I am. *What do you dislike about modeling? JASMINE: it’s not 24/7 thing lol when you really like what you do *What advice do you have for other aspiring models? JASMINE: Don’t lose your Faith! *How do you prepare for a modeling shoot? JASMINE: I talk to God and I look at Marylin Monroe to get inspired. *What makes a stylish lady or man? Is there a difference? JASMINE: That they can rock anything outfit and make it look good. *What distinguishes a good model from a bad one? JASMINE: Personality and how they carry their selves in photographs *What distinguishes a good photograph from a bad one? JASMINE: The way they shoot and they way they treat their model because you don’t won’t your model feeling uncomfortable. *How has modeling changed other aspects of your life? JASMINE: It just makes me want to be on set all the time. *What’s your favorite outfit from your own closet? Do you have your own personal style? JASMINE: My Express jeans and my high knee boots and any sweater that goes over my shoulder.

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*Describe the atmosphere when you’re on a shoot. Do you play music? Do you talk with the photographer between shots? JASMINE: I like to listen to music and I talk to my bestie and the Photographer in between shots.

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*Anything else you’d like to say? JASMINE: Yes you can follow me.... Twitter: Jasminmhaze Instagram: Jasminhaze Youtube: Jasmin Haze


*PLEASE MARK THE PICTURES YOU ARE SELECTING IN THE SPACE PROVIDED 3 FOR $7.99______ 5 FOR $9.99_______ 10 FOR $12.99_________

NAME_____________________________INMATE NUMBER______________________ INSTITUTION____________________________________________________________ ADDRESS_____________________________________________________________ CITY_____________________________STATE_____________ZIP_________________

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MAKE ALL PAYMENTS PAYABLE TO: NONSTOPCONNECTIONS 30799 PINETREE LN. #208 PEPPER PIKE, OHIO 44124

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BO DEAL, Boss of Chicago

Bo Deal’s skills are evident in his work; He prevailed as champion for five weeks on BET’s 106 & Park Free Style Friday. His single Murda has 1.5 million views and counting on you tube. Although Bo’s style is more hardcore rap, he does cater to his ladies as well. His single Outta Dem Clothes is gaining rapid popularity and proof of his versatility at attracting a diverse fan base. Bo’s current single Wow ft Waka Flocka, Twista, French Montana, Trae the Truth and PaperBoy is set to be released on MTV. Bo Deal has several mix tapes that can be downloaded for free from datpiff and livemixtapes websites. He is currently working on Welcome to Klanville mix tape which is set to be released in October 2012. Bo Deal was raised in a single family household, with a mother who worked very hard to provide her children with everything that they wanted and needed, but for Bo that wasn’t enough. So came the temptation of the streets and he formed his own clique. The streets of Chicago are intense and riddled with crime, as it is famously called Chi-raq. Bo being the soldier he is equipped him-

self for whatever the streets could bring his way, this landed him in jail at the tender age of fifteen. Bo had a few more runs with the law, but the birth of his children was the driving force that nudged him to turn his life around. Bo is very family orientated, he strives to be a better son, father and person every day. Bo Deal hosts an annual Back to School Picnic and Fun day, where he gives out backpacks filled with school supplies to children in his West-Side neighborhood. Bo is also involved with the Alpha House, it’s a program that teaches young men to make music, and this curriculum serves as an outlet and an alternative for these young men who have had problems with the law. He also helps to transition family, friends and colleagues who have been incarcerated by assisting in funds to buy clothes and necessities upon their release. Bo acts of kindness are endless, and he rarely speaks of them.

Bo Deal’s drive is impetus, he is a perfectionist at whatever he does. There is no doubt that Bo Deal is talented, and he works very hard, he is compelled to let his gift be known. While the music industry can change people for the worst, it’s obvious that Bo is very aware of the downfalls of the music business and he is determined to stay grounded. Bo Deal music is addictive, his beats will have you bobbing your head and his impeccable gift, to play on words will demand your immediate attention. He has a tight grip on this music industry and he is a force to be reckoned with. Bo Deal is already a household name in Chicago and expanding to several cities nationwide.

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BO DEAL, Boss of Chicago, as he is adorned. Bo Deal was born and raised on the West Side of Chicago and he still resides there. Bo Deal’s has a style of his own, from the sound of his music, you can tell he was born to do this. Bo appears like the typical rap mogul in his attire, but after a conversation with him, you will find there is more to him than his bad boy persona. Bo is a modest and kind individual, he encourages Unity amongst his fellow artists and Diaspora of people. Bo Deal started having problems with the law in his teenage years because of his prior lifestyle, while incarcerated he started to fuel his energy into more positive things like music. He uses his past experiences to teach young men to make better choices. Bo leads by example, he gives back to his community, helping the less fortunate and always willing to lend a helping hand to someone in need.

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Kira The Model

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KIRA Age; 25 Stats; 36-30-45 5’7 165lbs From; Long Island NY Contact info: BookingKiraM@gmail.com Twitter & Instagram @ Kira Da Model ModelMayhem.com/2361204 Www.Facebook.com/KiraDaModel


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DOMINIQUE

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To be in her early 20s she has an impressive résumé of accomplishments from serving in the Armed forces as a 25b where she earned her alias G.I.Jane to being featured in new and upcoming artists music videos from chi town to Atlanta and even NewYork. Granted she is one of the the most hardworking women in cincinnati her grind and ambition to succeed is something that you don’t see so often today. While she is very family oriented still her main focus is the rise of her career and the establishment of her as a future icon. Confident to say the least we found ms. Gi.jane to be very humble with a very playful sense of humor. While she stated she is not too be taken too serious the businesswoman mentality she displays proves that she is not to be taken lightly either. As captivating as her pictures may be her passionate professional drive was just as amusing. Motivated to be the best at everything she takes part in her talents are immeasurable beyond the typical. G.I.jane stated that “I am more than just eye candy I am a piece of art physical and mentally and what ever I’ve manifested without a doubt comes to be”. On a down to earth note which we found this young lady to most certainly be she claims that a lot of times people think I have it all together but I’m really just living, I refuse to merely exist and I know that I was bound to be something bigger than I could even image. I left college with little over a year to graduation to join the army some people said it was the biggest mistake of my life but it lead me to challenge myself to heights I never would of in a million years attempted. Ultimately after coming home I has a sense of courage that had me feeling like wow if I could do this I could do anything and thus the hustle to brand herself as a mogul began. #1. Dominique i speak for myself, and 30,000 subscribers in 46 states when i say THANK YOU gracing the pages of OOH-WEE MAGAZINE with your beauty. How old are you and where are you from?

Thanks for having me... I am 23 born and raised in Cincinnati,Ohio. #2. How did you get into modeling and how long have you been at it? I’ve always loved the camera since a young girl and my parents noticed that. One day my grandmother took me to a sort of pageant/ contest at a convention in Columbus at the age of 10 and an agency called John Casablanca fell in love with me and it all blossomed from there. I took a long break from it and honestly once I turned 21 I just got back into it. I hate being identified with the title model so I shyed away from it but I’m embracing it now ... #3. What is your educational background consist of? I’m sure you have a good head on your shoulders to further compliment your beauty. (no pun intended for all our readers who are horny right now) lol Well straight out of high school I did what most graduates did and went to college which I attended for about 3 years before entering into an ROTC program which sparked my interest in the military. I loved the benefits of traveling within the military so much that after my 3rd year in college I decided I wasn’t going back for a forth year and decided to enlist in the army instead. That’s where Ms.G.I.Jane was created.

#4. I also hear that you have some other bug things in the making, enlighten us as to your future endeavors and projects where we can see your beautiful face and talents? Well for starters besides modeling I do a lot of promo work for clubs whether its hosting fights, birthday parties, fashion shows,after parties, or pretty much any event you can image. I also do promo modeling for established and coming clothing lines. Right now some of my local favorites are Dope Girl Dreamz featured at one of my favorite boutiques Ms Beez Fly Closet , shredded memories, black owned, fly by nature, teddybear gang, Musa nation, just to name a few which are Cincinnati creations but far from locally based. #5. OK now you know tattoo’s are BIG among’st our readers and you have alot of ink all over. (i wont tell y’all which one is my personal favorite) What got you into that tats?

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DominiQue also know as G.I.Jane Comes from inner city urban area of cincinnati ohio born and raised. As country as her home town maybe she exudes an original and breathing freshness from the norm. At the least she is far beyond exotic with family ties to Port au Prince,Haiti . Most of her time is spent as a hostess,promo model, ink fanatic and bartender.

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I actually got my first tattoo when I was about 15 years old. Big mistake ! I was young and since I was underage I didn’t go to a real professional so you can image since i take my ink so seriously i couldnt wait to get it fixed. I’ve always been into body art whether it be tattoos or piercings ... Mind you I have several of both... Mostly in places hidden to the common eyes. I’m sure you catch my drift. #6. Which one took the longest and then tell us which 2 hurt the most and why? My back of course took the longest because its a large area. The two that hurt the most would probably be the ones on my ass lol and my stomach. Those are my favorites though. Not because of what they are since all my tattos seem to run together as an infinite maze but because of where they are placed .Something about good art on sexy body parts is a turn on for me. #7. What other magazines have you been published in? I have also been published in several ink magazines and a few men’s magazines both of which can be found in your mainstream urban magazine line up . I could tell you exactly which ones but I like to keep you tuned in. All I’m going to say is keep your eyes peeled for Ms. G.I.Jane !

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#8. Are you single and are you straight or bi? (y’all thought i would never ask)

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Single, yes . The second part to your question is kind of tricky. While I’ve never been with a woman I’m definitely not against it. I’m a very open woman and comfortable in my sexuality is an understatement. I have women who hit on me all the time and are more aggressive then men; this bothers a lot of women who are straight but it simply flatters me. I like the compliments whether they come from male or female. So I guess to answer your question yes I am straight. I love men all shapes, sizes, and nationalities. I tend to fall in love with the person typically before the physical. Emotional connection is key. I’m such a goof ball that I really just like someone who can humor me and keep me smiling. Ima laid back person I can’t stand uptight people. But like I said I’m an open individual so as far as the ladies I never said never. #9. Any children and if not do you want any? Right now I don’t have any children and honestly it just hasn’t been in the plan. I’m typical so caught up in work

or the next big thing in my life that babies just are on the back burner. I’m still young I got a lot of living to do. But of course I want to settle down and have a family and live the American dream like most people. I spend a lot of time with my younger brothers and trying to influence their upbringing so thats a handful right there. For right now I have a teacup chauiaua though. Her name is Dolce that’s my baby she’s as old as most of my friends kids actually and I’m cool with just that. #10. Love, loyalty or loot? Put them in order of importance from first to last. Loyalty is first with me because you need that first to attain the other two. Money of course makes the world go round so it’s more than necessary and love last because its so scarce these days that its almost insignificant. loyalty and loot are a must in today’s time if you find love that’s great it’s a plus and is an amazing indescribable feeling but having love and not the others most times is a miserable life no matter who it’s coming from or the abundance of it. #11. What people or person do you feel has had the biggest impact on you in life? My grandmother without a doubt has had the biggest influence on my life. If there was ever a woman I wanted to be like it would be her. She is such a good mother not just to her immediate children but to everyone. I don’t know anyone who would have a bad thing to say about her. She truly is my heart. #12. Where do you see yourself in 2018 and what professional and personal goals would you like to accomplish by then? Five years from now I see G.I.Jane taking the world by storm.Lol no but I see myself as a potential iconic, influencial, and even mogul like figure. I want to of course sustain a relevancancy in the entertainment industry but I also want to be that voice that also enlightened someone that didn’t think they could to keep pushing. A person who I’ve always admired for her professional and personal goals is Oprah Winfrey. She truly is a phenomenal woman and the humanitarian qualities in her are beyond impressive. #13. OK keep it real... extra sexy guy catches your eye somewhere in the mall while your out and about. He approaches, has a nice smile, works out and is in shape, smells super awesome, is dressed nice, and even works for a living!! would you give him a chance if he told you he just


came home from prison six months ago and is just getting himself back on his feet? if yes why, and if no why? After finding out what the crime was and facts about it if it wasn’t something too far off the wall or an act that made sense why yhe crime may have been commited,sure why not. Everyone messes up at some point and some people don’t mess up at all they just are in the wrong place at the wrong time. #14. Name 3 things that turn you off in a mans approach to get to know you? A guy that thrives solely on sexual connections a huge turn off. There has to be more to a man then what’s in his pants as this also goes for women. If that’s all the game you have to offer than I rather not play. Also a guy who is not a gentlemen. They say chivalry is dead but I like to believe its not. I like my doors opened and little things like cards and flowers. It seems compliments are obsolete,you rarely hear a guy tell a woman how beautiful or gorgeous she is but you sure will find plenty who will label her a bad bitch. Show me you can be a man use a grown mans vocabulary and have some manners.Does this mean you can’t tell your woman she’s sexy ? no , t just means don’t forget to compliment her on her intelligence and drive as well. Another major turn off for me would be lack of motivation or ambitions. I am a grind a holic. I thrive off of people who hunger success like me. i can’t be with a guy who wants to sit around and do nothing or expects that of me. Either we can be bosses together or I can be one by myself but I don’t allow room for dead weight in my life. #15. Whats your view on marriage in today’s world? Marriage. Does that still exist ? People still do that.No really ? Lol #16. Any shout outs outs you wanna give to anyone? Of course I want to s/o my family and friends no specifics because they are all important and key in my life. Thank you to everyone who believed in my dreams and helped to make G.I.Jane the brand that it has become and I know that it will only continue to get better.

Awwww. Don’t make me blush. Well first and foremost keep your head up fellas Ms. G.I.Jane has love for you. Photography Work: Terrance “Shanghi” Marshall Cincinnati, Ohio Tattoo Work: Red from Pushing INK Tattoo’s Cincinnati, Ohio Follow Dominique on Twitter @IAM GI JANE

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#17. Before we go, what would you like to say to all the homies reading this and foaming at the mouth over your pics who are incarcerated?

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YG

“MEET YOUNG GUIDANCE AKA MR PANGALANG” “KING OF CUYAHOGA COUNTY”!! In today’s world we live in whether we realize it or not, life is very competitive. Whether competing for grades as a child, sports as a youth, the pretty girl in biology class, or a job as an adult, life is very competitive. In order to be labeled a winner, one has to compete. In order to stay in the winner’s circle, one has to be consistent in their craft or whatever it is they do. That being said, Young Guidance is one of the most consistent cat’s I have meet in a very long time. No matter the hustle or the grind, he’s going to show up…and he’s going to produce! Str8 like dat!!

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Being that I have been around YG and can co-sign everything I say, I know the more humble down to earth side of him that is truly who he is. Always there when you need him, loyal and dedicated to those in his circle. If he is on your team, its until the motor stops and the wheels fall off! That type of loyalty and dedication is far and few. That same loyalty and dedication shows in his grind and self promotion as a hustla and an artist from city to city, state to state. The grind and love for his hometown can be seen plastered all over the city….YG stickers are everywhere! Literally! And so is his music.

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With the dropping of his latest cd “This Is Cleveland” (and in my opinion a must have for the audio system this summer), YG is sure to be someone we hear more of in the near future and months to come. Hailing from the cold streets of Cleveland Ohio, Young Guidance does a lot to stay true to his roots and never forget where he came from. Originally from East Cleveland, YG migrated to the southeast part of Cleveland and stamped his Pangalang brand there as well. So lets get with the homie and see what’s really going on wit’ em. So allow me to introduce ya’ll to YG aka Mr. Pangalang aka Mr. Louder Than Yours!!! #1. Why don’t you introduce yourself to our readers and tell them a bit about yourself and your music. and what the name “YG” stands for. What up world ? I’m Young Guidance , Ceo of Snowball Effect Entertainment . I was born & raised in East Cleveland, Oh. I consider myself more of a music executive than I do an artist. Just so happen , i have a way with words & a persona that makes it effortless for me to record timeless cladsics. I call my sound & style of music PANG A LANG MUZIK. The music has its own lingo & flow. #2. How long have you been doing ya’ thing lyrically?

I started doing music in the mid 90s. One of lil homies could freestyle, but couldn’t spell, so I would write out all his rhymes for him. That peaked my interest in the art of music as well. We would freestyle to 2pac , Bone , & Scarface beats. Fast forward to December of 1999 were I was put on house arrest as a juvenile for a case I caught for possession & trafficking of crack cocaine. While on house arrest I started my label. I would write rhymes & songs to help past the time. #3. Cleveland Ohio has a lot of raw hustle & talent all around. But as far as your eyes can see, what do you think makes Cleveland standout from any other city? The thing that I know about my city, is that we are industry tastemakers. Anyone who is someone usually has a strong following in Cleveland. Cleveland has strong history when it comes to music. The Rock & Roll Hall Of Fame is here. I travel to many of the major cities in the United States & I’m proud to represent EAST CLEVELAND / CLEVELAND, OHIO wherever I go. They say if you can make it here , you can make it anywhere. #4. I had the opportunity to checkout all your mixtapes and cd’s, however your latest project “THIS IS CLEVELAND” is truly a banger for the summer! Whether its in the club or in the trunk your cd should be in heavy rotation. anything that made you bite down so hard this go round? First off I wanna thank you for taking out the time to check out one of my latest projects. I consider right now to be MY TIME , MY TURN !!! I’ve did 4 videos since December 2012. ( Catchin Feelings , Baker Man , Dayz End , & Freaks/Telle ). 3 of these videos can be found on Worldstar. All of them are on Vimeo & YouTube. I felt it was time to let the city, country, & world know that Young Guidance was the next big thing coming out of our region as far as urban music. I do it for the fun , I don’t have to rap. Music is actually a passion of mine that I enjoy studying & practicing. I’ve invested mass amounts of time & money into my craft. I figure its time to recoup. #5. So what’s the next big thing you have in the making for us to look out for?


#6. I know already, but just for our readers, whats an average day like in the life of Mr. Pangalang? Make a lil money & spend a lot more lol. Besides music I have real estate properties & I’m big on family. Seems like my work is never done. I have 2 kids , a host of nieces , nephews , cousins, & etc. I’m definitely considered a provider for my entire family. I accept my duty & task of being a man. I embrace it & respectfully do what needs to be done. Strategizing & tactically executing what needs to be done so that I can first provide best I can for my family & secondly invest into my businesses & music. #7. Your stickers can been seen all over the city, and anywhere you travel in the USA. what started that marketing idea for you? I’m always looking for new & innovative ways to brand my music & movement. When I first had stickers made up , I just thought of all the color schemes & logos that I could use in order to become a visual stamp into people’s minds. A few years later I end up with 10s of 1000s of stickers all across Te country. #8. Ever been incarcerated? And if so for what? Old Belly Of The Beast. Yea I’ve had my run in with the laws. I jumped off the porch early , been on my grind since about 13. Like I said earlier , I got caught with 20 rocks at age 17. That was 1999 . I guess I ain’t learn my lesson. I was set up in 2005 by the S.E.A.L Team & end up pleasing guilty to a felony 3 & two felony 4s. I was sentenced to 1 year for the felony 3 & six months on the felony 4s. The time was ran concurrent. I asked the judge for a month to turn myself in. He gave me two weeks , I went on the run lol. I was on the run for 4 months, but got pulled over. I didn’t want to stop driving , & caught the police attention when I did a rolling stop at the intersection of Judson & 160th on Cleveland’s southeast side. I had a couple grams of crack on me again, I used my cousin name & social in hopes that they wouldn’t find the dope. So the cops were making jokes about how I ain’t look like the person on their screen but I don’t think they knew for sure that I wasn’t him. When we got to the station, I stuff the dope under the seat in the police car. They pulled me out & found the dope so I admitted who I really was & asked them to let me call my mom so that she knew they finally had me. I went back in front of Judge McGinty for my original case & he gave me another year for running which was now 2 years. I also had to wait to be indicted on my new case. I end up being charged with two more felony 4s Judge Eileen Gallager gave me 6 months on both those two & ran them concurrent wit the two years I already had. I end going to Lorain & being eligible for the IPP program . I went to NorthCoast got into the IPP program & got out after doing 11 months on a 24 months sentence. I was on Parole for the remaining 13 months. #9. Do you believe that the system in place today is designed to keep a felon down, or is that just an excuse lazy or non motivated cats use today? It can be both . If I did the crime & I’ve done the time , why do they hold it over my head ? I can legally have a firearm , certain jobs won’t hire me. That’s the part that I don’t agree with. Then when you try to get your record expunged , you have to not have more than 1 misdemeanor ... Im a street nigga , I called my Jewish lawyer & he was like “ Yea sorry , ain’t much we can do with your record “ . I can understand how people can get discouraged. At the end of the day , you have to do what you gotta do though. You just have to always be smart about what & how you go about doing things. #10. So for a dude who is incarcerated and waiting to get out to do his thing in the studio or in the street, whats the best advise you can give’em? Rome wasn’t built in a day. Life is a process , don’t be in a rush. I got out in 2006 & ain’t do my first official video til 2012. Yes I had the music recorded but at the time spending all that money on a video wasn’t my priority. As far as dudes going back to the streets , I wouldn’t advise it, but

I know how things can be. Like I said , just be smart about whatever move you gonna make. Things have totally changed in the streets. The longer your been away the more difficult it’s going to be to adjust to the new ways of the streets. #11. Where do you see yourself and your music @ in the next 5 years? Things are looking positive with the music. I have videos on Worldstar, Vimeo, YouTube, Hoodtube, & etc. I have my music for sale on ITunes , Amazon, & a couple other retailers. My music will be added to Pandora soon. I’m grewing my fan base at a rapid rate , so in 5 years many of my goals of today should be accomplished. SNOWBALL EFFECT ENT / PANG A LANG MUZIK MOVEMENT is on the rise !!! #12. Shoutout to all the lovely honey’s in your videos!! Wanna put some names on them faces for us? You know Guido gone keep them ladies Creami !!! Shout out to the homegirls Loddi Doddi , Velvet Dior , Mz Hood & Paper Gurl ( they were all in Catchin Feelings video ). As well as Monroe , Ferrari Blaze , & Lovey Jones ( who along with Loddi & Velvet were in my latest video Freaks/ Telle ). Majority of them dance at Tops & Bottoms Gentlemen’s Club in downtown Cleveland if y’all ever in town & wanna check them out. #13. Back to the streets...its a cold world and a dirty game to say the least. Whats your view on the RATS out here in the way of a real nigga? It’s a lot of fuck Niggaz & bitches out here. I don’t respect or accept a rat. The fuck are you telling for ? Old I wish I had a badge ass bum. Craziest shit though is how people be respecting these cowards & acting like they heroes or something. SMH #14. Any homie’s over the fence, behind the wall you wanna give a shout out too? Rest in peace to all my lost loved ones. I got a football team full of people locked up. Umma shout out a quick few that come to mind ... FREE ARIES , TONY , GREG & the rest of my friends & FAM on lock behind the wall. To all the real , hold ya head , they can’t hold you forever. Even if you got life , they can only lock your body , they can’t trap your mind. #15. We appreciate you sharing your time and thoughts with us, and look forward to hearing from you in the near future! SNOWBALL EFFECT ENT / PANG A LANG MUZIK is street music. The whole sound & style is gritty & Grimey. I’m talking about getting money & fucking wit the honeys. Support the movement by purchasing music iTunes.com/youngguidance Follow me on IG , Twitter , & Skype @youngguidance Check out my videos : Vimeo.com/youngguidance YouTube.com/youngguidance Keep updated with info : Reverbnation.com/youngguidance #TeamGuidance #Creami #PangALang

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I have a Mixtape call ABDICATED THRONES coming out its hosted by DJ A ONE ( Kandi Burress, Rasheeda, & Lil Scrappy official DJ). Also I’ll be filming my 5th official video which will be for MONEY DANCE / FMECN. My music has just been accepted & approved to be on Pandora. August 2013 you’ll be able to hear my music be streamed on Pandora.

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