Sunday, January 18, 2009

Dr. Brown objects to "Report and Recommendation"

(For clarity, please read this posting twelfth.)
Postings list is to the right on this page.
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
(ATHENS DIVISION)
.
BRADFORD G. BROWN ................)
Petitioner, .......................................) Civil Case No. 3:05-cv-38
vs. ....................................................) Rule 60(b) Motion
..........................................................) Criminal Case 3:02-cr-14
UNITED STATES OF AMERICA, )
Respondent. ...................................) District Judge Clay D. Land
________________________)
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OBJECTION TO REPORT AND RECOMMENDATION
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COMES NOW Petitioner, and files this objection to this REPORT
AND RECOMMENDATION ("Recommendation"), attached as
Exhibit A. In support, Petitioner respectfully states:

MOTION form, Item 12 contains CAUTION
(must contain all grounds).
1.
Item 12 of the MOTION Form for MOTION UNDER 28 USC § 2255
TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON
IN FEDERAL CUSTODY (Exhibit B) states:
.
12. State concisely every ground on which you claim that you are
being held in violation of the constitution, laws, or treaties of the
United States. Sumarize briefly the facts supporting each ground.
If necessary, you may attach pages stating grounds and facts
supporting same.
.
CAUTION if you fail to set forth all grounds in this motion, you
may be barred from presenting additional grounds at a later date.

MOTION form, Item 12 contains no ground assertion: 1994 tax
due = 0.
2.
In Item 12, there are four grounds for relief presented: 12A, 12B,
12C, and 12D. The ground, "The true tax liability for 1994 was
zero. Therefore, Petitioner could not have been guilty of tax
evasion for tax year 1994, pursuant to United States v.
Edwards, 777 F.2d 644, 650 (11th Cir. 1985)." is not amongst
said grounds. Notwithstanding Petitioner's attorney (Mark
Yurachek) attached the proposition (1994 tax due = 0) to his Brief
in Support of Defendant's Motion To Vacate, Set Aside, or Correct
Sentence pursuant to 28 USC § 2255, neither Magistrate Judge
Faircloth (in his REPORT AND RECOMMENDATION, Doc 85)
nor Judge Lawson(in his ORDER, Doc. 95) was under any
obligation to address said proposition (as none did address same).
.
Ground (1994 tax due = 0) rendered sentence inappropriate.
3.
The conviction sentence imprisonment, fine, and restitution were
determined by the amount of the associated tax loss for all
considered tax years. The associated 1994 conviction year tax
loss was $232,764.00, out of a total of $1,561,400.00. Therefore,
the tax loss was overstated by $232,764.00, rendering the
sentence imprisonment, fine, and restitution inappropriate
(inappropriate tax loss basis).
.
Ground (1994 tax due = 0) required hearing.
.
4.
.
Statute, Title 28 USC § 2255 states, as follows:
Unless the motion and files and records of the case conclusively
show that the prisoner is entitled to no relief, the court shall
cause notice thereof to be served upon the United States attorney,
grant prompt hearing thereon, determine the issues and make
findings of fact and conclusions of law with respect thereto. Since
the associated conviction tax loss was overstated by more than
two hundred thirty thousand dollars, the files and records of the
case can not conclusively show that prisoner is entitled to no relief.
Edwards.
.
HEARING would have shown1995 tax due = 0. Doc. 168.
.
5.
.
If Petitioner had been granted a hearing, he would have been able
to show, using information provided to his by the Department of
Justice, Tax Division Freedom of Information Act ("FOIA") unit,
that he had zero tax liability for both conviction years (1994, 1995),
as he did demonstrate in Doc. 168.
.
HEARING would have shown IRS owed Petitioner for
unacknowledged levy extractions for 1993 forward
(implying fraud). Doc. 201.
.
6.
.
Petitioner requested from FOIA all IRS levy extraction records
for all money that IRS had extracted from insurance company
accounts that was destined to Petitioner for medical services
that Petitioner had rendered to company members for 1993
forward. On April 2, 2008, FOIA provided sixteen (16) pages
of levy extraction records (never before disclosed by IRS).
The per page medical payments yield was $7,140.06. FOIA
informed Petitioner that he must pay $1,176.00 to get the
remaining records (Petitioner paid the fee on April 24, 2008).
This information was in the hands of Petitioner's prosecutors
at the time of trial, implying a fraudulent scheme by said
prosecutors to convict Petitioner. See Petitioner's reply to
to Government's answer, Doc. 201. Note, Recommendation
does not address Doc. 201.
.
HEARING would have shown Petitioner was wrongfully convicted,
involving a fraud scheme by prosecutors at the level of more than
10 million dollars . Doc. 201.
.
7.
.
On July 22, 2008, FOIA informed Petitioner that 1,488 pages of levy
records had been located, and that said records were being sent to
IRS for verification. If the 1,488 per page yield is equal to that for
The 16 pages, the levy money extraction would be $10,624,409.28
(i.e., more than ten million dollars). At this time, the IRS is refusing
to provide the 1,488 pages to Petitioner, prompting him to file
motion to compel disclosure, Doc. 199. Therefore at the time of
Petitioner's tax evasion conviction, he had zero tax liability for all
conviction years, and the IRS owed Petitioner more than ten million
dollars. Hence, Petitioner was wrongfully convicted. See Doc. 201.
.
HEARING would have shown Petitioner was wrongfully
reimprisoned. Doc. 201.
.
8.
.
For all the reasons cited in the above paragraph, Petitioner's
reimprisonment on June 7, 2007 (Doc. 123) was wrongful. See
Doc 201.
.
HEARING would have shown Petitioner was wrongfully
reimprisoned for a second time. Doc. 201.
.
9.
.
For all the reasons cited in the above paragraph, Petitioner's
second reimprisonment on April 14, 2008 (Doc. 182) was
wrongful. See Doc 201.
.
WHEREFORE we have shown the most egregious misconduct
and fraud to fabricate evidence (millions of dollars), involving
Petitioner's attorney as well as prosecuting attorneys to convict
Petitioner, and Petitioner therefore respectfully requests:
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a. that Recommendation be denied in favor of Petitioner's Motion
for Relief Under Rule 60(b);
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b. grant Petitioner's Motion to Compel Disclosure, Doc. 199;
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c. grant Petitioner's Motion for Injunctive Relief, to end his second
(current) wrongful reimprisonment, Doc. 198;
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d. such other relief this Honorable Court deems just and proper.
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Respectfully submitted on January 15, 2009 by,
.
/s/ Bradford G. Brown, M.D.
_________________________________
Bradford G. Brown, M.D., ID#: 91022-020
Maxwell Air Force Base Federal Prison Camp
Montgomery B
Montgomery, AL 36112
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.
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CERTIFICATE OF SERVICE
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This is to certify that the undersigned has this day served
interested parties with a copy of the within and forgoing
OBJECTION TO REPORT AND RECOMMENDATION by
depositing a copy of same in the United States Mail with
postage properly affixed thereon, addressed to interested
parties as follows:

The Honorable Michael B. Mukasey............ Dean S. Daskal
United States Attorney General................... Assistant U. S. Atty.
Department of Justice ...................................Post Office Box 2568
950 Pennsylvania Avenue N.W. ..................Columbus, GA 31902
Washington, D.C. 20530-0001 ....................(706) 649-7700 Ph.
...........................................................................(706) 649-7667 Fax
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The Honorable Glenn A. Fine....................... Patrick J. Leahy
Office of The Inspector General ...................Chair, Cmte. Judiciary
Department of Justice ...................................433 Russell Ofc. Bldg
950 Pennsylvania Ave. N.W., Ste. 4706 .....United States Senate
Washington, D.C. 20530-0001..................... Washington, D.C.
........................................................................... zip code 20510-0001
.
Frank Maxwell Wood ....................................H. Marshall Jarrett
U. S. Attotney for the ....................................Counsel OPR
Middle District of Georgia ............................U. S. D. O J.
Post Office Box 1702 ....................................950 Penn. Ave NW
......................................................................... Suite 3266
Macon, GA 31202-1702 ..............................Washington, D.C.
......................................................................... zip code 20530
.........................................................................Attn.: Shamelle Lyles
.........................................................................Program Analyst
.
on the 15th day of January, 2009
.
/s/ Bradford G. Brown, M.D..
_______________________________________
Bradford G. Brown, pro se, I# 91022-020
Maxwell Air Force Base, FPC
1001 Willow Street
Montgomery, AL 36112

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