Cirinos Formal Letter in Support of Request for Full 12 Months

7/28/2019 Cirinos Formal Letter in Support of Request for Full 12 Months

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6/14/2013TO: UNIT TEAM

UNIT MANAGER: MS. FELTSCASE MANAGER: MR. MAYNARDWARDEN: MR. PEARCE

SUBJECT: FORMAL LETTER IN SUPPORT OF REQUEST FOR FULL (12 MONTHS)RRC PLACEMENT OF CIRINO GONZALEZ, 76342-179

It is with the knowledge that the BOP staff have a decision-making practice in theirdetermination of whether an inmate is appropriate for the Second Chance Act, that I, CirinoGonzalez, am writing this formal letter in support that not only am I eligible but it is appropriatethat I receive the full statutory 12 months allowed.

Staff is to individually assess inmates using the following five factors from the 18 U.S.C. 3621 (b):

(1) The resources of the facility contemplated. As of this writing, I have not been made

aware of where this facility will be (state wise). After the staff received this formalrequest, Mr. Maynard informed me Southern District of Texas accepted probationoffice change. The following 2 paragraphs are informational only and are left in todemonstrate issues at hand in the delay of this filing. I accept probation in Texas.

On the morning of 6/8/2013, I sent an inmate to staff message on my Unit Team,requesting that my prior request to attempt the transfer of the probation office becancelled and that my Unit Team move forward with my Second Chance Act review,as I am only a couple of months away from what could be my (statutory 12 month)RRC release date; plus my Case Manager Mr. Maynard, had initially advised me thathe thought the transfer would not happen.

On 6/10/2013, the above email was answered w ith the single word noted(attached). Regardless, it is not within my control, the status of the resources of thefacility contemplated.

However, being that it is passed the 19-17 month window for the Second ChanceAct review, per BOP policy, I can and do now (again) ask for this to be done formally as to be able to remedy any issues that may arise to prevent my successfulreintegration into society.

(2) The nature and circumstances of the offense. I received two partial convictions anda mistrial: the government declined to neither bring a second trial nor retry my caseon the mistrial issues. The two convictions were: conspiracy to commit offensesagainst the U.S. and accessory after the fact.


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The government charged that I would forcefull y resist U.S Marshals efforts to arrestElaine and Ed Brown for Federal Income Tax charges; and that I provided Elaine (70years of age) and Ed Brown (68 years of age at that time) comfort and moral support.

My mere presence at their home, the government claims, is the basis of the first

charge; however, the government admits at the time of my arrest, I had left NewHampshire for at least 2 months and was working on peace/antiwar efforts.

While I was present, I would grocery shop for them and participate in local/townprotests/gatherings and assisted with international press interviews on their property

these actions form the basis of the second charge.

Please refer to my Pre-Sentence Investigation Report to confirm the followinginformation: Addendum to the Pre-Sentence Report/United States District Court forthe District of New Hampshire/United States v. Cirino Gonzalez, Docket No. 07-CR-189-03-GZS/Page #2, Paragraph #7: On September 12 2008, defense counsel filed theattached written correspondence which contained several comments to the Pre-Sentence Report. These comments have been included in paragraphs #16, #17, #24,#29, #35, #36 and are considered RESOLVED.

Pre-Sentence Report/Page #7/Paragraph #16: (At end) In Correspondence datedSeptember 12, 2008, defense counsel noted, Mr. Gonzalez never threatened theU.S. Marshals or law enforcement individuals, never threatened the use of forceagainst the U.S. Marshals or law enforcement individuals, never engaged in anyconduct that could be remotely construed as doing so, It is beyond dispute that nofederal, state or local law enforcement individual was ever directly threatened in anyway by Mr. Gonzalez.

To reiterate my point and the govern ments investigations conclusion andagreement, as stated as being resolved, that It is beyond dispute that no federal,state, or local law enforcement individual was ever directly threatened in any way byMr. Gonzalez.

Again, I was not ever convicted of any weapons in any fashion or form and was gondfor over two months when the government figures the dangerous phase took placeand I had already publicly renounced my involvement with Elaine and Ed Brown

situation prior to said phase.

(3) The history and characteristics of the prisoner. To keep this section brief aspossible, I will highlight only the most interesting and pertinent parts of my life.

At the age of 15, I earned my GED and began college (major: lawenforcement/minor: psychology). At the age of 17, I enlisted into the U.S. Navy;


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serving over 8 years with no disciplinary issues. I served during Desert Storm, Kosovo,Afghanistan and the work up to the invasion of Iraq (2002). I was part of anemergency rescue mission of a merchant marine captain at sea; which involved a

joint effort between the Air Force, Navy and the Coast Guard.

I received scores and scores of awards from nearly every level of command for myperformance across the board. The two highest from two Admirals, one U.S. Navyand the second a French Admiral in charge of NATO Forces (1999, my ship, USSPeterson DD-969, was a flagship for NATO), in the form of Letters of Commendationfor my personal actions and duties (not the crew awards, for separate reasons anddifferent years).

This does not mean to say that the numerous ribbons and medals I earned are of lesser value.

I left the military as a Gunners Mate 2 nd Class Petty Officer (Senior), with an RE-1code for re-enlistment (the highest and most desirable code), due to my belief thatthe wars in Afghanistan and Iraq were illegal.

My last employment was working for the Department of Defense as a subcontractoras a weapons expert; working directly for the U.S. Army in Iraq (2006), where Iearned a coin and other numerous awards.

Prior to and after my employment with the Dept. of Defense, I was highly involvedwith the peace efforts and antiwar protest, gatherings and lobbying in WashingtonD.C. ; mostly working security for the protest organizations.

It was these actions and beliefs along with my unemployment that lead to myinvolvement in my charges.

While incarcerated, I sought to be a model inmate and convict. The few write-ups Ihave received while in prison were largely outside of my own control, but I bore thepunishments as humble as I could.

Though every day since my arrest, I lived with fear in my heart, I always felt that Inever allowed prison to change me (for the worst) during my nearly 6 years of being

inside the razor wire. However, my opinion of that was corrected once I arrived atF.C.I. Bastrop, a low -security prison, from my pr ior medium-high security prisons of nearly 5 years. I embarrassingly admit that I have in fact been institutionalized.

Prior to here, the fear I always felt was purely for my safety, both from staff (documented threats from) and other inmates (because of the staff and also becauseinmates beliefs that my crimes are not real crimes, so I am not to be fully trustedas a convict could be).


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Since here that fear is diminished though mostly still present in the back of mymind. But the confusion of how to behave here is a source of an ever constantfeeling more discombobulated; thus making halfway housing benefits ideal andapparent for adjustments.

As a prisoner in the BOP system, I have established a clear (and long) record of programming during my incarceration; showing that early pre-release placement inan RRC will be as productive and successful as it is designed to be for ideal candidatessuch as myself.

Never have I refused to program, nor have I failed to engage in activities that holdhope for preparing me for re-entry. Neither will you find any serious nor chronicmisconduct write-ups against me.

I have kept a positive attitude even in the face of certain Unit Managers (at the FCIEl Reno) telling me all my efforts at programming will not help me ant that I wouldend up doing my full term of imprisonment, unless something were to happen to mefirst.

Not only have I recognized the advantages of these opportunities present for apositive reintegration into the community, I willingly worked and/or volunteered toteach these courses to other inmates at prior prisons; no easy task at Medium-Highprisons.

Based on that history alone, my Unit Team can place a secure bet of a RRC in that Iwill respond positively to the highly structured regimen of an RRC in order to utilizethe opportunities it offers.

The history of my program participation speaks for itself, but to highlight just a fewof the programs shown to reduce recidivism, such as cognitive/behavioral treatmentprograms described in the Psychology Treatment Programs are: Stress Management,Moral Recognition Therapy, and active Parenting of Teens.

As far as academic and vocational training, I completed a commercial DriversLicense course. Adult C.P.R. Certification, V.T. Electrical course, and for a yeartaught G.E.D. students as well as volunteered to tutor the staffs students that

needed help being brought up to speed in their respective classes. I am currently in acourse on Geometry, as well as in a course for computers and another course forkeyboarding a necessary skill in today s job market.

(4) Any Statement by the Court that imposed the sentence:(a) Concerning the purpose for which the sentence to imprisonment was determined to be

warranted.


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The statement given by the Judge centered on giving me a sentence that would teachme to respect the law. Admittedly, this confused me as I had just read the Bill Of Rightsto the Judge, explaining my view of how I believed my actions were protected by theConstitution of the United States of America.

Up until just two months ago, I fought my case, mostly on my own, but with theassistance of my wife, family and friends. The reason for my stopping was entirelyfinancial. I have wasted all my money filing and covering the overhead and costs inappealing my case.

My family and friends gave until it hurt and since have stopped their financial help inmy case filings as the economy continues to break down around them out there. I donot have any property or savings.

When I am released, I will have many years of back child support to pay, no place tolive back home in Texas, nor even a friend known in New Hampshire, a wife with severeepilepsy (disabled and not able to work) who lives with her mother, whom is feared topass away soon, (which I never had the pleasure of even meeting).

In coming to terms with my situation, I sought some form of closure for myconvictions. While reading a book titled Wisdom Philosophy to Neuroscience byStephan S . Hall, I came across a quote which states: No man on Earth whoconscientiously opposes either you or any other organized democracy and flatlyprevents a great many wrongs and illegalities from taking place in the state to which hebelongs, can possibly escape with his life. The true champion of Justice, if he intends tosurvive even for a short time, must necessarily confine himself to the private life andleave politics alone. Socrates, at his own trial.

In case you never knew it, he was sentenced to death for trying to teach the youngergeneration how to apply knowledge and understanding to their lives.

A revelation was apparent to me once I read that quote. Although, I did not knowexactly what it was right away; but something struck my core and it did resonate withmy search for closure.

The Judge wanted to insure that once I left prison, I would respect the law. I am

leaning towards the idea now, that I had confused the ideals of law and justice twiceover. The first mistake was applying the laymans idea of what the law stood for asbeing a person that has never seen the law in action (court).

The second mistake was the belief that the law represented justice somehow. Notsure how or when this idealization took place, but I figured it happened when I was veryyoung because I believed that was what I heard while learning about the law in my


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college law enforcement courses. It is a classic case of not seeing things as they are, butseeing things as you are.

I grew up believing that justice as the idea of being fair, ought to rule the world such as you keep what you earn. Or tooth for a tooth, unless the one is forgiven. I

know better now. I understand now, that justice does not equate to the law.

The world is not a fair place. The law has nothing to do with justice. Those whomattempt to bring justice or fairness to the world to protect their own or their childrensfuture will at some point violate a law and those that do must be punished per the law.

A person who believes that they are doing the right thing, because of such amisunderstanding is doomed to repeat it again. I can now see why the governmentviewed me and my actions as such a serious threat. Had I not been punished so harshlythe first time, I would be inclined to believe that I was still right, which would have leadme to do something similar again.

To respect the law, is to understand that the law is the power to destroy and in somecases the power to kill. The law killed Socrates, a man once described as the wisest manin the world, not only in his time but even in our time as well.

I am not a wise man as he was, but I can learn from his and my own mistakes. The lawcares not who you are, for it is only a weapon. As a weapons expert, I recognize aweapon when I see it in action and all weapons must be respected.

My sense of justic e still means whats right and fair, but how I see the law is nowherenear that. Yet, deep down inside I feel I was right in helping that old married couple.Especially when there are Congressional Committee Hearings which Steve Miller, aformer Director of the Internal Revenue Service (I.R.S.), admitted at said hearing lastmonth, that the taxes collected by the I.R.S are NOT MANDATORY but VOLUNTARY;when questioned at the House Ways and Means Committee hearing, Miller told HouseRepresentative Devin Nu nes that Americas tax system is voluntary. When Nunesinquired for clarification, that the U.S. tax code is a voluntary system, Miller said,Agreed.

Therein lays the crux of the matter involving not only my case, but the issue at

question in Elaine and Ed Browns original charges also. So please forgive me if I docontinue to feel that I was in the right in helping the little old couple in their stance toprotect what they worked for all their lives.

But none of that matters. The law is the law, as they say, and a jury said I crossed thelaw and convicted me. I must respect the law; I fear the law. The Judges goal hasbeen met and the law has destroyed my life, has harmed my family and friends as well.


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I respect its power now. The law has killed the greatest of men such as Socrates andthe name Jesus Christ just came to mind. I respect the law. I fear it, I am Nobody.

(5) Any pertinent policy statement issued by the U.S. Sentencing Commission. I havereviewed these sections/rules and was not able to find anything that would apply

that could hinder the view of the BOP to cause a rejection of neither my eligibility normy appropriateness for the Second Chance Act.

The revised guidance for residential reentry center placements then addresses thecandidates community support systems. An issue recognized by all fields of study of recidivism to be the one and most important factor in the success/failure ratio of ex-convicts. I requested a probation office transfer from New Hampshire to Alice, Texasfor the purpose of being closer to my four children and the rest of my immediatefamily. Since trying in early December of 2012, my ex-wife has decided and is activelyleaving our hometown; tired of waiting for my help to come.

My father is in the process of moving out in order to rent his place out due to lack of funds. My brother has married and no longer lives in town. My mother has remarriedafter my arrest and has financial concerns of her own. My friends have all butdisappeared d ue to the governments threats.

Even if I had been allowed to transfer my probation office to my hometown of Alice,Texas, I would still end up without any form of community support neither anyhousing for myself; let alone for my wife as well as for my stepchild with her.

In New Hampshire, I have no family whatsoever, as I only went there to help a l ittleelderly couple, whom were complete strangers to me. Again the community supportand housing situation would be the same there as well.

Of course, housing cannot be found lying around for free, and I will have to earn aliving. My college education is in law enforcement, my military training in weaponsand security. My 13 years of experience, awards, and medals count for nothing now,in a field where I will get arrested for just being around a single bullet.

Then, of course, theres the issue that I am a convicted felon to begin with. But mycase is different too, worst yet than the average ex con, as I am very well known in

the free world, and around the world.

Typing my name into the internet will bring page after page of mycase/trial/sentence/before and after stories. The fact that my case was centered onfederal income taxes will not go unnoticed, - and with the news headlines that theWhite House ordered the I.R.S. to target not only those whom publicly questionedthe legality of the federal income tax, but to target family, friends and evenemployers, and their families too, makes employment all the more difficult.


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Then the most concerning factor, is the fact the State of Texas will garnish half of my

paycheck for child support. Then the halfway house will take their cut of 20%-25%next. Should the Unit Team/Unit Manager, Ms. Felts, grant me the full 12 months of hal fway house, my pay at best would equal roughly to of a years pay.

I feel it is crucial to my successful return to society, based on known housing,savings, and employment issues that a full 12 months be granted to me. My pastwork history in the BOP will show that I would take full advantage of the opportunityto succeed. Plus, that amount of time would allow me to build trusting relationshipsagain in the community.

I can honestly say, I trust no one due to my incarceration; no one in prison and noone out there due to the BOPs interference over the years with my families andfriends mail, my legal mail and phone as well as email access.

For years, the BOP has kept me well over 500 miles from my friends and family inMedium High prisons when I had Camp points. Then without reason nor schedule,nor at my request, dropped me into a Low Security prison when I should have beenreviewed for my Second Chance Act RRC placement, per BOP Policy. The guiderecommends higher security inmates present higher risk for recidivism and thoseinmates stand to benefit most from RRC services.

I fall into this higher risk category as well, but please note that BOPs form BP338states no violence in my history or case.

In conclusion, I would greatly benefit from the most time possible in an RRC in orderto secure viable employment and make an overall promising transition back intosociety.

Therefore, based on all of the above, I respectfully request that I receive 12 monthsof RRC placement.

Special Note: Mid 2013, Blake R. Davis, released a Guidance for Home Confinementand RRC Placements which states at various points:

This will help deter mine whether or not receiving reentry services might mitigatethose public safety concerns in the long run. For example some higher risk inmatesmay initially appear to be inappropriate for referral to an RRC. However, when youthoroughly weigh the potential for increased risk of recidivism of a street release,verses release through an RRC, it may in fact be in the best interest of public safety torefer an inmate to the RRC.


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A placement less than 90 days is typically not considered sufficient to add ressmultiple reentry needs. In many cases, a placement of several months up to themaximum of one year may be needed to accomplish an inmates reentry goals.

For example, an inmate with no recent employment, no GED, and poor family ties

would benefit more from a one year placement.

The number of placement days should be driven primarily by the inmates needsand risk level Community placements should be driven by the results of anindividual assessment. RRC placement and length of placement decisions cannot bereduced solely to a classification score or any other type of objective categorization.

Staff must continue to exercise their professional judgment when makingindividual inmate RRC placement decisions and be prepared to justify thosedecisions.

I believe I have laid the perfect foundation to justify my receiving a 12 month RRCplacement in this letter and it is bolstered by the Assistant Directors own guidanceand examples. I thank you for your time in this matter.

Respectfully submitted

_______________________Gonzalez, Cirino76342-179

Documents

Cirinos Formal Letter in Support of Request for Full 12 Months