US Appeal Brief of USWGO news Brian D. Hill shows arguments of Actual Innocence and Government Defrauding the Court

by Laurie Azgard

Update: The brief was filed in the U.S. court of appeals but was scanned in black-and-white instead of color. It still proves that it was filed.

Emailed to me from Brian’s family, Brian D. Hill who was formerly of USWGO alternative news had filed his brief for his 2255 motion with many different issues as to why the U.S. district court in Winston-Salem, North Carolina had “erred and/or abused discretion” in dismissing Brian’s habeas corpus petition [2255 motion].

Scan of Certified Mail Receipt
Appeal brief for 2255 appeal (main) (52)

Here are some screenshots from that document, which the one emailed to me is text searchable.

This appears to be a professional-looking brief despite it being filed pro-se. It is asking the U.S. court of appeals for the fourth circuit, in Richmond, VA, to extend or modify existing law to hold that the district court abused its discretion in ignoring the frauds upon the court that were committed by Anand Prakash Ramaswamy [our favorite corrupt assistant US attorney from Greensboro, NC], ignoring all evidence of actual innocence, and dismissed the entire habeas corpus action while there were two pending appeals which barred the action from being dismissed by pending appeals. Even argued that the judge was already biased and prejudice against the party of Brian D. Hill and that the judge should have recused himself from taking any further action in the 2255 case.

The corrupt US district court judge was none other than Thomas D. Schroeder at the Winston-Salem federal courthouse in North Carolina.

Brian basically accused this judge of being a judicial activist engaging in a judicial coup d’état. A judicial dictatorship.

Copied from brief: “When a District Court consistently instructs a criminal defendant that he/she has the right to direct appeal of a final decision in a case, but the decision appealed can later be cut off by dismissing the entire case before the appeals were entirely exhausted, it blocks the Appeals Court from possibly entering a decision that is adversarial to the District Court’s original decision. It is essentially a judicial coup d’état.“

Also copied from the brief that is to be filed in the court of appeals: “The District Court plainly usurped the power of the Court of Appeals by dismissing the entire 2255 case. It interferes with the potential of the appeal to amend the 2255 motion being possibly granted, and if granted the appeal would be useless since the District Court had already dismissed the entire case. The District Court clearly had unlawfully usurped power by the order to dismiss the 2255 case.” Brian also called Judge Schroeder a DICTATOR (U.S. military take note of this!) “He is taking jurisdiction of appealed issues out of the Courts of Appeals and into his own hands like a dictator. So the decision to dismiss the entire 2255 case lacks jurisdiction and is an unlawful usurpation of power.”

Cases cited in this appeal brief:
Liteky v. United States, 510 U.S. 540, 543 (1994)
Fero v. Kerby, 39 F.3d 1462, 1478 (10th Cir. 1994)
United States v. Balistrieri, 779 F.2d 1191, 1202 (7th Cir. 1985).
Goldblum v. Klem, 510 F.3d 204, 214-15 (3d Cir. 2007)
Schriro v. Landrigan, _ U.S. , 127 S.Ct. 1933, 1939, 167 L.Ed.2d 836 (2007) Wolfe v. Johnson, 565 F.3d 140, 144 (4th Cir. 2009) Schlup v. Delo, 513 U.S. 298, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995) Juniper v. Zook, 876 F.3d 551, 556 (4th Cir. 2017) Barbe v. McBride, 521 F.3d 443, 452 (4th Cir. 2008) Conaway v. Polk, 453 F.3d 567, 582 (4th Cir. 2006) Bousley v. United States, 523 U.S. 614, 622 (1998) United States v. Fugit, 703 F.3d 248, 253-54 (4th Cir. 2012) Smith v. Murray, 477 U.S. 527, 537 (1986)) Wainwright v. Sykes, 433 U.S. 72, 87 (1977) Murray v. Carrier, 477 U.S. 478, 485 (1986) Bousley v. United States, 523 U.S. 614, 622 (1998) Ross v. United States, 1:17CV443, at *10 (M.D.N.C. Oct. 22, 2019) United States v. McCoy, 895 F.3d 358, 364 (4th Cir.), cert. denied, _ U.S. , 139 S. Ct. 494 (2018) . 16
FRITTS v. KRUGH. SUPREME COURT OF MICHIGAN, 10/13/58, 92 N.W.2d 604, 354 Mich. 97
Kenner v. C.I.R., 387 F.2d 689, 691 (7th Cir. 1968)
Herring v. United States, 424 F.3d 384, 386-87 (3d Cir. 2005)
United States v. Boch Oldsmobile, Inc., 909 F.2d 657, 661 (1st Cir. 1990)
Orner v. Shalala, 30 F.3d 1307, 1310 (10th Cir. 1994)
V.T.A., Inc. v. Airco, Inc., 597 F.2d 220, 224 n. 9 and accompanying text (10th Cir. 1979)
Venable v. Haislip, 721 F.2d 297, 299-300 (10th Cir. 1983)
V.T.A., Inc., 523 U.S. 614, 622 (1998)
Venable, 721 F.2d at 300
United States v. Williams, 790 F.3d 1059, 1071 (10th Cir. 2015)
Hazel–Atlas, 322 U.S. at 246, 64 S.Ct. 997.
United States v. Estate of Stonehill, 660 F.3d 415, 444 (9th Cir.2011)
Chambers, 501 U.S. at 44, 111 S.Ct. 2123
United States v. Williams, 790 F.3d 1059, 1071 (10th Cir. 2015)
United States v. McVeigh, 9 Fed.Appx. 980, 983 (10th Cir.2001)
Fierro v. Johnson, 197 F.3d 147, 153 (5th Cir.1999)
Joyce v. United States, 474 F.2d 215, 219 (3d Cir. 1973)
Rosemound Sand Gravel Co. v. Lambert Sand, 469 F.2d 416, 418 (5th Cir. 1972)
McNutt v. General Motors Acceptance Corp., 1936, 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135
Welsh v. American Surety Co., 5 Cir. 1951, 186 F.2d 16; 5 C. Wright A. Miller, supra § 1363 at 653.
Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.
Rescue Army v. Municipal Court, 28 Cal.2d 460, 475 (Cal. 1946)
Antilla v. Justice’s Court, 209 Cal. 621 [ 290 P. 43]
Merritt v. Hunter, C.A. Kansas 170 F2d 739
Long v. Shorebank Development Corporation, 182 F.3d 548, 561 (7th Cir. 1999)
People ex rel. Brzica v. Village of Lake Barrington, 644 N.E.2d 66, 69-70 (Ill.App.Ct. 1994)
Orrway Motor Serv., Inc. v. Illinois Commerce Comm’n, 353 N.E.2d 253, 256 (Ill.App.Ct. 1976)
Kavanagh v. Hamilton, 125 P. 512, 515 (Colo. 1912))
Rook v. Rook, 233 Va. 92, (Va. 1987)
In re the Adoption of E.L, 315 Ill. App. 3d 137, 138 (Ill. App. Ct. 2000)
Miller v. Balfour, 303 Ill. App.3d 209, 215, 707 N.E.2d 759 (1999)
In re the Adoption of E.L, 315 Ill. App. 3d 137, 154 (Ill. App. Ct. 2000)
Massie v. Minor, 307 Ill. App.3d 115, 119, 716 N.E.2d 857 (1999); M.B., 235 Ill. App.3d at 377-78
Falcon v. Faulkner, 209 Ill. App.3d 1, 13, 567 N.E.2d 686 (1991); Noble, 192 Ill. App.3d 501, 509, 548 N.E.2d 518 (1989)
M.B., 235 Ill. App.3d at 377-78; Falcon, 209 Ill. App.3d at 13; Noble, 192 Ill. App.3d at 509
Irving v. Rodriquez, 27 Ill. App. 2d 75, 79 (Ill. App. Ct. 1960)
Ward v. Sampson, 395 Ill. 353, 70 N.E.2d 324; I.L.P. Judgments, Sections 174 and 175.
Escue v. Nichols, 335 Ill. App. 244, 81 N.E.2d 652
Rompza v. Lucas, 337 Ill. App. 106, 85 N.E.2d 467
Brooks v. United States, 2007 WL 2688228, at *2 (E.D. Va. Sept. 5, 2007)
United States v. Frady, 456 U.S. 152, 162, 165 (1982)
United States v. Mikalajunas, 186 40 F.3d 490, 492-93 (4th Cir. 1999)
U.S. v. Mikalajunas, 186 F.3d 490, 493 (4th Cir. 1999)
House v. Bell, 547 U.S. 518, 536-37 (2006)
House v. Bell, 547 U.S. 518, 126 S. Ct. 2064, 165 L. Ed. 2d 1
Schlup v. Delo, 513 U.S. 298, 115 S. Ct. 851, 130 L. Ed. 2d 808
McQuiggin v. Perkins, 569 U.S. 383, (2013)
Murray v. Carrier, 477 U.S. 478, 488 (1986)
United States v. Jones, 758 F.3d 579, 581 (4th Cir. 2014)
McQuiggin v. Perkins, ––– U.S. ––––, 133 S.Ct. 1924, 1928, 185 L.Ed.2d 1019 (2013)
U.S. v. Barrett, 178 F.3d 34, 48 (1st Cir. 1999)
Bousley v. United States, 118 S.Ct. 1604 (1998)
Goldman v. Winn, 565 F. Supp. 2d 200, 203 (D. Mass. 2008)
Goldman v. Winn, 565 F. Supp. 2d 200, 203 (D. Mass. 2008)
United States v. Powell, 266 Fed. App’x. 263 (4th Cir. Feb. 21, 2008)
Calderon v. Thompson, 523 U. S. 538 (1998)
United States v. Balistrieri, 779 F.2d 1191, 1202 (7th Cir. 1985)
DiSalvo v. United States, 475 U.S. 1095, 106 S.Ct. 1490, 89 L.Ed.2d 892 (1986)

Thank You https://marygsykes.com/2018/02/03/from-jp-more-case-law-on-fraud-on-the-court-and-void-judgments-and-how-to-attack-them/ for giving Brian’s family and friends good case law.