In a set of documents filed with the New York Southern District Court on June 11, 2019 (and also re-filed today), the defendant claims that he is focusing in his motion pursuant to 28 U.S.C. § 2255 (his own”habeas petition”), to vacate, set aside or correct his sentence, because: his sentence was imposed in violation of this Constitution or laws of the United States; or so the court was without jurisdiction to impose such sentence; or even the sentence was in excess of the maximum authorized by law; or even the sentence is otherwise subject to collateral attack.
Permit ’s recall that, in March this year, a panel at the Second Circuit U.S. Court of Appeals issued a Purchase effectively nixing Ulbricht’s petition for rehearing.
Ross William Ulbricht, also called Dread Pirate Roberts, the mastermind of Silk Road, the infamous marketplace that utilized Bitcoins for its transactions, is once more hoping to challenge his sentence.
In the latest set of documents filed with the Court, Ulbricht requests leave from the court, and consent, to discover the contents of three secured magistrate files. As stated by the defendant, those records that should, according to statute, contain signs which corroborates or contradicts the statements made under oath by law enforcement within their investigation warrant software if they sought, and got, search warrants authorizing the seizure and investigation of Mr. Ulbricht’s laptop computer, and authorizing the search of his dwelling.
Ulbricht asks an order allowing him to receive and utilize, as appropriate in their own § 2255 proceeding, the material of three secured magistrate files. He requests whatever further relief the court finds just and equitable.
Ulbricht was sentenced on May 28, 2015, to serve two concurrent life sentences, plus 40 years. He’s now serving his sentence in the United States Penitentiary at Tucson, Arizona.
Ulbricht states that those documents may also reveal whether the FBI’s data sets efforts exceeded the authorization provided by the pen-trap orders.
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