Category: Uncategorized

Note: this is the testimony of the passenger who leaped the
fence. He admits that he was selling marijuana to [X name
withheld by editor] while under surveillance by undercover cops.

After doing so, we left and were headed to [D’s name withheld by
editor] house. He lives off Honey Bee Bend. On the way over
to [D’s] house, the three of us were smoking a blunt, marijuana.
We had smoked a couple of blunts. We were on Quicksilver and S.
Pleasant Valley when I noticed a car behind us. I had not been
paying attention and did not realize that it was a police officer
behind us. I then saw an undercover car drive onto Quick Silver
and then backed up and got in front of the Suburban that we were
in. I told [E name withheld by editor] and Daniel that I was
leaving. By that I meant that I was going to take off.

[E] was driving, I was in the front passenger seat, and Daniel Rocha
was in the back seat sitting in the center. I immediately opened
the door and ran out. I started to jump the fence when I heard
the officer call me by my name and say "Stop Ricky". I remember
looking back and seeing Daniel’s face looking at me….

Signed June 30, 2005

Dear Friends:

This message is sent to family members and friends
to provide an update on the medical status of my husband,
Ramsey Muniz. In a previous message I stated that he had
shown improvement, but since that time he has again become
ill. His abdomen area has filled with bile. He has
infection which is accompanied by fever. Tomorrow
morning (Monday, September 19) Ramsey will undergo surgery
which will give doctors a new opportunity to fix the
source of his illness. We welcome everyone’s prayers,
and ask God that Ramsey be granted a long awaited recovery.

Thursday, September 8: Ramsey undergoes an ERCP procedure for
the 3rd time. The doctor removes two stents previously inserted, and
replaces them with a larger one. He expresses confidence that this will
solve the problem. When I visit with Ramsey, he is heavily sedated.
Friday, September 9: For the first time Ramsey has eaten an entire cup of cream of wheat. Under the circumstances, this is
tremendous progress. His face alone reflects improved health.

Saturday, September 10: Early in the morning Ramsey has
problems breathing and he is given oxygen. In the morning he is taken
to walk because of the long amount of time that he has spent in bed. I
visit with him later and he is very weak. He hardly speaks. Because he
has remained in a lying position for so long, he has developed a very
painful bed sore.

Sunday, September 11: Ramsey’s abdomen is again filled with
fluid. He forces himself to walk , in an effort to rid himself of the
fluid. His liver enzymes are down, which is positive.

Monday, September 12: Ramsey is taken for another paracentesis
procedure to drain around the stomach area. They remove about
2 1/2 liters of what appears to be bile. They attempt to do
hemodialysis, but his catheter is clogged, so dialysis is postponed,
and they instead repair the catheter.

Tuesday, September 13: Ramsey is given hemodialysis again, as
his kidneys need to improve. It seems that the antibiotics are
effective, as his white blood cell count is lowering.

The physician has ordered a consultation with a surgeon to
determine if surgery will help.

Wednesday, September 14: Ramsey begins to eat solid food,
though he remains very ill. His stomach has again filled with bile, but
the amount seems less. The doctor does not want to resort to surgery,
and instead wants to wait to see if the fluid can be fought through the
body’s normal functions. He feels that the stent is just taking longer
to be effective.

Thursday, September 15: I called the nurse’s station at 5:45
AM for an update on Ramsey’s status. He has not been feeling well and
his stomach is bloated but he is sitting up in a chair, in an attempt
to fight the illness through mobility. His body is extremely tired.


Friday, September 16: I visit with Ramsey and he remains
very weak. I do everything possible to impart faith, spirituality,
hope, and strength. He has been told that surgery has been scheduled on
Monday morning or during the noon hour.

Saturday, September 17: Ramsey remains very weak.

Sunday, September 18: Ramsey remains very weak. We welcome
prayers from family members and friends, and ask God that Ramsey be
granted a long awaited recovery.

Our sincerest gratitude goes to all who have expressed
compassion, love, and concern, and more importantly to
those who have said prayers on behalf of my husband.

Irma Muniz

Received via email Sept. 18

Enclosed is a memorandum sent to Ramsey Muniz
regarding his legal case. Know that we are
very encouraged about this information, and
remain optimistic. Please distribute.
==Irma L. Muniz, via Sixth Sun Mailing List

July 28, 2005

According to the court, under the sentencing
guidelines, the offensive level applicable to your
case was 37, category VI. With this in mind, the court
found that the punishment in your case was mandatory
life imprisonment. Under the guidelines (see sentencing
transcript at p. 29) it appears that this finding is
incorrect. Level 37 with 9 criminal history points is
not category 6. It is category 4. (See sentencing table).
Thus, under category 4, the punishment required by the
guidelines is not life. It is 292-365 months [24-30 years]. The court
did it wrong. While this error appears to be harmless, under the
section 841 enhancement (with 2 prior convictions), the
contrary is the true. The record does not show that the
government followed the proper section 851 procedure.
To apply the section 841 enhancement, the government must
file a section 851 "notice" before trial (selection of
the jury). Here, the court’s docket does not show such
filing. The only "notice" concerning section 851 was
given at sentencing hearing concerning the enhancement.
(See sentencing transcript, at page 3). If this is
true, the government followed the wrong procedure and
there is law to support this fact. Your sentence of
life is void because by not filing the section 851
notice (before the jury selection), the government did
not give proper jurisdiction to the court. It has no
jurisdiction over the enhanced penalty of section 841.

With the available record, it is possible to assume
that this conclusion is correct. Nevertheless, we must
be 100 percent sure that this fact is accurate. Send
this letter, the sentencing transcripts, and the court’s
docket to Jesse Gamez for corroboration.

We have a jurisdictional argument for any court, at
any time, because a jurisdictional issue is never waived
or restringed by the AedpA’s 1 year time limitation.

www.freeramsey.com For background on Ramsey Muniz, see TCRR special report: Narco Politics vs. Civil Rights.

Compared to January, our web traffic for September at the Texas
Civil Rights Review will see a fourfold increase in page hits as
counted by our statistics module. Meanwhile, the web rating service
Alexa shows us dropping by 2 million places over the past three months
in terms of traffic share. I’m not sure how to reconcile the two
numbers, but I do want to thank you for making TCRR one of your web
stops.

Don’t worry, we’re not chasing a mass market here. At TCRR you will
continue to find news and opinions not covered elsewhere. And if we
have the choice of expressing opinions that will drive traffic away
rather than keeping our mouth shut, we’ll post the difficult truth.

Take a look at the William Bennett commentary, for example. Based on
readership, it’s one of the more unpopular things we’ve written here in
a while. But some things need to be said. Bennett’s little thought
experiment was a contradiction distilled from the soul of whiteness,
where genocide can be thought to reduce a crime rate, because the
population that disappears is assumed to have no right to existence in
the first place.

The Bush White House calls Bennett’s comments inappropriate, but why?
Because the Bush White House cherishes the life chances of the African
American population? Or because it is inappropriate to show one’s cards
in these high stakes games? See there, we’re doing it again already…. –gm