Kent Hovind's Criminal Case Action

[Paths of the Sea]

Kent Hovind Criminal Case Action
Kent asks: "Pretty Please"?

Emergency Application (excerpts)

UNITED STATES COURT OF APPEALS
ELEVENTH CIRCUIT

Case No: 13-14015

APPLICATION FOR LEAVE TO FILE
A SECOND OR SUCCESSIVE MOTION TO VACATE,
SET ASIDE OR CORRECT SENTENCE

28 U.S.C. Section 2255

BY A PRISONER IN FEDERAL CUSTODY

Name: Kent E. Hovind
Prisoner Number: 06452-017

APPLICATION

1.

US District Court For The Northern
District of Florida

Case number 3:06-cr-83/MCR

2.

Date of judgment or conviction: 1/26/2007

5.

Grounds raised:

Indictment failed to sufficiently allege required legal elements,
ineffective assistance of counsel, government failed to provide
evidence showing a tax due and owing.

Indictment failed to allege all required factual elements of the crime.

Defendant's due process rights were violated.

Defendant's 1st Amendment rights violated due to access to courts
violation when BOP kept his legal files.

Government misconduct.

Brady violation.

9.

If you did NOT appeal from the adverse action on any motion,
explain briefly why you did not:

Did not understand the process of how to appeal the denial of
a 2255 Motion at that time.

10.

State CONCISELY every ground on which you NOW claim that
you are being held unlawfulling. Summarize BRIEFLY the FACTS
supporting each ground.

Petitioner's sentence improperly enhanced in light of Alleyne v. United States.

The Court enhanced the petitioner's sentence using a preponderance
of evidence standard which was allowed under Harris, but which
Alleyne has now overruled and said such facts used to enhance a
sentence must be submitted to the jury and found beyond a reasonable
doubt.

Wherefore, applicant prays that the United States Court of Appeals
for the Eleventh Circuit grant an Order Authorizing the District Court
to Consider Applicant's Second or Successive Motion to Vacate under
28 U.S.C. Section 2255.

Kent Hovind
Executed on 8/27/2013

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