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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117438
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have several questions,and due to space will not be able

Customer Question

I have several questions,and due to space will not be able to go into great detail,If you are intimidated by the atf,please do not respond,i understand.I spent a year in fed prison,on gun charges beginning at a local gunshow,this was private sales,at a rented table.which i shared with outher people that viewed this as a social event.I put the tables mostly in my name,since i was usually first there,Without going into detail ,I was tricked into selling a 5x convicted felon(wired) several wepons over a period of several months.When a search warrant was served at my house,I was refused an atty, and told that all would be ok, if i cooperated,earlier at the shows the agents vouched for the honesty of the felon,At our last meeting,i finally realized the man was a felon,and sold him no more wepons(on Tape)that is when they moved against me,The key word in my case was knowingly.they would not pay for a polygraph,or take one themselves,I paid for my own, and passed it easily.The affiant,,agent presented false info to a grand juy,and we went to trial,Although everything else was on tape, the interrogations were not,and i had said none of the things alleged,I am elderly with cancer,heart problems, although off probation i do not wish to leave this world a felon,this case went on for a long time,although my funds are limited,If i sue in some way,I want any proceeds to go to charity,this is not about money with me,I realize this could become a high profile case,but despite my drs warning, I want justice,it seems that the agents remark to the felon while wiring him up"go get him, make me proud sealed my fate,from the beginning,I am willing to go to any lenghts to prove my innocense.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is not that we are "afraid of the ATF" but if this conviction took place that long ago and if you did not file an appeal to seek to get it overturned, then it is too late now to go back and fight to get this case vacated unless you have developed brand new evidence that was not reasonably available at the time of your trial. Without such brand new evidence you cannot move to vacate the conviction trying to argue the procedure that took place back during the trial or the old facts of the case.
What you can do is file to get a Presidential Pardon (which I understand are not as difficult to obtain lately, easier than in many years past) and you would do so by contacting the US Department of Justice Office of Pardon Attorney and filing a form,
Other than brand new evidence or a pardon, I am afraid if you did not pursue an appeal on your case back when the conviction occurred, there is no other way to vacate the conviction.