We learned that the 9th Circuit Court of Appeals denied Lumumba’s appeal in a decision filed in
January. Basically they declined to decide the argument regarding the difference between sedition
(his crime according to the plea bargain) and treason (the more serious crime for which he was
sentenced) because there was no affidavit in the record to show that Lumumba would not have pled
guilty to sedition had he understood he would be sentenced for treason.
The failure to obtain the affidavit by the attorneys who filed the original 2255 appeal means that
Lumumba’s current attorney, Shaun McCrea of Eugene, is considerably handicapped in her ability to
show prejudice to her client. McCrea’s choices now are to take this to the next level (albeit with
the same flaws), which is the Supreme Court, or to ask the District Court to consider "
ineffective assistance of counsel" concerning the representation by the previous attorneys.
We thank all of you for your support –– your prayers, calls, emails and for coming down to the
courthouse on December 4. We will keep you abreast of developments. Meanwhile, please know that
Lumumba is fine. At USP Victorville, he continues to pray, study and to teach yoga five days a week.