Whether Petitioner is innocent of the charges resulting from a complete miscarriage of justice

QUESTIONS PRESENTED Petitioner Williams, a 26-year veteran Police Officer, was Sentenced to 120 months imprisonment on April 20, 2007 as a result of a jury trial. Williams was convicted of all six counts outlined in the indictment: Count 1. Receipt and Possession of one or more ; unregistered firearms and destructive devices, in violation of 26 U.S.C. §§ 5841, 5861(d) and 5871; Count 2. Receipt and Possession of unlawfully transferred firearms, in violation of 26 U.S.C. §§ 5812, 5861(b), & 5871; Count 3. Possession of a Firearm not registered to Williams, in violation of 26 U.S.C. §§ 5841, 5861(d) & 5871; Count 4. Possession of a Firearm not registered to Williams, in violation of 26 U.S.C. §§ 5841, 5861(d) & 5871; Count 5. Possession of one or more Firearms which were not identified by serial number, in violation of 26 U.S.C. §§5842, 5861(i) & 5871; Count 6. Aiding and Abetting, in violation of 18 US.C. §§ 2, 842), and 844(b), & 27 C.F.R. §55.201 et seq. THE QUESTIONS PRESENTED ARE: 1. Whether Petitioner is innocent of the charges resulting from a complete miscarriage of justice based upon the facts herein and is therefore qualified for . relief on Writ of Coram Nobis. i a. Noise Flash Diversionary Devices (NFDD) are neither Destructive Devices nor Firearms — Affirmative defense to prosecution. b. No legal avenue exists to transfer NFDD to individual police officers. : c. Government did not prove the mens rea requirement under the statue. d. Ineffective assistance of Counsel. 2. Whether Petitioner documented sound reasons for not seeking a subsequent 28 U.S.C. § 2255(h) motion in accordance with United States v. Esogbue, 357 F.3d 532, 535 (5th Cir. 2004). iii LIST OF PROCEEDINGS BELOW United States Court of Appeals for the Fifth Circuit No. 18-20800 United States of America, Plaintiff-Appellee, v. Eugene H. Williams, Jr., Decision Date: August 29, 2019 United States District Court for the Southern District of Texas U.S.D.C. No. 4:17-cev-1912 Underlying cases Civil Action No. H-4-17-1912 . Criminal Action No. H-06-237-2 . Eugene H. Williams, Jr., Petitioner, v. United States of America, Respondent Date of Order Denying Petition for Writ of Coram Nobis: November 16, 2018 ; Date of Order Denying Certificate of Appealability: : February 9, 2011 United States District Court for the District of Arizona No. CV 14-2285-TUC-RMGR) Eugene H. Williams, Petitioner, v. Susan McClintock, et al., Respondents. Date of Order Denying Writ of Habeas Corpus: . June 24, 2015 iv ;