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u.s. DEPARTMENT OF JUSTICE United States Parole Commission
90 K Street, N.E., 3rd Floor Washington, D.C. 20530 Telephone: Facsimile: (202)346-7000 (202)357-1038

June 23,2011

Marilyn Buck Reg. No. 00482-285 c/o Cliff Kincaid

Re:

Your Disclosure Request FOIA Tracking Number: FY11-00352

Dear Mr. Kincaid: This is in response to your request of January 26, 2011 received on June 23, 2011 for copies of documents from Ms. Buck's parole file. The terms of your request cover any and all documents relating to portions of a memorandum from Deirdre Jackson, a copy of which is attached with the relevant sections highlighted. The Commission is disclosing all of the documents you requested which are in Ms. Buck's file as of the date of this response. Some further information, notably, regarding the phone calls, was not within this collection. Because the Parole Commission is exempt from the access provisions of the Privacy Act, this disclosure is made under the Freedom of Information Act (FOIA). Any copies of documents provided in previous FOIA responses are not included in this response.

If you are dissatisfied with my action on this request, you have thirty (30) days from the date of this letter to appeal this decision to the Chairman of the U.S. Parole Commission. An appeal to the Chairman must be made in writing and addressed to the Office of the Chairman, U.S. Parole Commission, 90 K Street, N.E., 3rd Floor, Washington, D.C. 20530. Sincerely, Nicholas A. Ickovic Student Intern
~~

Enclosures - 27 pages

Memorandum

Subject

Date

Buck, Marilyn Reg. No. 00482-285
To

July 9, 2010

Commissioner U.S. Parole Commission

eir e son Case Services Administrator U.S. Parole Commission

Summary: The subject is considered a domestic terrorist that participated in violent crimes while a part of several "radical"/anit-goverrnent organizations including the Eldridge Cleaver faction of the Black Panther Party, The Family black revolutionary movement, Revolutionary Fighting Group, Armed Resistance Unit and Red Guerilla Resistance. During the 1970's and 1980s these groups committed armored truck robberies, bank robberies and bombings throughout the US. On 11/7/1983 she was involved in the bombing of the US Capitol. At the time of the incident she was on escape from federal custody. She has been in continuous custody since 5/10/1985. Ms. Buck first appeared before the USPC on 9/8/2003. The subject accepted responsibility for past expressed a dramatic change from her previous political philosophy. On 10/2/2003 the USPC ordered a 15 year reconsideration hearing to take place in September 2018. On appeal the decision was modified to Presumptive Parole 2/8/2011 after the service of 360 months. Following her most recent hearing (6/5/2008), the USPC advanced her PP date to 8/8/2010 based on superior program achievement. She was scheduled for a statutory interim hearing in June 2010 but the hearing did not take place. On 7/7/2010 this case was referred to me after several phone calls were received from community supporters urging the USPC to release the subject immediately due to her declining health. The institution has provided verification that the subject is suffering from "Sarcoma" and that she has a life expectancy of less than 3 months. The Case Manager also verified that her release plan with Ms. Jill Elijah (originally approved in September 2009) was still viable. Ms. Elijah has expressed a willingness to travel from New York to Texas to accompany Ms. Buck and a doctor during her travel. The institution is very supportive of the USPC advancing the subject's release date and has requested a new release date of 7/15/2010 to allow for all necessary travel and logistical arrangements to be made. Based on the above, I recommend the USPC advance Ms. Buck's parole effective date by 24 days and parole effective 7/15/2010. Special conditions were not previously ordered and no special conditions are being recommended at this time. NOTE: This is an OJ case and will need referral to all commissioners.

Reasons: Pursuant to 28 CFR §2.28 Recommendation: July 15,2010. Reopen and adyance~ effective date of August 8, 2010. Parole effective

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HEARING SUMMARY Name: Buck, Marilyn Hearing Parameters Hearing Format.. Hearing Type Hearing Date Examiner Institution Sentence Parameters Sentence Type MRfStatutory Release Full Term Date Months in Custody Fines/Restitution/Assessment Detainer : : Federal : 10/20/2034 : 1/3112061 : as of : None : None : Video Conferencing : Statutory Interim : June 13,2006 : Casey Skvorc : Dublin FCr Reg No: 00482-285

Additional text regarding the above parameters: None

Prior Action & Institutional Factors Prior Action: Please see Prehearing Assessment dated May 25, 2006.

Codefendants:

Please see Prehearing Assessment for list of codefendants and status.

Representative & Representative's Statement: Chaplin Hans Hoch provided testimony that he has worked with the subject for the 9 years that he has been at FCr Dublin. He testified she has been consistent in her activity and positive participation, and that she has exhibited a high level of integration and self-understanding. He testified that she has been involved in with interface prisoners of conscious, and has made substantive changes in her own outlook on life specifically, her regrets regarding her past behavior and her commitment to change. Testimony was also received from Case Manager Strong, who has supervised the subject for 2 years. Ms. Strong testified that the subject has good character, that she is productive, busy and is extensively involved in Religious Services. She also said that she tries to help other people regularly she is impressed with her. Testimony was also received from Ms. Jill Elijah a Harvard University Law Clinic Attorney. She referenced many letters of support on behalf of Ms. Buck. She also testified that the subject is sincere Buck, Marilyn, Reg. No. 00482-285 Page 1 of3

and reformed in terms of her prior violent actions. She asked for Superior Program Achievement consideration for the subject. Prisoner's Statement: The prisoner testified that she acknowledges that she was "on off track" on her previous views of violence. She understands now that the end can never justify the means. She has sorrow and remorse for her actions. She asked the question "What was I part of'. She said that her remorse was not just conceptual, that she has had a change of heart. She testified that at 58 years old she hopes to return to the community while she still has a chance to make a contribution there. She stated that she had ajob offer from a professor at the University of California at Santa Barbara as a Research Assistant and that she has an offer to reside with the family in Goleta, CA. Discipline: None

Program Achievement: The subject receives outstanding work evaluations for her placement in the Orderly Department for her Unit. She also has completed numerous Counseling and Religious participation activities. Release Plans: The subject has a job offer from a professor at the University of California Santa Barbara as a Research Assistant, and she plans to live with a family in the Goleta, CA area. Guideline Parameters, Evaluation & Recommendation Evaluation: The subject was involved in a set of very serious crimes, amounting to domestic terrorist activity. She escaped from custody during an earlier federal confinement. Although it is clear she has engaged substantive participation in Religious and Educational activities, and her work evaluations are commendable. The nature of her crime is such that it would deprecate the lost of life she participated in, if she were released earlier than the scheduled presumptive parole date established by the most recent NOA on appeal. Recommendation: Conditions: N/A. June, 2008. No Change in previous decision of presumptive parole on 2/8/2011.

Statutory Interim Hearing:

Guideline Use: A departure from the guidelines at this consideration is not warranted. Additional Text: None. I certify that I have reviewed this hearing summary.

Casey Skvorc, Hearing Examiner

CXSIPAH
June 16,2006

Buck, Marilyn, Reg. No. 00482-285

Page 2 of3

Executive Reviewer's

Comments:

Buck, Marilyn, Reg. No. 00482-285

Page 3 of3

~-:.

ORIGINAL JURISDICTION APPEAL SUMMARY Name Reg No Date of Birth Sentence Sentence Began MR Date Full Term Date Offense :Buck, Marilyn :00482-285 :12-13-47 :80 years :10-18- 73 :05-22-28 :01-31-61 :RICO conspiracy, armed bank robbery, Months at Release Months at Appeal.. Jail Time Credit.. Inoperable Days Two-Thirds Date Offense Severity Guideline Range Salient Factor Score : 15 year recon.(9/18) :277 :210 days :2873 days :01-31-31 :Cat. 8 :170+ :5

Parole Eligibility Date:01-31-91

false representation in acquisition of ammunition, escape, transportation of weapons in interstate commerce by a convicted felon and fugitive, conspiracy and malicious damage to U. S. property by fire and explosives Appeal Received ..: 1122/2004

Last Commission Action: Continue to IS-year Reconsideration Hearing in September 2018.

Recommended Action: Presumptive parole February 8, 2011, after service of360 months. Recommended Reasons: Your claim that the Bureau of Prisons improperly changed your sentence computation to increase your twothirds date is not properly before the u.S. Parole Commission. The Bureau of Prisons is responsible for preparing your sentence computation. If you dispute your sentence computation, you should address the problem with the Records Office which will determine the validity of your claim and notify the USPC of any modification to your BP-5. The Commission is bound by the Bureau's sentence computation, including its computation of your two-thirds date. The Commission's order that you serve to a reconsideration hearing in September, 2018 is independent of the Bureau's computation of your two-thirds date; the Commission arrived at September, 2018 by adding 15 years to the month of your initial hearing, in September, 2003. The similarity to your two-thirds date is coincidental. Had you applied for parole earlier, your 15 year reconsideration date would have been earlier. Your claim that you did not apply for parole earlier because litigation involving the sentence computation of your codefendant Mutulu Shakur made you think you were not yet eligible for parole is rejected. You do not appear to have been a party to that litigation, so your "law of the case" argument is meritless. Your own sentence computation shows a parole eligibility date in 1991, and you have not presented any evidence that your parole eligibility date was ever a different date. Therefore, you have not demonstrated to the Board that there was any bar to you applying for parole earlier than you actually applied. The Commission's regulations provide

that a fifteen year reconsideration hearing is computed from the date of the hearing, and your fifteen year reconsideration hearing was properly computed 15 years from your hearing in September, 2003. There is no merit to your claim that a decision outside the guidelines is not supported by the reasons or facts as stated on the Notice of Action. Your guideline range is open-ended, and the decision is therefore a decision within, not above, the guideline range. See Madonna v. U.S. Parole Commission, 900 F.2d 24,26 (3d Cir. 1990). In response to your claim that the decision was based on erroneous information, the evidence you have presented does not persuade the Commission that the information it has relied upon is inaccurate. The finding that you engaged in behavior which led to the deaths of multiple victims was based on information in your PSI that during the time of your involvement in "the Family", several individuals were killed during robberies. While you did not directly kill anyone, you are vicariously liable for the activities of your co-conspirators which were in furtherance of the conspiracy and reasonably foreseeable to you. In addition, you demonstrated your willingness (and acceptance of the willingness of other members of the conspiracy) to shoot innocent persons when you were at the scene of the Nyack, New York armored truck robbery in possession of a firearm (with which you accidentally shot yourself in the leg). At your hearing, you accepted responsibility for the deaths which resulted during your involvement with "the Family" (and expressed your remorse). The finding that you were involved in bombing of the U.S. Capitol was based on information in the PSI and your admission at your hearing. In response to your claim that the Commission did not follow correct procedures in deciding your case because it did not disclose all information to be considered, the record indicates the contrary. You reviewed your institutional file prior to the hearing, and that file presumably contained your presentence investigation report, as is usual. The question regarding whether you supplied guns to Raymond Boudreaux and Henry Jones was derived from information in your PSI in #84-CR-220 (at page 6) indicating that guns you had purchased were later recovered from these individuals. The hearing examiner was attempting to determine whether you directly provided guns to these individuals, which could have influenced the offense severity rating of your original offense. This question was based on the PSI, which the examiner believed you had access to in reviewing your institutional file. With regard to the examiner's question about the "young lady" in New York, while the examiner did not state her name, he did respond affirmatively when you asked ifhe meant Kathy Boudin, and then listened fully to your answer to the question. There does not appear to the Board to have been any prejudice resulting from his initial disinclination to identify what ''young lady" he was asking about. Your hearing tape has been reviewed because of your challenge to the fairness of your hearing, and the Board finds that you did receive a fair hearing. The hearing summary is the document actually reviewed by reviewers and decisionmakers (not the tape), and the hearing summary fairly and accurately presents the information developed at the hearing, including favorable information such as your expressions of remorse and your institutional and educational accomplishments. The Commission has considered your request for a more lenient decision. Your institutional adjustment has been commendable, as has been your work to educate yourself. It appears from the record that you have sincerely renounced your former political ideology to the extent that it advocated violent and criminal conduct in pursuit of political aims. The Board finds that it is unlikely that you would pose a risk to the public if released on parole. However, the statutory criteria for parole release permit the Commission to parole an individual if it finds that release would not jeopardize the public welfare (a criterion you meet), and that release would not depreciate the seriousness of the offense(s) or promote disrespect for the law. .

Notes: Subject became associated with the Black Panther Party (Eldridge Cleaver Faction, which advocated violent means) beginning in 1968. She traveled to Arizona, Oregon and Texas purchasing firearms and ammunition, for use by Party members, with false documentation. Subject's original convictions were in 1973 from the Northern District of California and the District of Arizona, 10 years aggregate for making false statements in acquiring firearms and ammunition. She had purchased ammunition in California using an alias; when FBI agents arrested her, they found supplies to manufacture false identification papers. In Arizona, she had purchased six firearms, of which three were later recovered in two different states in the possession of men involved in violent crimes. Subj ect began serving this term on 10-1873. The Commission (then "Board of Parole") conducted an initial hearing, setting her case off for an institutional review hearing in January, 1977. (Offense severity ''high'', salient factor score 10, guidelines 16-20 months). The Board exceeded the guidelines because offense involved multiple separate offenses, and because is was part of a large scale, organized, ongoing criminal enterprise, and there was unusual sophistication the planning of the offense. After a review hearing in1976, the case was continued for review in September, 1978. On 6-29-77, subject failed to return to the institution after a furlough and was placed on escape status. She remained on escape for 7 years, 10 months until 5-10-85. During her time in escape status, subject became involved with "the Family", a violent black revolutionary movement founded in late 1976. The group was responsible for a series of crimes including a prison break-out (breaking Joanne Chesimard out of a New Jersey state prison), several armored truck robberies, and bank robberies. Four people-two armored car guards and two police officers-were killed during these crimes. Coconspirators include Mutulu Shakur, Silvia Baraldini, Susan Rosenberg. According to the PSI, subject was involved with the Family from at least 1979 until 1981. During the Brinks robbery in 1981, subject accidentally shot herself in the leg, and apparently went "underground" sometime thereafter. Subject later associated herself with a group calling itself variously the Revolutionary Fighting Group, the Armed ResistanceUnit and the Red Guerilla Resistance. According to the PSI, "this group was known to plan and carry out acts of violence, which they called' armed propaganda,' including the bombing of various government and private buildings and property." On November 7, 1983, at about 11:00 p.m., a bomb exploded in the U.S. Capitol building; no one was injured; property damage was $250,000. Prior to and after the Capitol bombing, other bombings in the District of Columbia and New York occurred, at the National War College at Fort McNair, the Computer Center at the Washington Navy Yard, and the Officers' Club at the Navy Yard. In New York, the Federal Building on Staten Island was bombed on January 28, 1983, the Israeli Aircraft Industries Building on April 5, 1984 and the Patrolman's Benevolent Association on February 23, 1985. The government believes that all of these bombings were perpetrated by Laura Whitehorn, Linda Evans and subject along with other members of their group (including Timothy Blunk and Susan Rosenberg). In sum, subject's criminal conduct was extremely serious in nature. With regard to institutional adjustment, subject has behaved well in custody; she has no institutional infractions (aside from her escape in 1977). In addition, she has consistently received outstanding work performance evaluations for her work in the institution (various positions). She has taken numerous educational courses, earning a bachelor of arts degree in custody and working on a masters degree in fine arts. She is a published and noted poet. It appears that subject has used her time in prison to reflect, has renounced her previous political philosophy, and is sincerely remorseful for the harm resulting from her behavior.

Subject has served almost 23 years in custody, and will have serve almost 38 years, and be 70 years old, at the time of her 15 year reconsideration hearing. I do not disagree with the hearing examiner that a release at this time would depreciate the seriousness of the offense. The question is whether release at any time in the next 15 years would depreciate the seriousness of the offense, i.e. whether service of38 years is proportionate. This is a question on which reasonable minds can differ. I note that codefendant Susan Rosenberg was pardoned by President Clinton, and has been released to the community. Codefendant Linda Evans served 208 months (on guidelines of 52-80 months) to parole release on January 20,2001. Codefendant Silvia Baraldini was transferred to Italy pursuant to treaty on August 24, 1999. Codefendant Mutulu Shakur, who as a founder and leader of the Family is clearly more culpable than subject; will receive his 15 year reconsideration hearing after service of 32 years. It appears that subject is likely to serve a substantially longer period oftime in custody than most other codefendants (with the possible exception of Shakur, depending on what happens at his 15 year hearing). The Board should consider whether accountability will be satisfied when subject has served 30 years in prison. I recommend parole after service of 30 years, at which time subject will be in her early 60's. In my view, the remaining prongs of the statutory criteria for parole release (release does not depreciate seriousness of offense, and release does not promote disrespect for the law) will be satisfied at that point. The Board may wish to discuss this question further at the meeting.

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Dear Ms. Strong: Be advised that we have Investigated and approve the above-captioned
inmate's release plan . A visft was made to the residence of the Inmate's attorneylfriend SofflYah Jill ElIjah, at 135 Eastern Parkway, Apartment er, Brooklyn, New York. Ms. emah's approved the inmate's release to the home, which was observecfto be a comfortable three bedroom oooperative apartment. Ms. Elijah owns this apartment. and shares the residence with her elderly parents. Ms. Elijah states that she has known the Inmate since 1985, court matters. She states that she expects the lnrnate will be able to secure employment once released to the community. Ms, EIDah is a SchOOl.

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and represented her in connection with the Instant offense and other practicing attomey In Manhattan and also teaches at HarvarCf law

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We trust this meets withj(oUt needs, Please contact the undersigned, are

however, at 347-534 ..3453, if you require additIonal assistance or ffthere

any ohanges In the inmate's plan of release.

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Very truly yours,
Chief

E.ILEEN KELLY

.S, Probation Officer

carolaon Avallone-Rfccardi

U.S. Probation Officer

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CRIMINAL JUSTICE INSTITUTE
Director, Emeritus Charles J. Ogletree, Jr. Director Ronald S. Sullivan Jr. Deputy Director Jill Soffiyah Elijah Administrative Director Ayanna E. Hines

Harvard Law School

Clinical Instructors David B. Poole Litigation Director Dehlia Aghadiuno Kristin P. Muniz Gloria Tan Licensed Clinical Social WOrker Christopher Pierce

May 5, 2008

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Staff Assistant D· T: b

Edward F. Reilly, Jr., Chairman United States Parole Commission 5550 Friendship Boulevard Chevy Chase, Maryland 20815-7286 By Federal Express overnight Re: Marilyn Buck, 00482-285

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Dear Chairman Reilly: I represent Marilyn Buck who, on Monday, June 2, 2008, is scheduled to appear via video teleconferencing for a parole review hearing. She is currently incarcerated at Fcr Dublin. I write to provide you with materials for consideration at that hearing. As a result of Ms. Buck's initial parole hearing and appeal a release date in February 2011 was set by the Commission. Ms. Buck reappeared before the Commission for a parole review hearing in June 2006. At that time, her many accomplishments and exemplary prison record were acknowledged, and a decision was rendered to continue her incarceration to the release date in February 2011. Since her last parole review hearing in June 2006, Ms. Buck has continued to make exemplary progress towards parole release and has remained discipline infraction free. She still enjoys a broad base of support from friends and family, and, during the past two years, Ms. Buck continued writing poetry and gained further recognition forher talent. . She also honed her translation skills which enabled her to prepare the translation of Cristina Peri Rossi's book, "State of Exile" published by City Lights Press this year. Writing and translation have been a central focus for Ms. Buck during the past two years resulting in several of her pieces being published in respected literary journals. Ms. Buck has received offers of employment in New York City that would enable her to make excellent use of her language, translation and writing talents. Mae Dick, Director of the Adult Learning Center at LaGuardia Community College has offered Ms. Buck a position teaching an English as a Second Language (ESL) course. Asha Bandele, an accomplished author and freelance journalist, has offered Ms. Buck a position as her editor and translator. Ms. Buck is greatly encouraged by these job opportunities and has decided to seek release on parole to New York City where she would be able to best combine her talents and interests.

1515Massachusetts Avenue, 301 Austin Hall, Cambridge, MA 02138 Phone: 617-496-8143 Fax: 617-496-2277 www.law.harvard. edul academicslclinicall cji

Edward F. Reilly, Chairman

May 5,2008

Page Two

Ms. Buck's desire to pursue the work opportunities presented by Ms. Bandele and Ms. Dick is supported by numerous friends and well wishers in the New York City area. A warm, supportive and nurturing living arrangement is available to Ms. Buck in my home located in Brooklyn, New York. I am in a very unique position to be a supportive resource to Ms. Buck. I have known her for over 23 years, serving as her attorney for all of that time. I and my family look forward to her joining our home and providing her with the stability, stimulation and support that she will surely need upon her release. In my home she will be able to navigate the terrain of re-entry with guidance from counsel. Recently Ms. Buck had long-awaited knee replacement surgery. She is in the process of healing and undergoing self directed physical therapy while requiring the assistance of crutches in order to walk. An added benefit of the release plan to live in my home is that the residence has already been converted to meet the needs of the physically challenged. Ms. Buck continues to maintain a close family relationship with her immediate and extended family. They visit her several times a year and continue to support her release. Ms. Buck is well prepared for her release on parole. She has done everything that is expected of her and more. She has accepted full responsibility for the acts for which she has been convicted, never seeking to minimize her role. Ms. Buck continues to give back to her community and to look for new ways that she can be of service to others. Enclosed is a sampling of the letters of support I have received on Ms. Buck's behalf. The authors, all of whom are inspired by Ms. Buck's humility, warmth and generosity, echo in their letters the myriad of reasons that Ms. Buck is a prime candidate for release on parole. In closing, I urge you to release her as soon as possible.

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CRIMINAL JUSTICE INSTITUTE
Director, Emeritus Charles J. Ogletree, Jr. Acting Director David B. Poole Deputy Director Jill Soffiyah Elijah Administrative Director Ayanna E. Hines

Harvard Law School

Clinical Instructors Barbara Fedders Gloria Tan Licensed Clinical Social Worker Christopher Pierce Staff Assistant Dina Tamburrino

October 11, 2007

Anissa N. Hunter FOrA Specialist United Stated Parole Commission 555 Friendship Boulevard Chevy Chase MD 20815

Dear Ms. Hunter: I received your Oct. 3, 2007 letter stating that the FOrA Unit of the ·U.S. Parole Commission may not be able to provide the requested materials for Ms. Marilyn Buck Reg. No. 00482-285 within the statutory time requirement. Ms. Buck never received any Notice of Action from the Commission after her June 12,2006 parole review hearing. 28 CFR § 2. 13(c) mandates that Ms. Buck should have received a response from the Commission with 21 days of the hearing excluding holidays and emergencies. It has been 16 months since that hearing without a response. While your agency may be operating under exceptional circumstances, Ms. Buck has been waiting for a response from your agency for almost one and a half years. We respectfully request that this delay be taken into account and Ms. Buck's FOIA request be processed and completed in an expedited manner.

Yours truly,

cc: Marilyn Buck

301 Austin Hall, Cambridge, MA 02138 Phone: 617-496-8143 Fax: 617-496-2277 www.law.harvard.edulacademicslclinicallcji

CRIMINAL JUSTICE INSTITDTE
Director, Emeritus Charles J. Ogletree, Jr. Acting Director David B. Poole Deputy Director Jill Soffiyah Elijah Administrative Director Ayanna E. Hines

Harvard

Law School

Clinical Instructors Barbara Fedders Gloria Tan Licensed Clinical Social Worker Christopher Pierce Staff Assistant Dina Tamburrino

September 27, 2007 u.s. FOIA Unit United States Parole Commission Suite 420, 5550 Friendship Boulevard Department of Justice Chevy Chase, Maryland 20815 Re: FOI Request on behalf of Marilyn Jean Buck

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Dear FOIA Officer, I am an attorney for Marilyn Jean Buck. Pursuant to the Federal Freedom of Information Act, 5 U.S.C. 5 552, I request on her behalf access to and copies of all records maintained by your agency, including, without limitation, tape recordings, and decisions pertaining to June 12,2006 Parole Review Hearing at FCI Dublin of MARa YN JEAN BUCK BoP Register Number: 00482-285 date of birth - December 13, 1947 place of birth - Temple, Texas SS# 453-84-3652 This request for records of the hearing and process includes but is not limited to any recordings of the parole review hearing, hearing summary and any decisions by the Parole Commission. These documents are maintained by the Commission in accordance with 53 Fed. Reg. 7813 (1988). I request a fee waiver for this personal file: no search fee and 180 free pages. I agree to pay reasonable duplication fees for the processing of this request should it yield more than 180 pages. However, please notify me prior to your incurring any expenses. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. Please specify the office and address to which an appeal should be directed.

301 Austin Hall, Cambridge, MA 02138 Phone: 617-496-8143 Fax: 617-496-2277

www.law.harvard.edulacademics/clinical/cji

CRIMINAL JUSTICE INSTITUTE
Director, Emeritus Charles J. Ogletree, Jr. Acting Director David B. Poole Deputy Director Jill Soffiyah Elijah Administrative Director Ayanna E. Hines

Harvard Law School

Clinical Instructors Barbara Fedders Gloria Tan Licensed Clinical Social Worker Christopher Pierce Staff Assistant Dina Tamburrino

September 27, 2007

Page Two

Please send a memo (with a copy or copies to me) to the appropriate unites) in your office to assure that no records related to this request are destroyed. Please advise of any destruction of records and include the date and authority for such destruction. Enclosed is .. n executed Authorization from Ms. Buck to release the requested materials to me as a her attorney. I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. My direct line is 617-496-8144. I look forward to your reply within 20 business days (excluding Saturdays, Sundays and legal holidays), as the statute requires. Thank you for your assistance.

30I Austin Hall, Cambridge, MA 02I38 Phone: 617-496-8I43 Fax: 6I7-496-2277 www./aw.harvard.edulacademicslc/inicallcji

CRIMINAL JUSTICE INSTITU1.c,
Director Charles J. Ogletree, Jr. Deputy Director Jill Sofliyah Elijah Administrative Director Ayanna E. Hines

Harvard Law School

Clinical Instructors David B. Poole' Senior Litigation Coordinator Barbara Fedders Gloria Tan Licensed Clinical Social Worker Christopher Pierce Staff Assistant Dina Tamburrino

June 7,2006

Edward F. Reilly, Jr., Commissioner United States Parole Commission 5550 Friendship Boulevard Chevy Chase, Maryland 20815-7286 By Federal Express overnight next business morning Re: Dear Commissioner Reilly: Enclosed please find additional materials including nine letters of support for Ms. Buck's petition for release on parole and a copy of her Masters of Fine Arts Degree which she received in September 2005. By letter dated May 12, 2006 I forwarded to you my cover letter and numerous letters of support for Ms. Buck's release. She is scheduled to appear before the Parole Board by video teleconferencing on Tuesday, June 13th. Kindly add these additional materials to her file for consideration in reviewing her case. Thank you for your attention to this matter. Yours truly, Marilyn Buck, 00482-285

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301 Austin Hall, Cambridge, MA 02138 Phone: 617-496-8143 Fax: 617-496-2277

May 22,2006

Honorable Members of the Parole Board I am writing to ask you to release on parole my cousin Marilyn J. Buck. She has been incarcerated for many years and I believe has paid her debt to society. She has renounced violence as a means to change society. She is approaching 60 years and her health is declining. Please release my cousin and let her come home to her family. Respectively, James L. Whyte

UNIVERSITY OF CALIFORNIA, SANTA BARBARA
BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO SANTA BARBARA • SANTA CRUZ

DEPARTMENT OF ASIAN AMERICAN STUDIES SANTA BARBARA, CALIFORNIA 93106-4090

TELEPHONE: (80S) 893-2371 FAX: (80S) 893-7766

May 8,2006 U.S. Parole Commission 5550 Friendship Blvd., Suite 420 Chevy Chase, MD 20815-7286 To Whom It May Concern: I "Write express my support for Marilyn Buck (#00482-285) to receive parole and for her to release to Santa Barbara. While I do not know Marilyn Buck personally, I have long admired the example that would provide the South Coast community in California. She is a wonderful example of the capacity of people to overcome adversity and to commit to both self and communal improvement. I am a teacher.iand I mention this because I am especially impressed that Ms. Buck has earned not only a bachelor's degree, but also a master's degree while in prison. What an extraordinary feat, and what an excellent example for all kinds of people in our community - children, people with special circumstances, people who want to turn their life around. The South Coast and especially Santa Barbara would be a wonderful place for Ms. Buck to serve her parole. She would not only benefit from the refreshing environment and welcoming community, she would also, I believe, enhance the community through her example and fortitude in prison and her participation in community activities outside. Thus, to reiterate, I hope that you will grant Marilyn Buck parole as well as her request to live in Santa Barbara. Sincerely,

es Kyung-Jin Lee Assistant Professor Home address: 61 W. Flint St., Ventura, CA, 93001

May 6, 2006

u.s. Parole Commission, 5550 Friendship Blvd., Suite 420 . Chevy Chase, :MD 20815-7286
To Whom It May Concern:

I live in Santa Barbara, California and understand that Marilyn Buck is asking to be paroled here. I am absolutely delighted about her coming here and enthusiastically endorse her move. I have no doubt that Marilyn will make an inspiring and productive contribution to the community. Marilyn's fine artistic abilities have already won her the respect of many in the area, a talent for which she has received a Masters of Arts in Poetics. In short, Marilyn brings a degree of integrity to her work that will enable her to contribute to the Santa Barbara community in positive ways. Without the slightest hesitation I strongly recommend her parole. ' If there as any additional way I can support Marilyn's request to be paroled here, please do let me know.

sincerel~

"r:

Camp Doctoral Student Department of Sociology University of California, Santa Barbara Santa Barbara, CA jcamp@umail.ucsb.edu

The Multi Cultural Center
May 09 2006 U.S. Parole Commission 5550 Friendship Blvd. Suite Chevy Chase MD 20815-7286
1 1 l

420

Dear US Parole
'I

Commission:

understand that Marilyn Buck (#00482-285) is requesting parole to Santa Barbara. I don't know Marilyn Buck personallYI but as a local resident I enthusiastica~ly support her release to Santa Barbara. She has earned noi only a bachelor's degree but also a master's degree while in prison. [As an educator/] this is an illustration of her ability 'to focus and pursue a goal; her tenacity in tohe face of adversitYI and, her ability to be productive in her life. [As an artist I am excited that] She'is also a gifted artist and awardwinning and published poet. I welcome the creativity and intellect that she will bring to our community. We have a wonderful arts community here. I am a mother of two children and have lived in this 'community for 15 years. I work as the director of the MultiCultural Center at the University of California in Santa Barbara. Marilyn would find a welcoming home here as well as contribute in many ways. I hope that you will grant Marilyn Buck parole as well as her request to live in Santa Barbara.
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Zaveeni Khan-Marcus Director MultiCultural Center UCSB; Santa Barbara CA 93106
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Barl1(7rL7, California 9310Ci(\i50
Fax: 805,3~73-7()(Js!

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Tel: 805,893-8411

Santa Barbara School Districts
SANTA BARBARA HIGH SCHOOL May 12, 2006 U.S. Parole Commission 5550 Friendship Blvd., Suite 420 Chevy Chase, MD 20815-7286 Dear US Parole Commission: I understand that Marilyn Buck (#00482-285) is requesting parole to Santa Barbara. I don't know Marilyn Buck personally, but as a local resident, I enthusiastically support her release to Santa Barbara. She has earned not only a bachelor's degree, but also a master's degree, while in prison. As a high school teacher who works with "at-risk" youth, someone like Marilyn is a role model that even in the face of adversity she is able to make something of her life and pursue her education. As an artist, I am inspired that she is also a gifted artist and award-winning and published poet. I welcome the creativity and intellect that she will bring to our community. We have a wonderful arts community here. Marilyn would find a welcoming home here, as well as contribute in many ways. I hope that you will grant Marilyn Buck parole as well as her request to live in Santa Barbara.

Jos ph Velasco Teacher, storyteller, theatre artist

700 East Anapamu • Santa Barbara, CA 93103 • (805) 966-9101
Equal opportunity employer/non-discrimination on the basis of race, color, ancestry, national origin, marital status, sex, sexual orientation, religious creed, physical handicap (including AIDS), medical condition (cancer-related), age (over 40), or political affiliation,

City of Santa Barbara
City Council
www.SantaBarbaraCA.gov

May 11,2006
Marty Blum Mayor

Brian B. Barnwell Council Member

U.S. Parole Commission 5550 Friendship Boulevard, Suite 420 Chevy Chase, MD 20815-7286 RE: Marilyn Buck 00482-285 Dear Members of the U.S. Parole Commission: I am writing on behalf of Marilyn Buck as she goes before the parole Commission for a second time. I strongly urge you to grant this model prisoner release from prison through parole. She has been a model prisoner for 15 years and has participated in many educational and cultural activities for her fellow prisoners. She has also completed both her BA in psychology and a Masters in Poetics as well as working with and AIDS peer education program. From her Masters in Poetics she has become an accomplished poet with over 15 publications. She has had the past twenty years to reflect on what she did and those twenty years have taken a toll on her health. She is now 54 years old and suffers from rheumatoid arthritis which makes day to day activity difficult as well as having a cancerous thyroid removed. She is not a threat to the community and she has a job and a home waiting for her when she is released. Having her serve any more time is pointless and will accomplish nothing more than the wasting of government funds. Thank you very much. Sincerely,

Iya G. Falcone Council Member

RogerL.

Horton

Council Member

Helene Schneider Council Member

Grant House Council Member

Das Williams Council Member

Tel: 805.564.5318 Fax: 805.564.5475

City Hall De La Guerra Plaza PO Box 1990 Santa Barbara, CA 93102-1990

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Das Williams Santa Barbara City Council Member

MBlum@SantaBarbaraCAgov RHorton@SantaBarbaraCAgov

BBarnwell@SantaBarbaraCAgov

IFalcone@SantaBarbaraCAgov DasWiliiams@SantaBarbaraCAgov

HSchneider@SantaBarbaraCAgov

GHouse@SantaBarbaraCAgov

Life Balance
INSTITUTE

May 25, 2006

U.S. Parole Commission 5550 Friendship Boulevard, Suite 420 Chevy Chase, MD 20815-7286 Re: Marilyn Buck 00482-285 Dear Members of the U.S. Parole Commission: I'm writing on behalf of Marilyn Buck to ask that you grant her parole at your next hearing. I met Marilyn at the Dublin prison while participating in a volunteer program that taught 1 ""':."... ~,: ..... ..,. : ......... .... 1 .••• _ !"'~1 Marilv ........_~ "' ,.-._4- ~l"t' ....... '"+1-.11',.,;r:~+i,... t'",UUl,;1l1~ ,';:St.! ~~ ctll.U ·lCGll1J.l1b '1 VI. 1.111 ',"tau
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participant, she was constantly supporting other inmates in their learning. As I got to know her I realized that she was a deeply self-reflecting person who had seen the error of her actions and the harm it had caused others and herself. More than once I was struck how she never complained about her situation or showed any bitterness towards anyone not her fellow inmates nor prison personnel nor the judicial system. As President of the Life Balance Institute, I teach leadership programs to chief executive officers, community leaders and within various organizations all around the country. As a spiritual teacher and counselor I have had personal interviews with over a thousand different individuals. Many of whom were struggling with life issues. With this experience base, I feel qualified in suggesting to you that Marilyn will not be any threat to society and will lead a productive life upon her release. You have further indication of this in her intellectual pursuit and recent obtainment of her Masters Degree in Poetics. Marilyn's health has steadily deteriorated in recent years. Again, she never complained in my presence about her health but her physical problems were quite obvious. On humanitarian basis alone, it would be appropriate to release her at this time. I thank you for your consideration. Your choosing to release Marilyn would be a positive step towards healing the past and our society at a time when the nation faces new and serious threats from the outside. It is certainly a time weneed to alicome together as ~ community. If I can be of further assistance in anyway please feel free to contact me. Sincerely,

~~:~pfl~
President

Phillip Moffi~vfl -,

Post Office Tiburon,

B·ox 725 .

CA '94920'

www.lifebalance.org info@lifebalance.org ph: 415.435.3141 fax: 415.435.0871

elana levy 1030 Westmoreland Ave. Syracuse, NY 13210 u.S. Parole Commission 550 Friendship Boulevard Suite 420 Chevy Chase, MD 20815-7286 Dear Members of the U.S. Parole Commission:

May 2006

I have been visiting Marilyn Buck for over a decade at the F.C.I. in Dublin, CA. Marilyn Buck is one of the most caring, clear thinking, .intelliqent persons i have had the honor of knowing in my lifetime. Our conversations most often turn to fiction, poetry of our favorites, as well as her poetry translations from Latin American poets. Some of our best moments are when we recite poems to each other. Her successful work in completing her M.A. in Poetics has taught me many lessons for my own life in. focussing,' staying on task and completing tasks. Marilyn's caring for others also continually reminds me of how to live in a compassionate manner. My peace work tries to emulate the depth i understand the phrase "Being Peace" to mean. Every radio show i produce i close with: "There is no way to peace. Peace is the Way." My friendship with Marilyn deepens my understanding of that maxim. Marilyn and i both find meditation an important practice for maintaining equilibrium and peacefulness within and outside in our world. We both share this practice with those around us as well. I write and send this letter with the fervent wish that you too learn of the depths of compassion, caring and creativity of Marilyn Buck, and recognize the good she brings to all of us. And, of course, how that compassion and caring can spread ever-wider with Marilyn Buck's timely release from prison,

a levy p fessor of mathematic tired p dio producer, Women's Voices Radio

MERLE

WOO

June 1,2006

u.s. Parole

Commission 5550 Friendship Blvd. Chevy Chase, MD 20815-7286 Re: Marilyn Buck 00482-285

Dear Sir or Madam: . It is my understanding that Marilyn Buck will be appearing before a parole board in June 2006. I would like to present my strongest recommendation that she be freed, as soon as possible. I have known Marilyn for several years, but I would like to address especially the past five years where I have come to know Marilyn and her works at FCI, Dublin. I have found it to be an honor to just visit Marilyn. What a shame that she cannot be among us, the public, who could benefit so much from her teachings and great human spinto What we do have are these: her poetry, essays, sculpture, and tributes to all advocates of democracy. With her brilliant human insights, she has given us tools to live better, more enlightened, more conscious lives. What couldn't she achieve in freedom. I am retired now from teaching in Women Studies at San Jose State University, but while I was there, I usually used Marilyn's poetry and essays in my classes. One of the essays is on censorship. Ultimately what she was teaching my students was that when we censor ourselves, curtail our deepest expressions, we are confining ourselves to prison. This was not a voice bitter about being in prison for over twenty years (of an arbitrary, inhuman and unjust sentence of 80 years!) - no, this was a voice thinking primarily about teaching. She has been teaching us for years. She has been teaching in prison and because she is bilingual in Spanish and English, she has translated letters and such for her sister Spanish-speaking prisoners. I have just visited her on May 20th• Her health is suffering and desperately needs a knee transplant. was in obvious pain all the while we visited. She has more than served her sentence. Please free Marilyn Buck, for our sakes. She

203

ARBOR PHONE:

STREET·

SAN

FRANCISCO, • FAX:

CA • 94131

415-333-8812

415-587-3499

-2Sincerely,

June 1,2006

Merle Woo Retired Educator

cc: Soffiyah Elijah Marilyn Buck

ROBERT BLOOM
3355 Richmond Blvd. Oakland, CA 94611 (510) 595-7766 Fax (510) 595-8384 email bbloom222@hotmail.com

ATIORNEYAT LAW
(Admitted Only in New York and Federal Courts)

351 Broadway New York, NY 10013 (212) 431-4601

May 9, 2006 United States Parole Commission 5550 Friendship Boulevard Suite 420 Chevy Chase, MD 20815-7286 Re: Marilyn Buck, 00482-285 To the Parole Commission: I write to enthusiastically endorse the parole of Marilyn Buck, 00482-285. I am an attorney, and I came to know Ms. Buck when I visited with one of my clients at FCI Dublin. Every time I had occasion to briefly speak with Ms. Buck, I found myself puzzled and troubled that such a decent person could be kept in prison for so long. I inquired and was informed of the circumstances that led to her incarceration so many years ago. There is no doubt in my mind that Ms. Buck is an exceptional person who presents absolutely no risk of engaging in criminal activity if she is released from pnson. I have spoken about her with people who know her very well. I am informed that she has truly been a "model prisoner", with no disciplinary write-ups in nearly twenty years. I also know that she has been involved in very compassionate AIDS counseling to women in prison. She is a writer, a poet, a loving person whose motivation has always been to help people. Having spoken to her and to others, I am convinced that she is entirely remorseful for the tragic consequences of her actions so many years ago. Marilyn Buck -is a loving and kind person who will contribute to our society in many ways.

1

Finally, as an attorney who has been engaged in the practice of criminal law since 1966, I can say that I have known many individuals who have been considered for release on parole. Seldom have I encountered anyone who is so clearly appropriate for parole as Ms. Buck. I can say without qualification that I would trust her integrity, her honesty and her peacefulness any circumstance, including situations where my personal interests might be at stake. Please parole Ms. Buck.

Truly yours,

2

HARVARD

LAw

SCHOOL
02138

CAMBRIDGE,

MAss.

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y

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