Vickie
05-02-2002, 12:44 PM
Hello All,
I am new here so I hope I am doing this right. My fiance is currently incarcerated in a fedreal institution. (non violent drug conspiricy charge) He has been down now for 9 years. has 4 more years to go.
We recently filed a habeas on the plain error rule. Our habeas was accepted. (even with the time limits) so we have been lucky. We are attacking his sentence due to errors that were present in the lab report provided to the feds from the forensic drug lab which happens to be contracted by the Feds.
Recently the the chemist at the Lab in question was arrested and sentenced for falsifying information on more than 500 cases. (BTW the chemist only recieved 6 months in a halfway house)
Anyways~the errors on my mans documents are so screwed up that it is unbelieveable! for one thing only 80 of the 202 items submitted for testing were tested. another big error is that there are plain typo errors. under the Federal sentenceing guidelines one gets sentence by the amount of drugs,,, well for instace there were typos that included a pharmacutical drug that was documented has a 75mg,, when te highest that drug is manufactured is 7.5mg,,,, So this was a plain error. there were numerous errors,, too many to mention here,, Now we play the waiting game :( I hate this waiting game, But so far everything looks favorable. I am sory this is so long,, I am glad I found a great support group, and I look forward to getting to know everyone~~Vikie
I am new here so I hope I am doing this right. My fiance is currently incarcerated in a fedreal institution. (non violent drug conspiricy charge) He has been down now for 9 years. has 4 more years to go.
We recently filed a habeas on the plain error rule. Our habeas was accepted. (even with the time limits) so we have been lucky. We are attacking his sentence due to errors that were present in the lab report provided to the feds from the forensic drug lab which happens to be contracted by the Feds.
Recently the the chemist at the Lab in question was arrested and sentenced for falsifying information on more than 500 cases. (BTW the chemist only recieved 6 months in a halfway house)
Anyways~the errors on my mans documents are so screwed up that it is unbelieveable! for one thing only 80 of the 202 items submitted for testing were tested. another big error is that there are plain typo errors. under the Federal sentenceing guidelines one gets sentence by the amount of drugs,,, well for instace there were typos that included a pharmacutical drug that was documented has a 75mg,, when te highest that drug is manufactured is 7.5mg,,,, So this was a plain error. there were numerous errors,, too many to mention here,, Now we play the waiting game :( I hate this waiting game, But so far everything looks favorable. I am sory this is so long,, I am glad I found a great support group, and I look forward to getting to know everyone~~Vikie