I am 50 facing up to 30 months for mail fraud, I am to be sentenced in about two weeks, can you tell me a few things like, I have a point level of 14 and a criminal history catagory 3, I have medical problems ( I am legaly declared 100% disabled), how much time do you do of your sentence (how much good time off) and with this rating and medical problems to they send you to camp or just lock down.., do you get to go to a half way house at some point.

Will you be doing fed time?

welcome to PTO

Yes

Thank you lulu, yes in fed

Sorry Lee, I don't know much about the fed system to help you, but there are many here who can.Good Luck--------Ken

thank you anyway Kconnor56

CaliforniaLee, my understanding about Fed time is that you must serve at least 85% of your time before you are released. Since they don't have parole like state does, but they do have 54 days good time per year, the 85% plus good time = your full sentence, and then you can get released. 85% of 30 months is 25.5 months. Now in your situation with medical issues and priors, I'm not sure how all that comes into play. And the half way house situation I'm not sure of either. I'm still learning about all this myself. But hopefully the wonderful people here at PTO can offer some more information. Hope that has helped you some.

If it where state I think you'd be a level 1 and do about 16mo. and would probably go to a medical facility.or have no job.as far as I know.I don't know about Fed. I think Fed.maybe 24mo. at 80percent of your sentence.

Thank youPopsgirl

Thank you Valerie

you're welcome. Good luck to you....

I'm sorry,I thought it was 80, Good luck to you CaliforniaLee.

Just wanted to say Welcome to PTO and sorry you're going thru this.....

Deb

thank you deb

CaliforniaLee,
I am sorry it took me so long to get here.
I'll see what I can do to answer your questions and give some insight.
As Popsgirl said, you will do an actual 25 1/2 months on a 30 month sentence but there are other factors involved that will also reduce your "inside" time.
I am not sure what the current deal is with 1/2 way house. I have been hearing that those eligible for it are not getting the full 6 months that I got a year and a 1/2 ago. There is something called a 10% date that usually was about in the middle of the 1/2 way house stay and was when we could go to home confinement. I'll have to do a bit more research and see what is going on with that. Let’s just say this; best case scenario is you get 6 months off the 25.5 you would serve.. meaning you would do 19.5 months if you were able to get 6 months off for 1/2 way house.
A little more on 1/2 way house.. Most everyone that goes into the feds have to take 1/2 way house. You can refuse it but they may take away good time behind that. Besides, why not get out to the streets? More on this soon..
What are the guidelines for your sentence? I am assuming that 30 months is worst case. Are you at 27-30 months? If you have been out of trouble for a while I would think there is a good chance that you would be sentenced at the bottom of the guidelines. Do you have any idea what the probation department recommended in your PSI?
How bad are your medical conditions? Do you take special medications ordered by your doctor? If you have any serious medical issues you want to have your attorney bring them up to the judge at sentencing so that he can make "recommendations" in your sentence that the BOP will take to heart. If you have very serious medical issues you should ask to be sent directly to a medical institution. Be aware though that there are not a lot of these and you could end up on the other end of the country.
I'll leave this here so you can reply to some of it and we can go on from there.

Dear Fed-Ex,

Thanks for the reply, first the psr has me at point level 14 with guide line sentencing at 15 to 21 months, they are recomending that I get the full 21 months, however, we do have a good fight for a downward departure, I have medical as such, high blood presure and I have a teflon spine from an accident in 1983, I am not bed riden or need hospitlization, just a few medications, I am unable to do heavy work or lifting. next it has been some 12 years plus since my last incarseration or trouble with any law and only on a state level, never federal, first time, I do not understand the catagory III they have me at in the PSR, maybe you can lend some advice here too, my question with regard to the half way house is can they denie me because of my medical?

Thank all of you for your answers and support.

Lee

That is a good question. The 1/2 way house has to accept you and lots of time they may not if you cannot work. Basically, it comes down to money.. They take a good portion of your paycheck for room & board (yeah.. no matter how little you pay, the accommodations are lacking). They even do this when you go on home confinement. If you can't bring them money, they are going to try and not accept you.
So, moving back to prison, this might influence your decision on whether or not you want to push the disability issue and not work inside the prison. (You can get a full waiver if you are disabled and not work at all) If you don't work in there, they may have that listed in the report that goes to the 1/2 way house requesting a bed for you. If you do work, and are willing to get a job out there (though, you may be able to have a flair up once you have a bed in the 1/2 way house and I doubt they can do anything about that), chances are you will get the 1/2 way house. All that is up to you and what you can handle with your medical condition.
With regards to your Criminal History Category level III, that is where they copulate up all of your criminal history "points". They assign points to each crime. I believe a misdemeanor will get you one point; a felony will get you two or three. (Sorry, I am rusty). Here is a link to a place that describes it pretty well, but I don't think they list what crimes will give you "X" amount of points each.
http://www.federal-criminal-lawyer.ws/sentencing.htm
I was a level V in my PSI.. As you can tell by looking at the chart that I will attach in my next post, the higher you’re Category, the more time you do.. That goes for the points relating to the crime committed as well.

Here is the chart that you use to figure up the time for the crime. Points for the offense committed are on the left, while the criminal history categories are on the top. Where they intersect is how much time someone dealing with the feds will be looking at, as long as there is not an upward or downward departure.

Did you get 2 points off for acceptance of responsibility? I was originally a 14 at a level 5. It was bumped down to a 12 at a level 5, which is 27-33 months. Unfortunately, it should have been at 6 points to start and 4 with acceptance, but I didn't find out the ERROR that my attorney should have caught until most of my time had already been served.

It never hurts once you get in there and have all the law books and time to check on your case to make sure you were sentenced properly.. If I had done it early instead of late, I wouldn't have done but maybe a month in there. (But, then we probably wouldn't have PTO now either.. ;) )

I don't know the particulars with your case but if you look in the sentencing guidelines, you will often see where there are subsections that call for enhancement and reduction. In my case, the gun that I possessed was for hunting purposes only, and I did not have any drug related crime in my history. That right there automatically kicked me down from 14 points to a base offense level of 6. Subtract 2 for acceptance of responsibility and I had 4. Even with a criminal history level of 5, I would have done MUCH less time than I ended up doing..
Food for though.

Thank you Fed-X, yes I got the 2 point reduction, my base offense is 6 points, the amount of loss pushed me to 14, minus the 2 points leaves me at 12, Catagory III, however we do have a good argument at sentencing for a downward departure, it is worth a shot, I have no prior violence or drug related cases, all white collar, and this is a mail fraud case
thanks again for all your help it is greatly appreciated.

Not a problem at all. If you have any others, please feel free to bring them up. Hopefully they will sentence you at the bottom of the guidelines and give you a downward for your medical, etc.

Fed-Ex how do they determin what level you are, min, med etc...

Based on your criminal history points for the most part. I had never technically (physically) been to prison other than boot camp, and my charge was a simple felon in possesion, yet they started me out all the way up at a medium. I later passed over on going to the low after 6 months at the medium, so there might have been a chance that I made it to a camp before I got out. Time also plays a part. Someone with 10 years or more automatically cannot go to a camp. I heard they have lowered that to 8 years now.
There are a lot of factors but criminal history plays the largest part.
From what I read about your points/history, you will most likely either go to a Low or a Camp. Likely a camp. You will know for sure when your self-surrender paperwork gets there, but not until. The BOP will classify you. Beats going to Oklahoma City for 2 weeks while they figure it out.

Good information Fed X!
Why do some people get to self surrender and others wait in county for sentencing?
If someone is being held awaiting sentencing they are not allowed any release time to make arrangements for their family I presume?
Thank-you for any information. Tessa