View Full Version : Which federal criminal charge is worse?


jookgal2005
10-05-2005, 05:29 PM
My fiancee was being charged with cocaine possession (4 kilos) and conspiracy (5 kilos). He took a plea bargain and the feds dropped the possession charge. He is a first time offender, no criminal history. The judge said that he has a minimal role so I am wondering is this good? The prosecutor said that he would get the safety valve also and that the maximum time that he would get (if any) would probably be two years. Is this possible? Which charge is worse?

dizzulsgirl
10-05-2005, 08:06 PM
I'm not sure which one is "worse", but f he is getting the safety valve and downward departure for playing a minimal role, that is very good.

David
10-05-2005, 09:30 PM
Well.. You can do up to 20 years on the conspiracy alone, I believe.
I would HIGHLY recommend you talking to counsel about doing 2 years when he got caught with 4 Kilo's of cocaine and a conspiracy.. Charges dropped or not..

The only way I could imagine someone doing that little time for those charges is with a 5k1 and rolling on someone up the ladder quite a ways.. Probation for that? Not even for Sammy "The Bull" Gravano.. IMO

Don't ever just take an Asst. U.S. Attorney's word for it.. Where is his lawyer anyways?

not_unrealistic
10-06-2005, 09:17 AM
My b/f got 14 for conspiracy to posess 5 kilos of cocaine and had the #1 defense attorney in our state.

FreedomSeeker
10-06-2005, 09:24 AM
To get to two years on what you've told us would be tough.

On the 5 kilo conspiracy charge, a mandatory minimum sentence of 10 years applies. The safety valve gets rid of the mandatory but it takes the case back to a guideline sentence. That sentence would be based on the actual quantity of cocaine he possessed which appears to be 4 kilos. The guideline range for that quantity, coupled with a plea and a minimal role adjustment would be 57-71 months. This guidelines range is only advisory.

I agree that the only way to get to two years is if he's cooperating and you better have a big hearted prosecutor.

shrekney
10-06-2005, 10:28 AM
I have to agree with the prior posts that 2 years sounds a little light. That being said, I have seen people get amazingly low sentences for being a snitch. For instance, I saw one 5th time felon, receive a sentence of 15 months for a $600,000 fraud. Personally, I think that is a fundamental problem with the feds, but that is just my opinion. Just make sure that he is willing to watch his back if he is willing to become a snitch, because he will have to take down some fairly powerful people to get that type of reduction and that could get ugly down the road.

jookgal2005
10-06-2005, 05:24 PM
Well he was set up by an informant. He has provided assistance already and that is why the prosecutor said that he would receive credit for his contribution. The prosecutor seems to be very nice and it looks like she is working in his favor but you never can tell with the feds. This is why she said that he may receive little or no time. The judge said the same. Does this sound like this is possible? He has been out on bail since Oct 2003. He was on state first and then they dropped the state charges because the feds picked up the case.

jookgal2005
10-06-2005, 05:30 PM
By the way, this is in Florida. I dont know if the drug penalties in Florida are lenient or not. His lawyer says that he would be able to get this light sentence because of his minimal role and no prior criminal history. He stated that he would be in the 0 column of the guideline chart that they use because he qualifies for 5 things. I have no idea what he is talking about. Does anyone know?

shrekney
10-06-2005, 05:59 PM
Federal is federal, it really does not matter what state he is in. The penalties are the same. The fact that he has no criminal history will help him, but only a little. Frankly, if you just told me the facts and that he was eligible for safety valve, I would speculate that he would get 4 years. But who knows, stranger things have happened then someone getting off with very little time.

curlyhead
10-06-2005, 07:17 PM
hi
\ my son accetrd aplea for conspiracy / marijuana and conspiracy to launder money , they say he won,t be eligble for . the safety valvbecause they see him in a managerial role with his 3 friends, his plea statuate says he could get 10-life. he has co-operated and this is a 1st offense for him. what are the possibilities in everyone experiences? he is eligble for rdap we are told . he'll be sentenced in dec. is it possible to get less than yrs without safety vave and reductions for other help?? anyone please help. we are scared. curleyhead

venicespirit
10-06-2005, 07:36 PM
Conspiracy holds the larger time value.

beverlywu
10-07-2005, 12:11 PM
I have read some examples of people getting very small sentences. Look up dedad34 in the members list, and look at his posts. I have also read many horror stories. I checked the sentencing guidelines, and his base level should be level 32. Then you can subtract up to 4 levels based on a mitigating role. That brings him to a level 28. The safety valve subsection only states that the level cant be dropped lower than level 17 which would give him 24-30 months. I believe that mandatory minimums are still in place which would mean he would get no lower than 10 years. I think the Supreme Court is supposed to rule this season on I think it is Booker???? I really do hope that everything goes your way. What does his lawyer say?

jjtweeks
10-09-2005, 09:03 AM
I would have to say that the conspiracy would be worse.Also the feds calculate your offense level on the actual amount of pure drug that was confiscated.I was at level 32 with manditory minimum of 10 years ,max life.I had 2 ounces of meth which the purity was 100%.Having 50-150 grams of actual meth is the 10 to life.I didnt qualify for the safety vavle either.My wife was arrested for having 650 grams of meth but was poor quality,only 64 of which was actuall meth.She was also level 32 but qualified for safety vavle.They havent mentioned nothing about the purity or actual amount there was out of the kilos to him?I think the manditory 10 to life for cocaine is 500 grams +.But then again thats is a conspiracy role with intent to distribute.

bobibc
10-09-2005, 10:16 PM
I Was Charged In Tampa Fl. With Conspiracy For 100 Grams Of Cocanie Level 32 10 To Life. I Received The Safety Valve And Got 84 Months With A Plea. They Told Me All This "the 1st. One To Talk Will Get The Deal Talking About Myself And My 2 Co-defendents Which Both Had Priors. One Got 5 Years The Other 6 Years All 3 Charged With The Same Amount And Conspiracy. You Do The Math. I Do Not See 2 Years On His Charge But Things Happen.

Geek
10-09-2005, 11:06 PM
A conspiracy charge carries the exact same penalty as the substantive charge. i.e., Conspiracy to commit fraud and committing fraud have the exact same penalty. One is not better then the other.

Conspiracy is probably easier for the prosecutor to prove, and that is most likely reason that the substantive charge was dropped.

dizzulsgirl
10-10-2005, 10:54 AM
i would have to agree with Geek...the conspiracy charge would carry that same penalty (it's all coming back to me now!).

frmbeliever
10-10-2005, 02:49 PM
My son Got a great sentence due to them departing from the guidelines fantastice judge so instead of 20 years he is doing 7. So i don't know about 2 wow. and I had an execellant attorney

Xcon4life
10-11-2005, 10:04 PM
My charge was for conspiracy to distrubute a large amount of cocaine and possession with intent to deliver. If he is only looking at 2 years for 5 kilos I'd be getting erverything in writing and keeping my fingers crossed.

jookgal2005
10-16-2005, 04:59 PM
Thanks. I am hoping that all goes well. Does it matter how many individuals are being charged? There are 5 all together being charged for the 5 kilos. Some of them were not granted bail. My fiance and another guy are the only two out on bail. Apparently, one of the guys is a big dealer and the feds were happy to destroy the drug ring he had. All of the others have priors as well. I think my fiance is getting credit for the four others. Would that make a difference?

blackrock
10-23-2005, 08:45 PM
Im not sure how to do this yet but i have a question. I was indited on conspiracy to distribute 500 grams of meth. I am a first time affender. I was relesed on pre trial probation. This was one year ago. Since then I give a random UA every week. I have always tested negative. I check in with my PO every week and never miss one. He randomly shows up at my house to test me and i am always clean. So my question is...Being a first time offender and staying clean for the whole year and getting good feedback from my PO do you think I will get alot of time? I have never been to prison and my attorney says i will go to minimal security if i do go but im intrested in the amount of time PLEASE HELP!!! blackrock

didmy90months
10-23-2005, 09:52 PM
I have never seen anyone get less then 36 months in a heavy conspiracy and those that did ratted out everyone and their own family. Some of you don't realize you get HALF for your cooperation whether you bring in 1 INDICTMENT or 10. Don't believe the bs prosecuter hype about bringing in the army - one indictment gets you half -period.... I have seen 100's get sentenced and 24 months never ever came up??

As for "Blackrock"--- send me a pm with more details and maybe i can give you info.

jookgal2005
12-16-2005, 08:20 AM
Hi. I just wanted to thank everyone for the support. My fiance went to court yesterday and was sentenced to 30 months with 3 years supervised release. He was in the 57-72 range and the prosecution recommended 36 but the judge gave 30. The judge said that he will be deported after he has served his time so the supervised release will become void. How much time will he actually have to serve? I know that after you serve so much time you are sent to a halfway house. His lawyer told me that only US citizens are eligible and that he will just be deported. Is this true?

bellisq
12-16-2005, 10:22 AM
His lawyer is accurate about the deporting. But he get a good sentence. He will have to serve 85% of his time, close to 27 months, then he will probably be moved to a different facility for the immigration hearing and deportation. He must have had a very good lawyer and a decent prosecutor, sounds like he got a break on his plea, his guidelines and his sentence.

michellechris
01-03-2006, 05:34 PM
My boyfriend currently in jail. He ran two years ago because the state of georgia was trying to give him ten years. I truely beleive he didn't have a good lawyer. My boyfriend was shot by the georgia cops as he was trying to get away from them. Later at the hostipal they found three grams of cocaine on him. He did appear in court but once with his stupid lawyer . The lawyer only been in business less then a year and he told my boyfriend to plea to ten years. My boyfriend walked out the courtroom. So now we are in MN and one day he got pulled over by the cops. Georgia finally came and got him after ten days being in MN jail. Now he is awaiting a court date in Georgia. I have a lawyer for him that been in the criminal field for over 40 years and use to be a judge. The lawyer said that he can get the cocaine charges down to a misdeamnor and For the other charges for obstructing a officer will dismissed because the officers had no reason to shoot my boyfriend in the butt. Let me know what you think the outcome will be? Do you think 3 grams is a lot?


Thanks

Federal PO
01-03-2006, 09:27 PM
I have never seen anyone get less then 36 months in a heavy conspiracy and those that did ratted out everyone and their own family. Some of you don't realize you get HALF for your cooperation whether you bring in 1 INDICTMENT or 10. Don't believe the bs prosecuter hype about bringing in the army - one indictment gets you half -period.... I have seen 100's get sentenced and 24 months never ever came up??

As for "Blackrock"--- send me a pm with more details and maybe i can give you info.

Tihs is just inaccurate. With every prosecutor I have ever seen, the downward departure has been based on the quality and quantity of information given unless the assistance agreement specifically said that there would be no departure past a certain level. The more you do, the more you get. If you actually testify against people, you get mor ethan someone who just provides information. If you help bring indictments against 10 people, you get more than someone who brings an indictment against one.

David
01-16-2006, 12:23 AM
Most of the people I know of that got 5k1's got them proportional to what they delivered. If you can give the feds John Gotti, you can skate on 17-19 murders, plus all sorts of RICO charges, with as little as 5 years.. You can bet Sammy Gravano did not get the same deal when he got busted some time later running his own little XTC ring..