View Full Version : Federal Sentencing-How much time is mandatory?
09-02-2006, 03:05 PM
:confused: Does anyone know what percentage of FEDERAL time must be served? 3rd felony (enhancement not filed) "Possesion of firearm by convicted felon" ( there was NO GUN, ONLY BULLETS - 20 bullets of all shapes and sizes), sentenced to 6 yrs. I've heard he must serve 100%, I've heard 85%, I've heard a year off for this, a few months off for that........does ANYONE know?? if there is time off for what ever does it come off the 6 years, or the 85% (or whatever % it is)? This is all new to us and we can't figure anything out. AND our lawyer can die and burn in HELL!!!!!!!!! SO..... can anyone help!??!?!PLEASE!
09-02-2006, 03:29 PM
It is aproximately 54 days per year served. that is 85 %. i dont believe hell be eligible for rdap, thats the year off, as it was a gun charge. Even if they were just bullets it is considered a violent charge. Either way, he will spend around 4 and a hlf years in prison, then the last six months will be spent in a halfway house. Should yu like a more thourough answer, you cn post this question in the federal forum. We have a guy there that really knows, his name is txrhino. His calculation wil be more exact than mine. Well, Im sorry that you are going through this. i hope Ive helped, even if it is just a little!!
09-02-2006, 04:28 PM
Yes you have. Thank you. Is that 4 &1/2 yrs. total or 4 &1/2 yrs. in prison and then 6 mos. after that in a half-way house. What exactly is a "half-way" house, anyway? Thanks again.
09-03-2006, 06:29 PM
TxRhino can give you exact calculations but beverly gave you a good ballpark. Federal inmates are eligible for 15 % Good Time Credit for each year served, not sentenced. They have a complex formula. The last 10% of his sentence, he should be able to serve in a halfway house. These facilities are contracted by the Bureau of Prison to help inmates re-enter the community. He will work 40 hours per week while there and pay them 25% of his gross pay. He will be allowed passes to begin spending more time at home home on week-ends prior to release. The 85% he must serve includes the time behind the walls + the halfway house time.
Then his sentence probably includes a period of Supervised Release under the jursidiction of the United States Probation Dept.
09-04-2006, 11:57 AM
Karen T, I am sorry your going through this. I too was so confused about everything. My husband attorney was a nice man, however, never told us anything that I later found out. They seem to be very vague, as though their time is so valuable that can't share the things that are the most important with us. Some things that will be nice to look forward to would be the HWH. Since you will be able to start seeing each other and spending more time together. The HWH, as some have different rules than others, they all offer alot of time with the family for re-entry into the community. Just make sure that the level of security he is sent to will be the proper level as transfers and such are hard to fix later. Rdap is a program for inmates that as part of their arrest were addicted or using some type of drug. It must be noted in the psr prior to imprisonment for him to qualify for such treatment. However, due to his charge being considered a "gun" charge, he will not qualify for a year off his sentence. So either way he will serve the original amount of time as will be calculated by txrhino, with GTC. All I have learned is through this site. It truly has information worth more than any experienced attorney. And your not being charged 200.+ an hour...LOL Good luck!
09-05-2006, 10:41 PM
It seems to me once a person is convicted of a Felony they essentially become none citizens with little or no rights. The U.S Constitution was put in place to give each of us our Rights. The U.S. Justice Department seems to live to strip us of thos same rights.
Ok, before I get started lets get some numbers for you. On 72 mnths he will get roughly 9.5 mnths of GTC (Good Time Credit) and be eligible for the full 6 mnths of HWH (Half Way House) for a total time "Behind the Walls" of 56.5 mnths.
As a Conservative Redneck Texan :D , I still cannot help feel outrage at some of the stunts the Feds continue to get away with. Yes, I believe there should be punishment for crimes. I also believe punishment should be temporary and once your time is done... so should end the punishemnt. In particular it makes my blood boil when I think of this in terms of our own U.S. Constitution and the 2nd Ammendment: Which grants states and individuals:
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
And the 15th Ammendment: that says:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
I can appreciate a person breaking the law and needing to be punished; owever, once they have paid their debts to society... I for one thing it is a slap in the face of our ''Founding Fathers" to continue to punish them for exercising their constitutional rights or worse denying them these same rights.
OK thats my rant. Sorry:
Keep the Faith