View Full Version : How much time for 1 count of wire fraud, Level 30 offense. first time offender?


j.locke
02-21-2011, 03:41 PM
Hello

My friend was arrested by the Feds in Florida on wire fraud charges and has signed a Plea Agreement with the Gov. He plead guilty to 1 count of conspiracy to commit wire fraud, 500k loss.

His overall offense level was 33 and the Feds recommend the court to reduce the offense level by 2 levels based upon his recognition and an additional 1 level based on his timely intention to enter a plea of guilty.

So his offense level should be 30 at the time of sentencing.

I must mention that he is a first time offender, he is a foreign that entered in US with a tourist visa. He was arrested in December 2010 and he is scheduled to be sentenced in May 2011.

It will be much appreciated if somebody with experience can answer to this questions I have:

1. How much time do you think he will get?

2. What is the minimum amount of time he must stay in prison from the sentence he gets?

3. From the sentence time that he will receive how much time can he earn if he work, go to school or have a good behavior?

4. The 6 months that he will spend in arrest before he is sentenced will be subtracted from his sentence?

Thank you for your help.

bellisq
02-21-2011, 08:17 PM
I'm not going to try to guess his sentence. Here's the sentencing chart for 2010 http://ftp.ussc.gov/2010guid/5a_SenTab.htm It is usually pretty straightforward.

If the level 30 came from his Pre-sentence report, and he gets a straight sentence, he's looking at 97 - 121 months. He will have to serve 85% of his time, which is given to him when he enters the facility and if he stays out of trouble, he'll get the full amount. That's it for time off, it's his to lose and there is nothing else for him to gain. He will be deported at the end of his sentence. He will likely be sent to a facility that regularly holds foreigners who are going to be deported. The education possibilities are pretty minimal.

j.locke
02-22-2011, 06:13 AM
bellisq thanks for the info.

Want I am try to find out is if the judge can give a sentence below the minimum sentence presented in the federal sentencing guidelines.

The thing is that in the same case, two co-conspirators that was already sentenced received both sentences below the minimum sentences that are presented in the sentencing guidelines, and they had signed the same type of plea agreement with the Gov and one of them was tried by the same judge as my friend.

One of the co-conspirator with an overall guideline range of level 12 got 6 months(time served) although the minimum sentence in the guidelines is 10 months

The other co-conspirator with an overall guideline range of level 21 got 27 months although the minimum sentence in the guidelines is 37 months.

So it it possible for the judge to go below the minimum sentence presented the guidelines?
And if he is allowed by law to do that, how lower he can go, as low as he want or there is a limit?

anonymous368
02-22-2011, 09:03 AM
If his lawyer can present mitigating factors that would result in a downward departure from the sentencing guidelines. After 2005, the supreme court indicated that the guidelines are only advisory and not mandatory so the judge can go as far below as he wants.

Momma Ann
02-22-2011, 09:08 AM
I would think the fact he is not a US citizen will play in here somewhere with ICE.

bellisq
02-22-2011, 06:34 PM
You can't evaluate by the plea agreements, it is all about the PSR and you won't ever know what is in the co-defentants' reports. And anon is right about mitigating circumstances although the language has changed and it is now referred to as a variance, in most circumstances.

PTO-97580
02-22-2011, 08:52 PM
Only that he will be deported after his sentence is completed. It wont have an affect on the sentence itself really


I would think the fact he is not a US citizen will play in here somewhere with ICE.

whitecollarwife
03-05-2011, 02:47 PM
It really depends on the judge. I know if my husband's judge had done a downward departure of 2 points my husband would have gotten a split sentence probation/home confinement, but the judge gave him just under the mandatory min for his sentence. The man min was 18-24 and the judge gave him 21.

I also think that right now people are angry about any sort of financial crimes because of the economic climate so judges aren't as quick to reduce points/sentences.

I don't know how many people fall under the "mitigating circumstances" thing?

So it really depends on the prosecutor, the judge, and how good of an attorney your friend hired. Also, is it possible that the other 2 people involved got reduced sentences because they hung your friend out to dry?

bellisq
03-05-2011, 05:31 PM
A mandatory minimum sentence can't get a downward departure, unless there is a cooperation agreement in the plea agreement. Even then, the defendant has to provide "valuable" information (the definition of valuable is determined by the prosecutor, but generally means they introduced a new person for charges or gave enough info to "force" someone else to take a plea.)

Mitigating circumstances is a broad term. It can be positive information about good deeds or medical issues or family problems or mental health issues; there is no restriction placed on this concept. Doesn't mean the judge reduces the sentence, but does give them reasons if they decide to do so.

j.locke, if there isn't a minimum mandatory sentence, the judge can go below the guidelines. Generally, judges are harsher with foreigners who commit crimes.

PrisonConsultnt
03-14-2011, 01:32 PM
First of all bellisq is right on with his feedback. It is very solid feedback. Especially with the fact that you can't go by the plea agreement. They are complete BS in my opinion. My plea was for 12-18 months. My PSR was for 70. I got the PSR. I am still in disbelief about that. And you also have no idea what your co-conspirators said. They may have said you were the main man and the judge could hit you harder. Don't get your hopes up but I do hope the best for you!!

j.locke
03-27-2011, 07:14 PM
Thank you all for your opinions. It seems the only thing to do is wait and see what the judge will say.
And thank you PrisonConsultnt for your fine words.