Hi,my names Vince,I am a male,35 years old and am going to federal prison because of a crooked ATF officer who tampered with evidence.Long story short,they took a semi-automatic rifle from my house and converted it to full-auto in their lab,came back 5 months later and charged me with making a machine gun.They were pissed because their informant had told them I had 20 machine gunes and pounds of pot.They found one old gun and about 3 joints.didnt even charge me for the pot,(probably to embarresed to go before a federal judge with a couple joints).But anyway,It's my word against theirs and we all know who the judge will beleive.So anyway, Hi everyone,I'm looking forward to talking with y'all.I've been reading posts here for a few days and you all seem so nice....KEEP HOPE ALIVE...

Hi Vince
Im a new vacationer also. Unfortunately, anyone who hasnt experienced the Federal prosecution mind set these days, wouldnt believe a thing we say. My AUSA's lied from the day they got the case and even on closing arguments, compared me with a convicted felon saying they did the right thing by pleading and I didnt by going to trial. Last time I checked, a trial by your peers, fat chance now a days, was in the constitution. Further more I got 2 points for testifying on my behalf, as they said I lied on the stand.

Hello and Welcome, Vince. You will find PTO to be a great source of information and support.

I am sorry that you are facing prison but there are many members who have been there themselves and will answer your questions.

Vince,
First, welcome to PTO. Sorry you even have a need to visit but still glad you found us.
Do you have a criminal record? (Felony) I did time for felon in possession. They didn't tamper with my "deer rifle" but still.. I don't have much respect for the ATF.. Other than I don't have guns around me any longer...

Any pictures or proof, etc about the weapon?

Sorry to hear about your deal..

Fed-X

Hi Vince,
Welcome to PTO! I will keep you in my prayers
Truly:Patty

No prier felony's,and I did have access to the search and sesure video the ATF made but it was of such poor quality that it didn't show much of the gun.I was also charged with possion of a machine gun and unlawfull user of marijuana in possion of a firearm,but these were dismissed when I pled to manufacturing a M-G.

What I'm wondering is if I qualify for the safty valve?since I'm not charged with posession or use of a firearm,just making one?

What I'm wondering is if I qualify for the safty valve?since I'm not charged with posession or use of a firearm,just making one?

The safety valve is specifically for drug offenses, so it wouldn't apply to your case. There are many other means of downward departure that could apply though. There's a good thread from a couple months back that details all of them. Just search for downward departure, and you should find it.

Welcome to PTO

Welcome to PTO Vince!

Glad you were able to find us!

Diane

right...now I read your story, I will just say HI again....glad to see you vince!!

Welcome to PTO Vince.

Govt agents: Gotta love em! Good luck with the Departures. I went in with seven valid Departures, but my Prosecution-loving, PROTECT Act-fearing Judge denied six of them.

Off to BOP in May for 24 months...

Kenammo
How did the 1 downward departure affect your sentence. What was your score before the rule 35. Dan

Dan,

My PSR was originally a 16, but the USPO buckled under the Prosecutor's objections and denied Acceptance of Responsibility, thus raising it to a 19. The Judge approved the 19 score but departed downward 2 points for Aberrent Behavior. He denied our other motions for departure.

I ended up with a score of 17, which put me in the 24-30 month range. Judge gave me 24 months, I surrender on 3 May, location still unknown.

Kenammo,what was your criminal history level? 1,2 or 3 ? and what did the judge consider Aberrent behavior ?I'm still waiting on my sentencing date so this info could be very important to me.

Welcome to PTO and yes, Keep hope alive...

Sheryl

Vince,
My criminal history level was 1 with zero priors. The judge considered the instant offense was due to my aberrent behavior (no planning, no leadership role, alcohol contributed to the offense, no continuous activities of this nature, et al...) my atty referenced below:

New U.S.S.G. '5K2.20 (effective Nov. 1, 2000) (departure for aberrant conduct authorized but only for a single criminal occurrence or single criminal transaction that was committed without significant planning, was of limited duration, and represented a marked deviation from an otherwise law abiding life. App. Note 1. Further, this departure is unavailable if (1) offense involved serious bodily injury or death, (2) use or discharge of a firearm, (3) a serious drug trafficking crime, or (4) the defendant has more than one criminal history point. Under this standard, The Sentencing Commission specifically rejected a rule that would have allowed a departure for aberrant behavior only in a case involving a single act that was spontaneous and seemingly thoughtless...The Commission saw the need to define aberrant behavior more flexibly and to slightly relax the single act" rule. United States v. Gonzalez, 2002 WL 188487 (2nd Cir. Feb. 7, 2002)

Keep in mind also that I was sentenced according to the 2000 Federal Sentencing Guidelines. I believe the rules are more stringent now, especially with the Feeney Amendment to the PROTECT Act.

Hope this helps!
KenAmmo

Thanks for the info, it might not apply to me but I'm looking at every thing that might help lower my sentence. Thanks again !

What kind of family support do all of you have? That will be an important factor once you go to camp snoopy.

Cloud,

My family will be with me in heart, prayers, and spirit. But since there's no federal confinement facility in Utah, It's unlikely that my family will be able to visit much (if at all).

I'll just try to keep myself as busy as possible so the 24 months might go by quicker!

Ken

I have the support of my Dad and Mom,as well as my brother, all of whom have good ties to the community.How can I use this to my advantage?

Personally, I am confused as to who is eligible and how eligibity is determined. My daughter had a base offense level of 36, that had further decreases and increases,resulting in a final base of 31. After adjustments for role in offense and acceptance of responsibility, she got a reduction to 26. The fial count was a level of 26, Criminal History Catagory 3 with a mandatory sentence of 120 months in Zone D of sentencing guidelines. But in our case, a compassionate and FAIR judge CHOSE to depart downward from the guidelines and even more downward from what the government was willing to accept. My daughter was facing 120 months to life with a $4,000,000.00 fine and received 81 months and a $100.00 fine. I realize it is not "usual" to receive departures, but I have to attest that is certainly POSSIBLE!