CNN reported yesterday that Sandra Day O'Conner believed her peers were responsible for [her] predicted 7.0 earthquake to hit the federal sentencing guidelines due to a 5-4 decision in Blakely v. Washington (state sentencing guidelines). The case is the first since Mistretta v. U.S. to question the sanctity of a prosecutorial biased sentencing system enacted 17 years ago.

ANYONE in the appeals process or within one year of judgment on a criminal federal matter, or any defendant awaiting indictment, plea, or sentence, should gain the assistance of a federal sentencing expert to assist them and their attorney in gaining access to this e-ticket on what promises to be a wild roller coaster ride. There is a time to wait and a time to act. NOW IS THE TIME TO ACT - and ACT QUICKLY before the Supreme Court determines to what extent the guidelines are constitutional.

After freeing more than 500 inmates through excellent and creative sentencing strategies (within and outside of the guidelines), national sentencing expert Ms. Brinton is excited now by the opportunity to harvest lots of victiories in the mitigation arena. :) Move your sentencing along as soon as possible.

Be aware statutes have not changed - just the guidelines are in questions - and not base offense levels so much as any upper adjustments or aggravating factors. Get the skinny from an expert and bury unjust prosecution.

ANYONE in the appeals process or within one year of judgment on a criminal federal matter, or any defendant awaiting indictment, plea, or sentence, should gain the assistance of a federal sentencing expert to assist them and their attorney in gaining access to this e-ticket on what promises to be a wild roller coaster ride. There is a time to wait and a time to act. NOW IS THE TIME TO ACT - and ACT QUICKLY before the Supreme Court determines to what extent the guidelines are constitutional.

After freeing more than 500 inmates through excellent and creative sentencing strategies (within and outside of the guidelines), national sentencing expert Joy Brinton is excited now by the opportunity to harvest lots of victiories in the mitigation arena. :) Move your sentencing along as soon as possible.

You've helped 500, but how many were you NOT able to help?
Be aware statutes have not changed - just the guidelines are in questions - and not base offense levels so much as any upper adjustments or aggravating factors. Get the skinny from an expert and bury unjust prosecution.


Joy Brinton

Out of curiousity, what does it cost to get "the skinny"? And what will it cost if it is determined that nothing can be done?

I'm sorry, I didn't mean to sound so tacky, it's just that how can pushing for people to ACT NOW be logical when no one in the court system knows what to do?

Can appeals be filed now based on blakley v washington even if the sentence was issued in 2002? Thanks.

Can appeals be filed now based on blakley v washington even if the sentence was issued in 2002? Thanks.


Chery, no one knows what is going to happen with Blakely. This link may help somewhat. According to the experts, the Court will probably try to limit Blakely retroactively. My husband was sentenced in 2003, so I would love to know the answer also, but truth is it is just a wait and see game right now. Everything is speculation until the Supreme Court has it's say.

http://64.233.179.104/search?q=cache:t7qdNaLP9_0J:sentencing.typepad.com/sentencing_law_and_policy/2004/07/thoughts_and_ho.html+blakely+retroactive&hl=en&start=1

Acutally the only cases that I have not succeeded on were those where the defendant lied and things backfired. Most everyone I work with I help primarily because I only take cases I know I can make a difference on.

I offer my experience and opinion for free. The reason I'm worthy of trust is that I am not an attorney ;) and I am passionate about my work which is mitigation...making punishment fit the crime. One of my recent victories was with a guy who found me on this site. In his case, he decided to retain me to help his attorney negotiate a plea and then write a sentencing brief. The judge went with the mitigation in the brief and opposed the career criminal category. He used a cooperation issue to go down 80% lower than the government recommended 150 months off a 248 month sentence. It's all about faith. I prepare the defendant for the worse and then teach him to increase his faith and expect the best but you have to tell the truth.:thumbsup:

The circuits are currently split in regards to Blakely - the reason you want to act now is, in the circuits that have ruled the guidelines unconconsitutional, there is opportunity for unarguable mitigation. For instance in the Ninth circuit, I have a fraud case where the normal aggravating factors to do with # of victims, type of victims, etc. etc cannot be added to the base offense level period. No aggravating factors are currently allowed in at sentencing unless they were found true by a jury, or a defendant admitted to them specifically in the plea agreement.

When the U.S. Supreme Court rules on the current cert (appeal) it recently accepted - probably this fall - they could rule that Blakely does not affect the U.S. Sentencing Guidelines in which case only those cases that were sentenced inbetween will stand. The Government will not have the time or money to appeal everyone of those cases. However, no new cases will be able to utilize those grounds. Hope that helps.



Out of curiousity, what does it cost to get "the skinny"? And what will it cost if it is determined that nothing can be done?

I'm sorry, I didn't mean to sound so tacky, it's just that how can pushing for people to ACT NOW be logical when no one in the court system knows what to do?

YES! BUT you can only file a writ Title 28 U.S.C. 2255 one year from the last court decision. So - if the defendant was sentenced in 2002, appealed before his circuit and no decision was currently issued OR the date of the opinion is within one year THEN you can file a writ appeal.



Can appeals be filed now based on blakley v washington even if the sentence was issued in 2002? Thanks.

I don't know what circuit your husband was sentenced on but a wait and see response is not helpful IF your circuit ruled the guidelines unconsititutional because of Blakely. The present circuits issuing opinions so far in support of Blakely are, 7th, 8th, 9th circuits. The 5th, 6th ruled against Blakely.

I'd be happy to answer any questions you have.
Joy



Chery, no one knows what is going to happen with Blakely. This link may help somewhat. According to the experts, the Court will probably try to limit Blakely retroactively. My husband was sentenced in 2003, so I would love to know the answer also, but truth is it is just a wait and see game right now. Everything is speculation until the Supreme Court has it's say.

http://64.233.179.104/search?q=cache:t7qdNaLP9_0J:sentencing.typepad.com/sentencing_law_and_policy/2004/07/thoughts_and_ho.html+blakely+retroactive&hl=en&start=1

Thank you so much Joy for responding. Again, I apologize for sounding "snippy". What you are saying makes sense. My husband was sentenced Oct of 2003 in the 5th District. Since the 5th ruled Blakely doesn't apply, is there any reason to file a 2255? Do you file those or do you have to be a lawyer?

No apology is necessary. I too am dissappointed that so many lawyers keep individuals in the dark so that A, they avoid misconduct charges and B, so that they can keep asking for more money. I would keep a close watch on things - if the supreme court doesn't hand out an opinion before your due date on the writ - I would go ahead and file the application and then you don't loose out on your opportunity in case things go our way. You have one year to file from the date of the sentence so your drop dead date on filing would be October ?, 2004. You may have other issues you can file under ineffective assistance of counsel on... In order to objectively look at it - you would need to review the sentencing transcript, judgment and commitment order, PSR, Indictment and plea agreeement if applicable. If I were you I would order the sentencing transcript now so you are ready if you decide to file. No you don't need a lawyer to file.
Joy

Ho w do you get a transcript of your sentencing hearing??? My attorney still does not have copies for me and it has been since 6/24...I report on 8/25 and would very much like to see it incase I have ????
Thanks,
Dawn

Dawn,

I had to call the court house and ask for the court reporter and request a copy of my husband's. I can't remember what it cost. Seems like it was $80 something to have it expeditated.

Wow, a thread for advertising. How novel. Shame shame Joy. Just a thought but perhaps you might want to troll and harvest in more traditional ways...like word of mouth.. You know where OTHER people say how good you are rather than YOU say how good you are.

In the 17the century we had alchemists; in the 18th, snake oil salesmen, in the 19th century the birth of Republicans...now, in the 20th and 21st we have prison consultants. Glad to see nothing has changed. I for one suggest that you sell hope elsewhere.

Joy is a PTO site supporter / advertiser and has also helped with the Con-Tact News, dealing with Blakely I believe. I'm tired and it is late but scanning over this thread doesn't show me any place where she is "trolling for clients". I don't see "call me and I will save you" or URL's, Emails etc.

I understand we have had problems with people showing up hunting for clients but please give everyone a chance to show what they are about... We might learn from the information that is shared, free of charge.

David

I'm sorry Fed-X, but I must disagree with you and agree with John Webster. Not only are Advocate's statements clearly direct solicitation under the Rules of Professional Responsibility in any state, but her initial thread even implies that she is a lawyer by calling herself an "expert" and an "advocate." It isn't until her replies that she makes clear that she is not a lawyer.

I for one do not feel that "expert" or "advocate" either one imply that she is a lawyer....I personally love the advice she has given me so far...
Joy..I am glad you are here....you have good advice to offer!!! Thank you
Dawn

I for one am an advocate for prisoners rights, I also advocate for deaf children's rights (have one of my own) have spent countless hours lobbying for increased special ed teachers pay, better school facilities, and interpreters, and I also consider myself an expert on much info on both, (all learned at the school of hard-knocks) doesn't mean I am advertising anything just because I say so....I am sure NOT a lawyer. (I probably wouldn't admit that even if i were one..lol)

Anyway, thanks for the info Joy!

Maybe a dictionary definition would help in understanding what an advocate is. In juvenile court, family law, counseling psychology, paralegal licensing - advocates are rarely ever attorneys. If I am solliciting in replies - it is for pro bono work, ask around!I actually am blessed with much prosperity and it's becoz I freely give to others. Cultivate love!
Advocate
(n.) One who pleads the cause of another. Specifically: One who pleads the cause of another before a tribunal or judicial court.
(n.) One who defends, vindicates, or espouses any cause by argument; a pleader; as, an advocate of free trade, an advocate of truth.
(n.) Christ, considered as an intercessor.
(n.) To plead in favor of; to defend by argument, before a tribunal or the public; to support, vindicate, or recommend publicly.
(v. i.) To act as advocate.

ANYONE in the appeals process or within one year of judgment on a criminal federal matter, or any defendant awaiting indictment, plea, or sentence, should gain the assistance of a federal sentencing expert to ASSIST them and their attorney
national sentencing expert Ms. Brinton is excited now by the opportunity to harvest lots of victiories in the mitigation arena. :) Move your sentencing along as soon as possible.

Get the skinny from an expert and bury unjust prosecution.

The above quote is why I thought this was solicitation. The advice you give here in the forum is free. And I do appreciate what you've posted. But if someone calls you to ASSIST (or give advice such as what you are doing here) them in sentencing, sentence reductions, or whatever, is that still free?
Giving free advice is one thing, but aren't you truly doing this in hopes that you will gain clients to use your services, which aren't for free? I guess I'm a cynical person, or very cautious. You gotta be when you deal with this system.

Here is my cut on the subject: Mnay people dont know that sentencing consultants even exist and Joy's presence here can let them know that there is an entire industry out there willing to help them for a fee. They can also provide good and different insights as well. For that part, I thank Joy and some of the other consultants that frequent PTO.

However, I look askance at anyone that is a self professed expert in an area with no certification or licensure procedure. Moreover, using the screen name "Advocate" appears to suggest to many that she is a lawyer. Probably a "no harm no foul" since it would only be a matter of time before a potential client finds out the she is not a lawyer. However, one who suggests that they can "bury" an unjust prosecution or who claims to be in a position to "harvest" victories is advertising.----nothing more, nothing less. As such, it is my opinion that advertisers should be duly noted

I agree with John Webster that it certainly sounded like a solicitation for business to me. I too applaud that there are people who are willing to assist inmates in sentencing calculations but to refer to yourself as an advocate and then act as though you don't know that in legal circles that means lawyer is disingenuous. My question is how much does a full sentencing guideline "brief"/"recommendation"/whatever cost, since it appears from the threads that it is now completely free. If so, several inmates should be calling.

I have never ever thought that the word advocate and lawyer to be the same thing.