hi everyone , i initially introduced myself on the other deal but this is the one i really need help on, i really need some prayers, my husband is due up for sentencing on thursday 29th july, at first we were told to hope for 3 years now it has been raised to 8-9???? he just received his psi and weights and measures have been changed to a LOT , original charge was manufacturing methamphetamine, he plead out to over 5 gms but under 10, now they say that because of different substances they took they have raised the amount to 112.2 grams, ,they didn't find any actual powder form of anything only jars of different liquids, my husband did'nt really have a clue as to what he was trying to do....anyway , i need some help on writing a letter to the judge, as to what to say or not to say how long or short should it be, we have been married for 14 years and have 4 young children 8-9 years would be devastating to all of us , please help...
thankyou
karen

Karen,

Hello from another Midlander!! Bless your heart, I know what you are going through. I'm going to PM you with some information.

Karen
Sounds like a Blakely issue all the way....PM Me and I will explain.

Dan

Our circuit has ruled that Blakely does not apply to Federal guidelines. We are in the heart of Bush country, actually we live in the same town he grew up in. This district is hard on drug offenders (forget that Bush had a little snorting problem......guess he didn't swallow when he snorted like Clinton didn't inhale) I'm probably going to get in trouble for that comment, but it's been one of those days...If our circuit says Blakely doesn't apply, how can the lower courts disagree??

Kim

Hi Karen,welcome.I just wanted to tell you that I saw somewhere a clause that one lawyer used in a case that moisture in a drug has to be removed before weight can be determined,except for liquid LSD.I'll try to find more info for you.

http://www.ussc.gov/2003guid/2d1_1.htm check out this link,about halfway down,just below the DRUG QUANITY TABLES you'll see where it says "commentary" in the middle of the page and just under it is "application notes" READ PARAGRAPH 1 !!!! It says: mixture or substance does not include any substance that must be seperated from the controlled substance before the controlled substance can be used,this includes waste water from an illicit labratory used to manufacture a controlled substance.

Welcome Karen! I'm sure you'll find this site very beneficial!

Lady H.

Hi Karen and welcome to PTO. The following info is from a different circuit than Texas but it might help. Give the info to the attorney handling your husbands case. This came from FAMM's summer 2004 newletters.

United States v. Stewart,361 F.3d 373 (7th Cir.,2004)

In United States v. Steward, the 7th Circuit Court of Appeals held that a sentencing court may use only the amount of pure drug contained in an unusable solution in determining drug quantity under statues requiring minimum sentences.

The defendant was sentenced to a 10 year mandatory minimum for conspiring to manufacture methamphetamine. The sentencing court considered the weight of an inconsumable solution produced during an unsucessful attempt to create methamphetamine. Actual methamphetamine constituted only a small portion of the solution. If the solution had not been counted, the defendant would not have been subject to the mandatory minimum.

The Court of Appeals vacated the defendant's sentence and held that only usable quantities of substance can be used to determine drug weight for sentencing.

I wish you and your family the best possible outcome possible. If they still use the heavier weight therefore giving him a higher sentence, perhaps this info can be used for an appeal.

hi everyone , just wanted to thankyou all for the help , you have been great, kim , thankyou for talking to me for hours! on the phone,, i have found some great info from y'alls leads and hopefully it will help , i am running out of time but have everything printed out and ready for the lawyer in the morning, will be visiting hubby wed @ 12.00, will let you all know how we get on
thanks again from
me and the munchkins !!!

******{Karen}}}}

This place is a GREAT place to come to when you need to reach out, laugh, cry, blow off steam or find information. It's been a Godsend for me. Go in hoping for the best, but prepared for anything. Hold your head up high (and your temper in check lol) Your letter to the judge was very touching and well worded. I hope it helps. You and yours are in my thoughts and prayers. I'll be around tomorrow.....if not I'll have my cell phone...fully charged this time :D

Kim

Karen
I got your PM. The only thing you can do at sentencing is have your attorney raise the Blakely issues and preserve your right regardless of what your circuit of appeals has said because the ultimate decision lies with the supreme court. but the issue must be raised at sentencing and you have 10 days to enter a notice of appeal. If you can not afford an appeals attorney then have the judge declare you unable to pay and they will asssign an attorney from the CJA.

Dan

Hi Karen,

It appears you have the info you need. Good Luck tomorrow and keep us informed. I wish you well!

hi everyone, well yesterday was the day , we got 46 months, THAKYOU LORD!!! , the judge didn't hold the increased amounts, boy was Parras mad !!! my letter to the judge definately made an impact,,the judge actually thanked my husband for serving in the air force, we still had a lot of tears, they reccommended he go to big spring and then to dallas for the drug program,so now i need to know the calculations:-) 46 months, subtract 6 months time served 54 days per year, dpap time ? halfway house, what does that leave? then when lera passes he should be home? when?
oh he also got 5 years supervised release, and the $100 mandatory assessment fee....... but its not over with yet, he still has state charges of vop,and 6 counts of child endangerment, he did have 6 points added for children being in the vicinity on his fed charges but the judge took them off, will they still be held up on his state???
i can't remember what his points and category was reduced to but i do know that when he went into the court room he was at 38 points in category 2
giving areccomendation of 188 months -232 months, i think everyone was praying for him because the right person heard them all :-)
thankyou guys
karen and kids....

Good luck with everything. Maybe he can get lucky and get a medium or low/camp. My husband has been in the system for 13 years with life to go for Conspiracy to possess with intent to distribute. I don't understand sentences like that because he was never charged with possession, he was never caught with anything. Anyway, I'm glad you were in a different district court than my husband was in or you would be in bad shape right now. I know it's a long time to you but it will go by .... you just wake up and go through the day and before you know it you will be waking up on his release date.