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  #1  
Old 10-31-2010, 02:36 PM
visions5270 visions5270 is offline
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Default 2 point enhancement

My son is in a federal prison in Florence, Colorado. He was sentenced over a year ago. His sentence was to be reduced if he went to drug classes. He has been waiting to get in, and now that it's his turn, his counselor told him he has a two point enhancement. She said he can't get his sentence reduced now.
He was imprisoned on conspiracy charges because he introduced a known drug dealer to some of his friends. The drug dealer was caught and used my son to get his sentence reduced. Now after a year+ they are telling him he has a 2 point enhancement because the drug dealer had a gun with him when he sold drugs. This was not mentioned when he received his sentence. I am so confused. Does anyone know anything about this subject? Any information would be greatly appreciated.
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Last edited by visions5270; 10-31-2010 at 02:42 PM.. Reason: incorrect word
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Old 10-31-2010, 11:28 PM
Zelda50 Zelda50 is offline
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They don't give time cuts with gun enhancements - but in some cases inmates have filed in Court and gotten it. But they had to exhaust their adminstrative remedies first. He needs to file a grievance at each level up the line until he can't go any higher. Then, since he's in Florence, he could either contact the local Federal Defender's office to see if a lawyer would help him - or he could also try contacting the Law School Clinic at the Denver University School of Law. Inmates have to fight to try to get the time off - but he also has to go ahead and do the program while he's trying to get the time cut. He can't file if he doesn't do the program. A lot of inmates just don't think it's worth the battle to try. The outcome has been different in different regions of the country.
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Old 10-31-2010, 11:32 PM
Zelda50 Zelda50 is offline
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For example:


Gunn vs. Lappin. A U.S. District Court decision in New Jersey regarding Habeas petition challening denial of time off sentence due to gun conviction (Felon in Possession of Firearm).

http://www.leagle.com/xmlResult.aspx...WAR3-2007-CURR

Here is a successful 9th Circuit case:

http://www.ca9.uscourts.gov/datastor...20/0635855.pdf

And here's a good little article about it. Note the part about filing for "Administrative Remedies."
http://circuit9.blogspot.com/2008/02...-bop-rule.html

And this shows how U.S. District Courts in other Circuits are reaching a different conclusion, despite the 9th Circuit ruling.
http://findarticles.com/p/articles/m.../ai_n31017659/
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Old 11-01-2010, 01:25 PM
bellisq bellisq is offline
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Focusing only on the year off from RDAP misses the point. This is the only program that has been effective in reducing recidivism. If your son takes this program, he stands a much better chance of staying straight, of not re-offending and of having a better life. This is the real value of the program, the time off is important too, but the rest of his life will likely be better if he participates.
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