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  #1  
Old 11-30-2008, 04:43 AM
jasonlv jasonlv is offline
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Default Base offense level 8, first offense.. jail?

Hey everyone,

My sentencing date is getting close & I'm starting to get worried.. according to the deal my base offense level is 8 & the usa recommends the low end of the guidlines (0-6 months) & no enhancements..

It is my first offense (drugs), no one else was involved.. no firearms, nothing violent...

I guess it all depends on the PSI & the judge but what do you guys think the chances are the judge will agree with the usa & sentence me to probation?

What about home confinement? How does one request this if I he did sentence me to jail time? I work from home online & have no problem being locked in my house all day - I pretty much am here all day anyway.

I know nobody can answer me for sure, but any comments & thoughts are welcome.
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  #2  
Old 11-30-2008, 09:27 AM
dundunnit dundunnit is offline
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Jasonly, Since you are in the Las Vegas juristiction you most likely will be receiving a light sentence with your described history and points(or lack of points) If you are are sentenced to any time at all you will most likely be designated to a private facility located in the central california desert 29 miles north of Bakersfield. It is the Vegas dumping ground for the folks in Grand Prarie Texas who are the authority in the "BOP designation process". This camp is one of the best spots a low or in your case a bottom of the security level offender can go. very little politics and you can smoke if you choose to the food is ok lots of rice and beans and boiled shredded chicken tortillas etc. the low facility next door is INS so you as a camper get to enjoy the purchase of their needs to satisfy thier population as the camp next door comes 2nd in priority, although you have one of the most diverse populations at that camp from mayors and senators aids, white collar to guys( Inmates) that have come down in thier security level that have the history of any and all offenses in exception to violent and sexual crimes. Your math looks like a toss between HH and home confinement combo or up to 1 year and a day by most of the Vegas sentencing history I have witnessed for the past 3 years. YOU WILL BE FINE!

Last edited by dundunnit; 11-30-2008 at 09:30 AM..
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  #3  
Old 11-30-2008, 09:59 AM
Baby Girl27 Baby Girl27 is offline
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I am not an attorney, but with a base offense level of 8 you just may get probation. That is only my opinion. The PSI is the only way to be sure of your base offense level. Regardless, your chance for probation is very possible. Many people only DREAM of a low offense level such as 8.
Try to relax it will be over soon. Keep us posted.
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  #4  
Old 11-30-2008, 11:23 AM
bellisq bellisq is offline
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Do you get points off for acceptance of responsibility? Are there any factors that would increase the base offense level? Is your case stand alone or part of a conspiracy? With an offense level of 8 (determined by the PSR), you will get probation. Base offense level is the starting point and you have to look at the other factors that are considered.

http://www.ussc.gov/2007guid/CHAP5.html

Last edited by bellisq; 11-30-2008 at 11:24 AM..
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Old 11-30-2008, 12:32 PM
dundunnit dundunnit is offline
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Quote:
Originally Posted by dundunnit View Post
Jasonly, Since you are in the Las Vegas juristiction you most likely will be receiving a light sentence with your described history and points(or lack of points) If you are are sentenced to any time at all you will most likely be designated to a private facility located in the central california desert 29 miles north of Bakersfield. It is the Vegas dumping ground for the folks in Grand Prarie Texas who are the authority in the "BOP designation process". This camp is one of the best spots a low or in your case a bottom of the security level offender can go. very little politics and you can smoke if you choose to the food is ok lots of rice and beans and boiled shredded chicken tortillas etc. the low facility next door is INS so you as a camper get to enjoy the purchase of their needs to satisfy thier population as the camp next door comes 2nd in priority, although you have one of the most diverse populations at that camp from mayors and senators aids, white collar to guys( Inmates) that have come down in thier security level that have the history of any and all offenses in exception to violent and sexual crimes. Your math looks like a toss between HH and home confinement combo or up to 1 year and a day by most of the Vegas sentencing history I have witnessed for the past 3 years. YOU WILL BE FINE!
Jasonly I apologize as I read it as (18) and was not getting the 0-6 and was siting the very liberal and favorable sentences that have been the norm from Judges George,Dawson ,Pro and I believe Mahan and the honcho Chief Jus. Hunt all of which were off the board in many cases in regards to what we deemed in the L.Library as really fair sentences and reasonable for the majority of the Las vegas offenders that were about 4% of the camps population of 575. Again I apologize.
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  #6  
Old 11-30-2008, 09:10 PM
jasonlv jasonlv is offline
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Quote:
Originally Posted by bellisq View Post
Do you get points off for acceptance of responsibility? Are there any factors that would increase the base offense level? Is your case stand alone or part of a conspiracy? With an offense level of 8 (determined by the PSR), you will get probation. Base offense level is the starting point and you have to look at the other factors that are considered.
hey there, yeah actually there is a 2 point deduction for acceptance of responsibility so if i get that i would be down to a 6

there aren't any other factors that could increase the baseline (that i know of!) offense level, no one else was involved, no $ was made illegally or anything like that... in a nutshell i just tried to buy something online that was intercepted by customs & resulted in all of this

i hopefully get to see the psi report soon, i gave everything i possibly could to the officer & have been following up with him to make sure there isn't anything else he may need
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  #7  
Old 11-30-2008, 09:11 PM
jasonlv jasonlv is offline
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Quote:
Originally Posted by dundunnit View Post
Jasonly I apologize as I read it as (18) and was not getting the 0-6 and was siting the very liberal and favorable sentences that have been the norm from Judges George,Dawson ,Pro and I believe Mahan and the honcho Chief Jus. Hunt all of which were off the board in many cases in regards to what we deemed in the L.Library as really fair sentences and reasonable for the majority of the Las vegas offenders that were about 4% of the camps population of 575. Again I apologize.
no worries, thanks a lot for the information.. i do realize every case is different but sometimes it just helps to read what other people with experience think (whether good or bad).

thank you again
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  #8  
Old 11-30-2008, 09:13 PM
jasonlv jasonlv is offline
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Quote:
Originally Posted by Baby Girl27 View Post
I am not an attorney, but with a base offense level of 8 you just may get probation. That is only my opinion. The PSI is the only way to be sure of your base offense level. Regardless, your chance for probation is very possible. Many people only DREAM of a low offense level such as 8.
Try to relax it will be over soon. Keep us posted.
thank you, i have bookmarked this post & will definitely keep you all updated... i appreciate you taking the time to share your thoughts
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  #9  
Old 01-21-2009, 04:59 PM
jasonlv jasonlv is offline
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Just came back to update you all

My sentencing was yesterday. I received 3 years of supervised probation and a fine of $1000.

The judge (Philip Pro) never once came across as the typical "angry" judge I pictured in my head. From entering my plea to receiving sentencing he was very much a decent & respectable man.

A woman sentenced before me was in an unfortunate circumstance where her conviction (probation as well) would lead to her losing her job. He understood this but still wouldn't budge as to her lawyers request of not informing her employer. However, the way he handled it was sincere and not rude in the slightest. He just explained why it was not possible & how it would place her employer in danger (healthcare).

I haven't been in front of a lot of judges but I'm assuming that this type of calm, rational explanation of these things is rare.

In any case, I'm looking forward to putting this all behind me.

My only complaint about the entire process is the waiting & uncertanty of it all. That alone should qualify for time served in many cases. I just wanted to get it over with, whether it was probation or jail I was going nuts by the 2nd month. My investigation started in October of 2007 and is just wrapping up now. From my understanding the courts have up to 7 years to investigate. 7 years!

When the feds bust in your house at 8am, put guns in your face & take all sorts of things and you can't get any significant information for almost a year at all other than "it is still under investigation" you can't help but expect the worst. Who knows what kind of plea you'll be offered. Will you be offered a plea? What are they looking for? What do they think I'm doing? Are they going to make an example out of me? It is mental torture.

How can people live a normal life, start a business, go to school, or plan a family when in the back of your mind you know you might be removed from society for who knows how long.


As for everyone else here dealing with this, possibly facing much harsher penalties or standing by a loved one & waiting for them to come home, I wish you all the best.

Last edited by jasonlv; 01-21-2009 at 05:03 PM..
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  #10  
Old 01-21-2009, 06:31 PM
chrisatlanta chrisatlanta is offline
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Congratulations on probation.....you are so correct about not being able to move forward with your life.........they take their own sweet time and leave your life in limbo......anyway, move forward and get through this, stay above the law, and get your life in order........you were one of the lucky ones on this site........
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Old 01-21-2009, 07:16 PM
Zelda50 Zelda50 is offline
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I'm glad to hear the judge was respectful.
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  #12  
Old 01-21-2009, 07:21 PM
Stangloverswife Stangloverswife is offline
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congrats on no jail time
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  #13  
Old 01-21-2009, 09:19 PM
dundunnit dundunnit is offline
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Outstanding! I am glad it worked out well,Gotta love Vegas! And Judge Pro.
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  #14  
Old 01-24-2009, 01:54 AM
bigj bigj is offline
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congrats to you,, and yes, I think the waiting is the worst. I feel like I have cuffs on all the time and cant wait to just go rest now
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