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  #1  
Old 06-03-2020, 08:02 AM
YOGA62 YOGA62 is offline
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Default Federal Case: Is Sentencing Memorandum Optional?

A person had a deadline of June 2 for Sentencing Memorandum to be filed. The prosecution did not file one. Does anyone know if they are optional? Maybe the prosecutor doesn't disagree with the PSR so no Sentencing Memo? It was due by June 2 per the judge. Sentencing is June 11. So worried.

Below is some of the language from the court order.


5. In accordance with USSG §6Al.2, after receipt of the presentence report and no later than May 11, 2020, counsel for each party shall present to the probation officer, in writing, any objections to be relied upon at sentencing and, if there is a dispute over any material in the presentence report, counsel shall meet with the probation officer and attempt to resolve disputes informally by diligent good faith effort. Any requests for extensions oftime to present objections to the probation officer must be granted by the Court. Extensions will not be granted absent compelling reasons.

8. If the objections made pursuant to ,i 5 are not resolved and counsel wishes the Court to address them, the objecting party shall submit all unresolved objections and a sentencing memorandum to the Court no later than June 2, 2020. The Court will resolve disputes in accordance with §6Al.3 ofthe guidelines at the sentencing hearing.
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  #2  
Old 06-03-2020, 08:33 AM
YOGA62 YOGA62 is offline
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Default Optional Sentencing Memorandum

I just learned that the Sentencing Memorandum are optional and it is not unusual for the prosecutor to not file one. The federal probation officer gave me the answer. 8 days till the sentencing. Counting down now.



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Originally Posted by YOGA62 View Post
A person had a deadline of June 2 for Sentencing Memorandum to be filed. The prosecution did not file one. Does anyone know if they are optional? Maybe the prosecutor doesn't disagree with the PSR so no Sentencing Memo? It was due by June 2 per the judge. Sentencing is June 11. So worried.

Below is some of the language from the court order.


5. In accordance with USSG §6Al.2, after receipt of the presentence report and no later than May 11, 2020, counsel for each party shall present to the probation officer, in writing, any objections to be relied upon at sentencing and, if there is a dispute over any material in the presentence report, counsel shall meet with the probation officer and attempt to resolve disputes informally by diligent good faith effort. Any requests for extensions oftime to present objections to the probation officer must be granted by the Court. Extensions will not be granted absent compelling reasons.

8. If the objections made pursuant to ,i 5 are not resolved and counsel wishes the Court to address them, the objecting party shall submit all unresolved objections and a sentencing memorandum to the Court no later than June 2, 2020. The Court will resolve disputes in accordance with §6Al.3 ofthe guidelines at the sentencing hearing.
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  #3  
Old 06-03-2020, 10:22 AM
enigmaingr enigmaingr is offline
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Sentencing memorandums are optional. Per the language in the standard orders, a sentencing memorandum addresses objections to guideline scoring or to other factors relied upon in the PSIR. If there is no objections, there is no need for a memorandum.
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Old 06-03-2020, 11:39 AM
YOGA62 YOGA62 is offline
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Default Objections to Sentencing Memorandum

Hi Enigmaingr-

So the Defender asks for a departure of Federal Probation for 5 years. Her total offense level of 17 and a criminal history category of II. The guideline imprisonment range is 27 months to 33 months.

The defender is asking for federal probation for 5 years due to her health issues and that she has been in a sober living program for one year and stating she is sober and has one of her daughters, age 7 with her. She went to jury trial found guilty of Robbery and Conspiracy Robbery.

Do you think judge will stay in guidelines of 27-33 months? I believe if the Prosecutor OBJECTS then he is to file his OBJECTION by June 5 per the court order.

The other 3 codefendants pled guilty, got 11.7 years, 6.5 years and my son is facing 10-12 years with only 3 or 1 criminal points.

Thanks for the help. I am so worried. She has my granddaughter and many feel she is just laying low, then will return to her drug/criminal life after this sentence hearing if not sent to federal prison.


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Originally Posted by enigmaingr View Post
Sentencing memorandums are optional. Per the language in the standard orders, a sentencing memorandum addresses objections to guideline scoring or to other factors relied upon in the PSIR. If there is no objections, there is no need for a memorandum.
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  #5  
Old 06-03-2020, 01:39 PM
Girl22472 Girl22472 is offline
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Quote:
Originally Posted by YOGA62 View Post
Hi Enigmaingr-

So the Defender asks for a departure of Federal Probation for 5 years. Her total offense level of 17 and a criminal history category of II. The guideline imprisonment range is 27 months to 33 months.

The defender is asking for federal probation for 5 years due to her health issues and that she has been in a sober living program for one year and stating she is sober and has one of her daughters, age 7 with her. She went to jury trial found guilty of Robbery and Conspiracy Robbery.

Do you think judge will stay in guidelines of 27-33 months? I believe if the Prosecutor OBJECTS then he is to file his OBJECTION by June 5 per the court order.

The other 3 codefendants pled guilty, got 11.7 years, 6.5 years and my son is facing 10-12 years with only 3 or 1 criminal points.

Thanks for the help. I am so worried. She has my granddaughter and many feel she is just laying low, then will return to her drug/criminal life after this sentence hearing if not sent to federal prison.
No one can tell you exactly what the judge will do. He could take the fact that she took the case to trial and give her the max in the guidelines. He could look at the other mitigating things including the sober living and determine that she should get probation. Reality is she's going to get a lot more therapy help on the outside than she'll ever get inside. To add to the the likely only reason she would get the 33 months is if the judge is ticked off at her and still she'll only likely serve two years. She'll no sooner get in and they will be starting to prepare for her release. With everything going on in the BOP right now the judge could look at it as a waste of time. It appears that although she took her case to trial her charges were not the same as the other defendants so it is not necessarily fair to compare their sentences to hers since her guideline max is less than 3 years.
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  #6  
Old 06-03-2020, 04:33 PM
YOGA62 YOGA62 is offline
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Thanks and you are correct. She was not found guilty by the jury of the gun charge. She knew of the guns but they did not prove beyond a reasonable doubt that she knew the two men had guns during the conspiracy to rob. So she got lucky. But she lied about her story and she assisted in the robbery. She has a criminal history of selling heroin and a felony.

I see your points and maybe the judge allows her federal probation. I worry for my granddaughter and her half sister. I worry about recidivism but there is nothing I can do about any of it. All up to the judge. She was convicted of robbery and conspiracy robbery, two counts.

So is the 27-33 months for each count? I think so. Robbery conviction count 2 and conspiracy to commit robbery count 1, believe each carry 27-33 months. But not sure....



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Originally Posted by Girl22472 View Post
No one can tell you exactly what the judge will do. He could take the fact that she took the case to trial and give her the max in the guidelines. He could look at the other mitigating things including the sober living and determine that she should get probation. Reality is she's going to get a lot more therapy help on the outside than she'll ever get inside. To add to the the likely only reason she would get the 33 months is if the judge is ticked off at her and still she'll only likely serve two years. She'll no sooner get in and they will be starting to prepare for her release. With everything going on in the BOP right now the judge could look at it as a waste of time. It appears that although she took her case to trial her charges were not the same as the other defendants so it is not necessarily fair to compare their sentences to hers since her guideline max is less than 3 years.
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  #7  
Old 06-03-2020, 04:44 PM
Girl22472 Girl22472 is offline
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Quote:
Originally Posted by YOGA62 View Post
Thanks and you are correct. She was not found guilty by the jury of the gun charge. She knew of the guns but they did not prove beyond a reasonable doubt that she knew the two men had guns during the conspiracy to rob. So she got lucky. But she lied about her story and she assisted in the robbery. She has a criminal history of selling heroin and a felony.

I see your points and maybe the judge allows her federal probation. I worry for my granddaughter and her half sister. I worry about recidivism but there is nothing I can do about any of it. All up to the judge. She was convicted of robbery and conspiracy robbery, two counts.

So is the 27-33 months for each count? I think so. Robbery conviction count 2 and conspiracy to commit robbery count 1, believe each carry 27-33 months. But not sure....
Again that is up to the judge... even if all 3 each carried 27-33 the judge could order her sentence to run concurrent, meaning all together which means she still would serve the highest month... I mean if she gets say 30 months for each of the two robberies and 20 months for the conspiracy she's still going to be sentenced technically to ONE 30 month term if they are concurrent. If the judge is mad and doesn't believe her he could do say 3 30 month sentences to run consecutively and then her sentence would be 90 months. The latter isn't likely but not out of the realm of possibility.

As far as the fact that there is a worry she'll relapse... that is always a concern when it comes to addicts.
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Old 06-03-2020, 05:10 PM
fbopnomore fbopnomore is online now
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You will have to read the PO's report to accurately interpret the sentencing guideline computation, but the range selected under the federal sentencing guidelines, at least in all of the ones I've been involved with, covered the entire charged crimes/indictment.

Your lawyer will know if your specific federal judicial district court allows access to the entire presentence investigation report, or not. Example, The US Western Judicial District of North Carolina court has a "local rule 32.1" that withholds the entire probation officer's sentence recommendation section of the report from the defendant, it only goes to the judge. It's hard to argue PO mistakes by concealing any of the PO's "embellishments/errors" from the defense team.
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  #9  
Old 06-03-2020, 08:10 PM
YOGA62 YOGA62 is offline
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Default PSR

HI FBOPNOMORE

I am not the defendant so I don't get to see the PSR at all. My son is a defendant and his was all sealed including the sentencing memorandum because of the content about codefendants.

My son's ex girlfriend, the mother of my little 7 yr old granddaughter, is the 4th codefendant that went to jury trial (the other 3 pled guilty). Yet she has been on release in a sober living facility with my granddaughter there since last August. She is playing the game to get through on suboxone and clonopin and other drugs to keep her off meth and heroin. She has not done drug tests in months due to the virus nor gone to drug treatment court.

So I don't get to read anything except her attorney's sentencing memorandum that states she should get 5 years federal probation because of her variety of medical conditions, rheumatoid arthritis claim at 27, scoliosis, some genetic issue, her car accident and back pain. That she has been such a huge success at rehab that she should be given probation.

All I am saying is 3 men have to go to prison for 12, 6.5 and possibly 10-12 years, while all she gets is probation? That seems extremely unfair especially to my granddaughter and more so to the 3 codefendants. But she didn't get convicted of the gun charge. And life sure isn't fair. I do truly wish her sobriety and the best. But when she continues to this day to socialize on Facebook with felons and people in and out of jail, and with her history of over a decade or hard drugs and robberies, and such, prostituion, stripping, my heart aches for my little granddaughter and her half sister who was removed 5 years ago. So I have to wait, 7 more days, and then we know her fate. I hear she will be closely watched on probation. If/when she violates, then my granddaughter is at risk and more trauma.

Oh by the way, her mother in same area, convicted felon, and her sister and fiancé sell meth, fentanyl and heroin. One big happy family. While my granddaughter is the victim.

Well thanks for listening to my rant. I will try to block it out of my mind. Work in my yard, enjoy my flowers and garden. Try to keep focusing on I have zero control. I can do nothing to change the outcome. I have to take care of me. I have tried to protect my granddaughter for the past 5 years. Now it comes to a decision for a judge.

I wish I could read the PO's PSR. I wish I could know what the prosecutor plans on doing. CPS thinks she is getting probation. They say the federal PO told them so. That is against the rules, and I was told that did not happen. But I don't know and never will.

This too shall pass! I will try to redirect my thoughts in another path now. Thanks


Quote:
Originally Posted by fbopnomore View Post
You will have to read the PO's report to accurately interpret the sentencing guideline computation, but the range selected under the federal sentencing guidelines, at least in all of the ones I've been involved with, covered the entire charged crimes/indictment.

Your lawyer will know if your specific federal judicial district court allows access to the entire presentence investigation report, or not. Example, The US Western Judicial District of North Carolina court has a "local rule 32.1" that withholds the entire probation officer's sentence recommendation section of the report from the defendant, it only goes to the judge. It's hard to argue PO mistakes by concealing any of the PO's "embellishments/errors" from the defense team.

Last edited by YOGA62; 06-03-2020 at 08:13 PM..
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  #10  
Old 06-03-2020, 08:20 PM
YOGA62 YOGA62 is offline
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Default Are Written Objections to Sentencing Memorandum Required or Verbal ok?

So does the Prosecutor need to file a written objection to the Defenders Sentencing Memorandum OR can the Prosecutor just verbally object at sentencing? The sentence hearing is June 11 and the objections are due June 5.

I think that if the Prosecutor does not object in writing by June 5 deadline, this means he is not objecting to the Probation the Defender's Sentencing Memorarndum. Is this correct?




QUOTE=enigmaingr;7820535]Sentencing memorandums are optional. Per the language in the standard orders, a sentencing memorandum addresses objections to guideline scoring or to other factors relied upon in the PSIR. If there is no objections, there is no need for a memorandum.[/quote]
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  #11  
Old 06-03-2020, 08:23 PM
YOGA62 YOGA62 is offline
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Court order states: "Any responses to sentencing memoranda shall be filed on or before
June 5, 2020".
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  #12  
Old 06-03-2020, 09:19 PM
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I believe any objections to Probation's PSR needs to be done by the dead line in writing. He/She will then make an argument in court to support that day of sentencing. The vast majority of the time Prosecution just goes along with whatever probation does. The only time they argue something is when the defense objects to whats in the report.

As far as the sentencing memorandum, if they have an issue with it they do not need to file anything by the deadline. They will just mention it to the court. Again, if there is not some egregious lie in the memorandum the prosecutor will not argue and leave it alone

My sentencing was not contentious at all so I do not have experience where points are argued or major issues are debated. I think a lot has to do with how the prosecutor feels about the defendant and the case. If your son has cooperated and, not been a thorn in the side of the prosecutor you should be able to get a feel of how the prosecutor is going to treat your son at sentencing.
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  #13  
Old 06-06-2020, 12:30 AM
YOGA62 YOGA62 is offline
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Default Prosecutor filed a response today June 5

So the prosecutor did file his response today to the Sentencing Memorandum. The prosecutor recommends a 30-month sentence and 5 years supervised release. This will take my granddaughter to age 15. Hopefully her mother will stay sober and law abiding on supervised release. I have been watching over my granddaughter for 5 years. Watching from a far most of that time. I was her guardian for 8 months. Now I don't get to see her because of her mother. Once her mother goes to prison I hope I will be reunited with my granddaughter.

The sentence hearing is June 11. Have been waiting years for this day.

Thanks to all for the support on PTO. I am under an enormous stress. Next week after will be my son's sentencing. He gets many more years as he pled guilty to brandishing a gun even though the other two men held the guns. She got off very easy. She knew about the guns and planned it. But the jury didn't have evidence beyond a reasonable doubt, otherwise she would be facing 8-10 years.
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