Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FEDERAL PRISON SYSTEM > Federal General Prison Talk, Introductions & Chit Chat
Register Entertainment FAQ Calendar Mark Forums Read

Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

Reply
 
Thread Tools Display Modes
  #1  
Old 05-27-2020, 10:49 PM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default Criminal Points Calculated Wrong! Corrected by FD

My son called today. Said the Criminal Points were wrong! They tried to say 5 and it is down to 3! The prosecutor is trying to use to counts of Witness Tampering (that were allegations by two codefendants in adjacent pod in jail) that testified against my son so they got a lesser sentence. The 2 witness tampering counts were never proven just a "he said" and were dropped during the plea agreement.

So my question is: how can the prosecutor use these 2 dropped charges for an upward departure suggestion to the judge?

My son's Federal Defender is rightly objecting to the 2 points. If successful, then my son will only have 1 Criminal Point!

Anyone have knowledge or experience on this criminal point issue?
Reply With Quote
Sponsored Links
  #2  
Old 05-27-2020, 11:03 PM
Born's Avatar
Born Born is offline
Registered User
 

Join Date: Nov 2019
Location: N/A
Posts: 723
Thanks: 376
Thanked 543 Times in 346 Posts
Default

Quote:
Originally Posted by YOGA62 View Post
My son called today. Said the Criminal Points were wrong! They tried to say 5 and it is down to 3! The prosecutor is trying to use to counts of Witness Tampering (that were allegations by two codefendants in adjacent pod in jail) that testified against my son so they got a lesser sentence. The 2 witness tampering counts were never proven just a "he said" and were dropped during the plea agreement.

So my question is: how can the prosecutor use these 2 dropped charges for an upward departure suggestion to the judge?

My son's Federal Defender is rightly objecting to the 2 points. If successful, then my son will only have 1 Criminal Point!

Anyone have knowledge or experience on this criminal point issue?

I hope your son's attorney really fights for him because as far as i know Prosecution always get their way.
Reply With Quote
The Following User Says Thank You to Born For This Useful Post:
YOGA62 (06-01-2020)
  #3  
Old 05-28-2020, 12:02 AM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default Criminal Points Wrong

His Federal Defender did fight and got 2 points knocked off. I had sent the FD an email on May 6 pointing out the errors. Now will see if he gets the 2 counts alleged that were dropped at the plea bargain removed so the judge cannot do an upward departure. Not sure if this will happen or not. I don't think there is any evidence just a he said one's word against the other.

I do think it helps to email his defender. My son read the PSR very carefully and asked for objections. He also has 10 support letters. Those have to be filed by the defender by tomorrow too.

The PSR is due in PACER tomorrow.

I am so ready for the sentencing and to get through this it has been very stressful and heavy on my mind daily.


Quote:
Originally Posted by Born View Post
I hope your son's attorney really fights for him because as far as i know Prosecution always get their way.
Reply With Quote
The Following 2 Users Say Thank You to YOGA62 For This Useful Post:
fbopnomore (05-28-2020), trauma4us (05-28-2020)
  #4  
Old 05-28-2020, 05:34 AM
bellisq bellisq is offline
Registered User
Donation Award 
 

Join Date: Mar 2004
Location: Miami FL
Posts: 6,438
Thanks: 1,050
Thanked 2,240 Times in 1,485 Posts
Default

the PSR is never on Pacer. It is seen only by the your son, Judge, defense and prosecution and PO.
Reply With Quote
The Following 2 Users Say Thank You to bellisq For This Useful Post:
fbopnomore (05-28-2020), YOGA62 (05-28-2020)
  #5  
Old 05-28-2020, 08:21 AM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,571
Thanks: 49,485
Thanked 23,847 Times in 13,688 Posts
Default

I filed a request with my bop unit team case manager to review my PSIR. It was done in his office, but no notes, or copying was permitted. The probation officer who prepared the report sent it to my lawyer, who reviewed it with me before the sentencing hearing. There is way too much personal information included, which can be used for identity theft.

Here's what is required of the USPO's supervised release handbook for newly released prisoners.
https://prisonologyx.com/files/2814/...ograph_109.pdf

and the 24 page US Probation Officer's presentence investigation report manual.
https://www.ncwp.uscourts.gov/sites/...ce_Process.pdf
__________________

Last edited by fbopnomore; 05-28-2020 at 08:25 AM..
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
YOGA62 (05-28-2020)
  #6  
Old 05-28-2020, 03:59 PM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default Sentencing Memorandum and Objections

Yes you are correct. I meant to say the Sentencing Memorandum and Objections that the prosecutor and defense file are in Pacer. They object to the legnth of recommended sentence, etc.


Quote:
Originally Posted by bellisq View Post
the PSR is never on Pacer. It is seen only by the your son, Judge, defense and prosecution and PO.
Reply With Quote
The Following User Says Thank You to YOGA62 For This Useful Post:
fbopnomore (05-28-2020)
  #7  
Old 05-28-2020, 04:03 PM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default PSR

Thanks, again. Guess I was really tired. I meant to say the Sentencing Memorandum and Objections to Sentencing Memorandum that are posted by the Prosecutor and the Defense. These are what I am waiting to read. I have to wait until June 2 and June 4 deadlines unless the attorneys post them sooner. Also the support letters.

I have been under such enormous stress. I am so ready for the June sentencing dates to arrive. Then I feel I can begin some steps in moving forward. This is a tough time in the "unknown".

My son is planning to appeal the sentence length as it is very long especially since he has 1 criminal point or possible 3 if the other 2 are not thrown out.



Quote:
Originally Posted by fbopnomore View Post
I filed a request with my bop unit team case manager to review my PSIR. It was done in his office, but no notes, or copying was permitted. The probation officer who prepared the report sent it to my lawyer, who reviewed it with me before the sentencing hearing. There is way too much personal information included, which can be used for identity theft.

Here's what is required of the USPO's supervised release handbook for newly released prisoners.
https://prisonologyx.com/files/2814/...ograph_109.pdf

and the 24 page US Probation Officer's presentence investigation report manual.
https://www.ncwp.uscourts.gov/sites/...ce_Process.pdf
Reply With Quote
The Following User Says Thank You to YOGA62 For This Useful Post:
fbopnomore (05-28-2020)
  #8  
Old 05-28-2020, 05:13 PM
Girl22472 Girl22472 is offline
Moderator
 

Join Date: May 2018
Location: Indiana
Posts: 866
Thanks: 656
Thanked 917 Times in 465 Posts
Default

Quote:
Originally Posted by YOGA62 View Post
Thanks, again. Guess I was really tired. I meant to say the Sentencing Memorandum and Objections to Sentencing Memorandum that are posted by the Prosecutor and the Defense. These are what I am waiting to read. I have to wait until June 2 and June 4 deadlines unless the attorneys post them sooner. Also the support letters.

I have been under such enormous stress. I am so ready for the June sentencing dates to arrive. Then I feel I can begin some steps in moving forward. This is a tough time in the "unknown".

My son is planning to appeal the sentence length as it is very long especially since he has 1 criminal point or possible 3 if the other 2 are not thrown out.
He took a plea correct? Was it an "open plea" meaning the judge was given full power and decision making? Most pleas have a clause that you are not allowed to appeal and while there are always exceptions it generally states that a legitimate reason (they determine what that means) is only allowed and by giving the judge the right to do as they please they most often fail.
Reply With Quote
  #9  
Old 05-28-2020, 06:57 PM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,571
Thanks: 49,485
Thanked 23,847 Times in 13,688 Posts
Default

Waiting for the actual sentence was the most difficult time for me too. As it turned out, I had drawn the absolutely worst possible judge, but there was nothing I could do to overcome my initial bad luck. What turned out to be the worst part, by far, was being denied self surrender and having to leave the courtroom in chains. It ended up taking over 6 months before I finally arrived at my designated prison. Con air flights and prison bus trips all over the country, often going in the opposite direction of my destination. You will avoid all of that if you are permitted to self surrender to prison, so your lawyer can work on trying to get the pretrial services probation officer to say that you followed every restriction you were given. In rare instances you can also get the prosecutor to "not object" to your lawyer's self surrender motion. Even so, the decision is completely up to your judge, so be prepared for anything.

What I caught is called "diesel therapy", the bop's unofficial (but frequent) punishment for folks who have angered the wrong bureaucrat, whether they work for the bop, or for any other out of control federal law enforcement agency. More than half of the 6+ months I was caged in "disciplinary SHU housing" in 5 different prisons, including 2 of the 100+ year old penitentiaries.

Always remember that your punishments will end, and you will be able to rebuild your life after prison.
__________________
Reply With Quote
The Following 2 Users Say Thank You to fbopnomore For This Useful Post:
nene_510 (05-28-2020), YOGA62 (05-28-2020)
  #10  
Old 05-28-2020, 11:04 PM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default appeal rights

my son has appeal rights in his plea. unfortunately the prosecutor would not give any of the 4 codefendants a maximum number of years to plead guilty to so the judge decides the years.


Quote:
Originally Posted by Girl22472 View Post
He took a plea correct? Was it an "open plea" meaning the judge was given full power and decision making? Most pleas have a clause that you are not allowed to appeal and while there are always exceptions it generally states that a legitimate reason (they determine what that means) is only allowed and by giving the judge the right to do as they please they most often fail.
Reply With Quote
  #11  
Old 05-28-2020, 11:09 PM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default diesel therapy

I would have major PTSD after the diesel therapy experiences you relay. It sounds horrific. And the 100 plus yr old prisons sounds so bad. My son I doubt would be able to self surrender. He has been in prison waiting for sentencing for 10 months. We tried home confinement until sentencing and was denied last month during this Caronavirus pandemic. I am going to ask his attorney if he could ask for self surrender so my son could go to the dentist and get his 9 cavities filled and medical treatment. He had a blood test for diabetes, negative, but Hepatitis C came back inconclusive now they have to do a second test. I am 99% sure the judge will deny self surrender but why not ask nothing to lose and a lot to gain.

Quote:
Originally Posted by fbopnomore View Post
Waiting for the actual sentence was the most difficult time for me too. As it turned out, I had drawn the absolutely worst possible judge, but there was nothing I could do to overcome my initial bad luck. What turned out to be the worst part, by far, was being denied self surrender and having to leave the courtroom in chains. It ended up taking over 6 months before I finally arrived at my designated prison. Con air flights and prison bus trips all over the country, often going in the opposite direction of my destination. You will avoid all of that if you are permitted to self surrender to prison, so your lawyer can work on trying to get the pretrial services probation officer to say that you followed every restriction you were given. In rare instances you can also get the prosecutor to "not object" to your lawyer's self surrender motion. Even so, the decision is completely up to your judge, so be prepared for anything.

What I caught is called "diesel therapy", the bop's unofficial (but frequent) punishment for folks who have angered the wrong bureaucrat, whether they work for the bop, or for any other out of control federal law enforcement agency. More than half of the 6+ months I was caged in "disciplinary SHU housing" in 5 different prisons, including 2 of the 100+ year old penitentiaries.

Always remember that your punishments will end, and you will be able to rebuild your life after prison.
Reply With Quote
The Following User Says Thank You to YOGA62 For This Useful Post:
fbopnomore (05-29-2020)
  #12  
Old 06-01-2020, 07:44 PM
YOGA62 YOGA62 is offline
Registered User
 

Join Date: Mar 2020
Location: MONTANA USA
Posts: 165
Thanks: 137
Thanked 81 Times in 59 Posts
Default Coronavirus Nothing in Person

TO make matters worse, due to this pandemic, my son did not get to read his PSR, it was by telephone with his attorney, which is a big disadvantage for my son to not be able to read the report in person. He has another appt with the attorney this Friday. Now the prison is finally testing inmates in mass for the virus. He said 175 tests today and he might be on lockdown if there are positive cases which is likely. So I had to call his defender and ask him to schedule the Friday phone call as my son may be locked down and not allowed to make outgoing calls.

The virus is causing inmates to not be able to read their papers and not be able to meet in person with their attorneys. I saw on TV a celebrity trying to be releases with rationale that they cannot prepare for their case without meeting in person with their attorney. (R Kelly Rapper).


Quote:
Originally Posted by fbopnomore View Post
I filed a request with my bop unit team case manager to review my PSIR. It was done in his office, but no notes, or copying was permitted. The probation officer who prepared the report sent it to my lawyer, who reviewed it with me before the sentencing hearing. There is way too much personal information included, which can be used for identity theft.

Here's what is required of the USPO's supervised release handbook for newly released prisoners.
https://prisonologyx.com/files/2814/...ograph_109.pdf

and the 24 page US Probation Officer's presentence investigation report manual.
https://www.ncwp.uscourts.gov/sites/...ce_Process.pdf
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
How Federal Points are Calculated and Location Determined Texasmom123 Federal General Prison Talk, Introductions & Chit Chat 1 07-24-2013 09:24 AM
How can I get his points corrected? rubyred1108 Federal General Prison Talk, Introductions & Chit Chat 2 08-31-2011 02:07 PM
How are points calculated? sbulmer CDCR - What You Need to Know 3 04-07-2008 11:13 AM
How are Criminal History Points Calculated? free_jc08 Federal General Prison Talk, Introductions & Chit Chat 1 04-02-2008 01:21 PM
How are points calculated? amotherspain CDCR - What You Need to Know 12 03-29-2007 11:23 AM


All times are GMT -6. The time now is 10:20 AM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics