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  #1  
Old 05-06-2019, 11:29 PM
onedayatatime89 onedayatatime89 is offline
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Default " Hiding" a 5k1 motion/cooperation from inmates

I'll keep it simple. My son was arrested awhile back by the us postal service/dea and was they offered for him to stay out and " discuss" his operations with them. He has done so, but only pertaining to his own information. Nobody elses. He has retained counsel however the attorney acts like it's no big deal to be cooperating. He has been to the feds before and is concerned that the " coperation:" will show up somewhere somehow on his PSI or somewhere in his paperwork. Without giving out specifics, we come from the district where the lawyer and the feds say they can " hide" exact words mind you, the "cooperation" I have no idea how that would work. My son says when he went to the feds last time in 2015, that they paper checked every inmate down there. Has anybody had experiences or worries about cooperation getting found out even discussing matters about ones self to the feds? I just am lookin for some sound information regarding this. Can they keep this info out of a PSI lets say, a 5k1 motion?? Or is there no way out once one coperates to the fulest. I just want to know can they really " hide" it as they say or will it be found out later on. We are al worried about it and as such, my son hasn't told on anybody else yet but is concerned even with the word cooperation being mentioned at htis point anywhere. I wonder if they can truly hide it when somebody coperates with the feds. Any info from FEDERAL EXPERIENCE will be helpful. He will not be going to a camp, an fci or USP more likely. Thank you.
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Old 05-07-2019, 02:29 AM
fbopnomore fbopnomore is offline
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One thing for sure, his presentence investigation report will not be available unless he provides it. It isn't published anywhere, and is provided to only his attorney, the AUSA and the judge/court.

Depending on where he is, "paperwork" can be a problem, but if he isn't trying to be accepted into a "group", probably not. I was never forced to show proof of anything in the bop FCI Medium security prisons I was in.
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Old 05-08-2019, 07:18 PM
onedayatatime89 onedayatatime89 is offline
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One thing for sure, his presentence investigation report will not be available unless he provides it. It isn't published anywhere, and is provided to only his attorney, the AUSA and the judge/court.

Depending on where he is, "paperwork" can be a problem, but if he isn't trying to be accepted into a "group", probably not. I was never forced to show proof of anything in the bop FCI Medium security prisons I was in.
ok well I appreciate it. I know he said last time he went to FCI Sheridan the " shot callers" on the yard at that time had him proudce his PSI, I know he had a copy that I sent to him down there last time and they let him have it. He's just worried and trying to avoid having issues with the paperwork even anything saying " cooperation" could be a problem even though he has only cooperated on himself.
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Old 05-08-2019, 07:23 PM
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ok well I appreciate it. I know he said last time he went to FCI Sheridan the " shot callers" on the yard at that time had him proudce his PSI, I know he had a copy that I sent to him down there last time and they let him have it. He's just worried and trying to avoid having issues with the paperwork even anything saying " cooperation" could be a problem even though he has only cooperated on himself.
No inmate or family member is allowed to have a copy of a PSI. As stated above it's for his attorney to show him in court to make any corrections then it is handed over the the AUSA and the court. His own attorney cannot keep a copy. If you wind up with one, and you shouldn't, DO NOT send it to him!
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Old 05-08-2019, 08:26 PM
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I’m going to be all 2019ish?

There are no secrets. There is no way to keep co-operation private. You talk, as most federal cases do, somebody will find a way to learn about it.

My suggestion? Deal with it. Accept it.

You commit a crime? To me it’s unrealistic to expect government protection.
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Old 05-09-2019, 05:26 AM
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I found that the most vocal "snitch haters" had cooperated themselves.
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Old 05-09-2019, 12:09 PM
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The only paperwork I was ever asked for was the sheet they give you on intake. It just lists your charges, biographical, and sentencing info. Thats not going to show a 5k1 or any other type of "cooperation" unless someone questions why you got a 2 year bid on a crime that should have been 20.

They usually just do this to fish out sex offenders.

Any idea where your son is going, or what kind of sentence he's getting? If he ends up at a low or a camp, theres little to worry about. You can generally just tell those "paper checkers" to piss off, they aren't going to do anything about it.
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Old 05-09-2019, 12:20 PM
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Any idea where your son is going, or what kind of sentence he's getting? If he ends up at a low or a camp, theres little to worry about. You can generally just tell those "paper checkers" to piss off, they aren't going to do anything about it.[/quote]

The OP made it clear a camp is out of the question and it is not his first time in federal prison.


“He will not be going to a camp, an fci or USP more likely.”
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Old 05-09-2019, 01:19 PM
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His own attorney cannot keep a copy. If you wind up with one, and you shouldn't, DO NOT send it to him!
There are some misconceptions here about the PSR. The PO sends it to the lawyer electronically and it doesn't magically disappear at the end of the case. Expert witnesses are also given the PSR for their work. I encourage my clients to keep a copy of the PSR because issues may come up over time that require information that is in it.
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Old 05-09-2019, 04:11 PM
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The PSR is also kept on the bop's staff computer system. A prisoner can ask their case manager to review the PSR in the CM's office, but notes can not be made, and copies are also unavailable.
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Old 05-10-2019, 05:43 AM
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Also, for a bit of perspective, over one third of all defendants get a cooperation downward departure. Not all are incarcerated, but most are. Your son can learn to be prepared to deal with the question, but he has plenty of company who also have a 5K1 sentence. Hopefully, he will be in a lower end facility and will face less hassle.
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Old 05-18-2019, 04:50 PM
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Sounds like a darknet case.

My experience was that a majority of people cooperate in one form or another. In a camp, he doesn't have much to worry about.

Good luck.
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