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Old 10-11-2018, 05:21 PM
Dymond899 Dymond899 is offline
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Default 3582 Filed Years Ago, - Please Help! How do I get the 1 point variance back

I filed a 3582(C)(2) in 2014 my judge didn't didn't rule on it, until i sent a letter to follow up on it . Immediately within 3 to 4 days, the probation department sent me some documents outlining everything with my reduction . At sentencing i was sentenced at a base level of 32 cat 5 . My judge gave me a 1 point downward variance for my mental, and something he said that he took into consideration . Before The downward varenince my base level was 33 . The probation department used something called a 1b1.10(b)(2)(A) and took the 1 point back that was given at sentencing, and deducted my 2 point reduction from base level 33 instead of 32 . At 32 my guideline would have dropped from 188-235 with the 2 point would have brought me down to 30 . And my guideline would have been 151- . After this a motion for reconsideration of sentence was filed, the guy that filed it, approached it the wrong way . Instead of holding my judge to the base that i was sentenced, and not going back on the factual finding he gave me the downward variance for . Is there anything that could be done to help me get the 1 point variance back, that the probation department used to take it away from me . If there is anyone out there can help give me some advice,i would be so grateful .

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Old 10-12-2018, 05:37 PM
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I wish I could answer your question, but I'm just not that familiar with Federal sentencing. Hopefully one of our members that is very knowledgeable about the Federal system will be along to shed some light, give some advice.

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Old 10-12-2018, 05:46 PM
Girl22472 Girl22472 is online now
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I'm confused. I understand the BOL issue and all of that but I"m confused as to where you are at in this. I assume since you say you filed this in 2014 that you have either served your sentence or someone is writing this for you from jail.

The BOLs are only guidelines and suggestions. The federal courts have ruled that a judge is not bound by them in any way and that they are only suggestions. Yes, I understand that this is still used for the prosecutor to ask the judge to sentence you an X amount of time, but again judges are not bound by them.

If you have been sentenced and served your time then I do not understand the fighting for the 1 point back. Just as the BOLs are suggested guidelines for what the prosecutors ask for so is the recommendation from the PO. It all boils down to what the judge decides and all of these are simply suggestions or recommendations.
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