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






Go Back   Prison Talk > FOR "OFFENDERS" > Headed to Prison
Register Entertainment FAQ Calendar Mark Forums Read

Headed to Prison Dedicated to those who are facing incarceration. What to expect; what you can do to prepare; Q&A's; support.

Reply
 
Thread Tools Display Modes
  #1  
Old 05-05-2020, 12:24 PM
Hotmessexpresz Hotmessexpresz is offline
Registered User
 

Join Date: Apr 2019
Location: Oklahoma
Posts: 2
Thanks: 0
Thanked 0 Times in 0 Posts
Default Just received PSR

Hi. I’ve been visiting this site since I knew I was caught. And rely on it often for comfort.

I just received my presentencing report draft. Never have I felt more like name on a piece of paper other than a human being. Now the system can say they’ve checked all the boxes.

My guidelines say imprisonment for 33-41 months. Will I really be gone that long?

Felony wire fraud. Tax fraud.
Reply With Quote
Sponsored Links
  #2  
Old 05-05-2020, 01:15 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,133
Thanks: 4,394
Thanked 22,282 Times in 7,746 Posts
Default

Dunno. Ask your attorney. Make sure you take notes on the PSR as to any information that may be wrong.

We are in a time of flux right now. I am not sure how the BOP will respond to it or how the courts will respond to it. The coming months, with the incidents of COVID related deaths and infections could seriously impact the desire of the courts to send people to prison for white collar and non-violent crimes.

Then again, I may be involved in a bit of wishful thinking
Reply With Quote
  #3  
Old 05-05-2020, 02:10 PM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,415
Thanks: 49,052
Thanked 23,648 Times in 13,587 Posts
Default

After the Supreme Court ruled that the sentencing guidelines, which had been mandatory are now advisory, the judge can sentence anywhere from probation to the maximum imprisonment for each count of the indictment. That's how Wesley Snipes ended up with a 3 year prison sentence for 3 misdemeanor tax counts, each of which carried a maximum prison sentence of one year.

Even so, most judges do sentence somewhere within the adopted guideline range, so it is still important to get it right.

For one, the sentencing guideline range is quite subjective, and can be easily manipulated by the PO's personal biases. My PSR contained a number of embellishments by the probation officer who prepared it. Some of his digs were provably false, and every one of them made me look like a bad person.

It is important that your lawyer and you review everything in the report, and formally object to the errors before the sentencing hearing.
__________________

Last edited by fbopnomore; 05-05-2020 at 02:12 PM..
Reply With Quote
The Following 2 Users Say Thank You to fbopnomore For This Useful Post:
sidewalker (05-06-2020), YOGA62 (05-05-2020)
  #4  
Old 05-06-2020, 11:38 AM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 55
Thanks: 4
Thanked 59 Times in 30 Posts
Default

Quote:
Originally Posted by Hotmessexpresz View Post
Hi. I’ve been visiting this site since I knew I was caught. And rely on it often for comfort.

I just received my presentencing report draft. Never have I felt more like name on a piece of paper other than a human being. Now the system can say they’ve checked all the boxes.

My guidelines say imprisonment for 33-41 months. Will I really be gone that long?

Felony wire fraud. Tax fraud.

Guidelines are advisory for the judge; the judge can sentence below, between, or above. In most cases, they do present you a fairly accurate picture of what you're looking at.

Your lawyer will probably argue for little to no prison; the AUSA will probably argue for the most prison time. What the judge does is anyone's guess at this point.
That is, of course, unless you have some sort of plea or sentencing agreement in place. Sometimes, pleas are entered with the agreement between the prosecutor and defense that a certain sentence will be recommended. Most of the time, unless the PSR reveals new, bad information, judges try to honor those agreements. But unless the judge also agreed to a sentence beforehand, any recommendations you were advised on are simply that: recommendations.
Reply With Quote
The Following User Says Thank You to enigmaingr For This Useful Post:
Pruden0427 (05-10-2020)
  #5  
Old 05-14-2020, 09:58 AM
EyesOpening EyesOpening is offline
Registered User
Donation Award 
 

Join Date: Dec 2018
Location: Georgia USA
Posts: 29
Thanks: 75
Thanked 17 Times in 12 Posts
Default

Quote:
Originally Posted by Hotmessexpresz View Post
Hi. I’ve been visiting this site since I knew I was caught. And rely on it often for comfort.

I just received my presentencing report draft. Never have I felt more like name on a piece of paper other than a human being. Now the system can say they’ve checked all the boxes.

My guidelines say imprisonment for 33-41 months. Will I really be gone that long?

Felony wire fraud. Tax fraud.
I got mine a month or so ago as well. I went to trial and received a mixed verdict so our numbers are ALL over the place! Anyways, one thing I failed to be sure they noted (but it’s not too late for me now I don’t think since I haven’t been sentenced) is that I’m a “borderline” diabetic. (Trying to think ahead). Be SURE it includes any any ANY medical information that could help you a year from now, two years from now, etc...
Reply With Quote
  #6  
Old 05-18-2020, 05:10 PM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 55
Thanks: 4
Thanked 59 Times in 30 Posts
Default

Quote:
Originally Posted by EyesOpening View Post
I got mine a month or so ago as well. I went to trial and received a mixed verdict so our numbers are ALL over the place! Anyways, one thing I failed to be sure they noted (but it’s not too late for me now I don’t think since I haven’t been sentenced) is that I’m a “borderline” diabetic. (Trying to think ahead). Be SURE it includes any any ANY medical information that could help you a year from now, two years from now, etc...

I wholeheartedly agree with providing an overabundance of information concerning anything that may make your stay a little more comfortable; that includes all medical conditions. However, don't think that information alone will help with sentencing. Certainly there are extreme cases (e.g. terminal diagnosis) where a judge may think "I can't put a person in this condition in prison). But for the most part, judges don't care much about how the BOP will handle you; that's the BOP's problem.
Your lawyer will work with you to present applicable mitigating circumstances in his or her sentencing memorandum.
Reply With Quote
The Following User Says Thank You to enigmaingr For This Useful Post:
EyesOpening (Yesterday)
  #7  
Old 05-19-2020, 08:19 AM
sidewalker sidewalker is offline
CA, LASO, site sug. SUPER MOD
Donation Award 
 

Join Date: Mar 2007
Location: ca usa
Posts: 33,714
Thanks: 59,570
Thanked 32,320 Times in 16,158 Posts
Default

And if you are able to........get to the dentist. Have any and all work that needs to be done, done prior to going in.
__________________
I thought about why that frisbee was getting bigger and bigger.........
then it hit me.

Reply With Quote
The Following 3 Users Say Thank You to sidewalker For This Useful Post:
EyesOpening (05-25-2020), fbopnomore (05-19-2020), GaReform (05-20-2020)
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
Just Received PSI ysherriff Federal General Prison Talk, Introductions & Chit Chat 5 02-09-2009 01:07 PM
Thank You for all the help I've received msway Arizona General Prison Talk, Introductions & Chit Chat 3 11-09-2006 08:45 PM
Just Received PSR mach1 Federal General Prison Talk, Introductions & Chit Chat 4 10-28-2004 06:21 PM


All times are GMT -6. The time now is 11:48 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