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  #1  
Old 07-25-2012, 06:37 PM
mishadawn1122 mishadawn1122 is offline
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Default Scared for him... Do the feds pick up felon in possession charges?

My guy and I reunited after 15 years while he's in county. He called today and said his atty told him he could be looking at 30 years if the state gets his case before the feds do. However his atty has told us both that the county da keeps postponing for the feds to review his felon in possession charge and maybe the da will reduce the other charges for the state so he can serve concurrent instead of stacking. Do the feds always take felon and possession charges?? I need the man upstairs to watch out for us. Super sad and worried!! I wish I found him 2 weeks before I did and he probably wouldn't be in this mess! we are both 33, no kids, neither been married. I loved him then and never forgot about him. I don't know what to do!
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Old 07-25-2012, 09:49 PM
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Hi there... I moved your thread to the Federal forum because I think you'll get the best answers here. I'm sorry you're going through this! Not knowing is the worst. Hang in there.
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  #3  
Old 07-26-2012, 12:51 AM
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Sorry I don't have good news but my husband was picked up in april for a felon in possesion charge and now is facing a Mandatory minimum of 15 years in fed land. We are just waiting on sentencing and praying he gets only 15. But good thing is he was picked up by feds first so state can run concurently.
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Old 07-26-2012, 05:42 AM
CenTexLyn CenTexLyn is offline
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Do they ALWAYS do it? No. In some areas it happens more frequently because of the very fact that it gets people off the streets. A few years back, the feds went on a real campaign of getting people out of the community who insisted on committing crimes with guns...and since the fed time is usually stacked on top of the State time, it gave the illusion of doing precisely what their PR machine was telling people it would.

Given that OP shows to be in Dallas, I would say that yes, there is a very real possibility of federal charges entering into the equation...
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Old 07-26-2012, 08:03 AM
mishadawn1122 mishadawn1122 is offline
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Thank you everyone! If we could get 15 that's easier to handle than 30. He's of course scared as can be but his atty is saying it would be 2 to 10 year sentence if feds picked up charges first. I will just keep being positive and praying that we can get through this and him still be alive when its all over with! He's in east texas area in county waiting to see what happens. He would rather go to feds than tdcj and I don't blame him.
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Old 07-26-2012, 05:55 PM
mishadawn1122 mishadawn1122 is offline
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He got news today he's being tranferred to feds in next 7 days!
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Old 07-26-2012, 08:23 PM
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Quote:
Originally Posted by mishadawn1122 View Post
He got news today he's being tranferred to feds in next 7 days!
I hope it all works out for you guys. If you ever want to talk you can always PM me. I dont have much experience as I am not much further along in this journey than you are but will try to help or at least can lend a ear.
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Old 07-26-2012, 08:42 PM
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Whether the feds pick up the felon in possession charge can depend on a lot of factors - facts of the case, whether there are violent crimes and/or serious drug offenses on his record, if the underlying offense is gang-related, etc. TN has a program called "Gun Done" as part of its Safe Streets and Project Safe Neighborhood programs. All the law enforcement agencies (local LEO, DEA, ATF, etc) are involved in reviewing all cases involving a gun to determine whether the feds are interested in prosecuting. Usually a state and a federal offer are made and if the state offer is rejected, the feds will almost automatically indict - not always but usually. I don't know if TX has the same program but from previous replies, it sounds like they might. Good luck and I hope this was helpful, if not too hopeful. Keep the Faith!
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Old 07-27-2012, 11:55 AM
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Thank you all for your responses! This journey is new for me and I have good days and bad days! He was so happy to tell me feds are taking his case and I just started crying when he told me. He said babe this will all work out don't cry. I thought you would be happy. I guess the reality of it all is hitting me he may be gone a while. How I will make it through this I don't know sometimes! At least I hope I get visits with him in federal even though we aren't married yet!
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Old 07-27-2012, 04:02 PM
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Be sure you put that you knew him before he was locked up when you fill out the visitor's application. If you are named in his presentence report, you won't have a problem being approved.

It's not something you probably want to hear, but there was a joint press conference recently here in Seattle where the US Attorney promised to take every gun case, especially felon in posession cases, to federal court. If they are doing it here, I imagine they are also doing it elsewhere.

It used to be that the feds were selective when they decided which cases to prosecute, but now with all the new federal judgeships and courthouses, not to mention new bop and private prisons to put people in, they will probably soon start taking jaywalking cases too. The federal nexus will be that the asphault was formed across state lines, or the equipment to lay the pavement was built in another state.
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  #11  
Old 07-27-2012, 07:14 PM
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Thank you! I'm pretty sure his case will go to federal court. When I went to one of his hearings 4 of the 5 county inmates were all being sent to federal for felon in possession charges. So it his turn also. How much money do I need to put on his books while he's in transfer? Where do I send it? Also will he be able to write and call? He also has a titanium plate in his head and needs medical attention due to spinal fluid leakage coming out in his ear. I hope they put him in a med unit as well. Are visits contact? Right now in county his major is nice enough to give us contact visits in the attorney room. Any info u can provide is greatly appreciated. Thanks again!
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Old 07-27-2012, 10:18 PM
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Well my case is much the same! His lawyer called us in 2 days before his birthday an told us the feds were taking his gun charge! he was looking at 15 to 30 and they have no parole!! I almost fell out!!! They wanted to put him under!! Then they offered a plea after 8 months of us trying to go to trial! He took the lesser end which was 2 to 10...we walked out with 2 thanks to the man above!! Then for his 4 state charges they dropped 3 if he would plea to one and got 5 and the time was ran together instead of stacked! Feds take authority so that time is served first! I was listed in his reports as his spouse so was able to visit immediately with no problem! Good luck and if I can help let me know!!
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  #13  
Old 07-28-2012, 01:32 AM
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I so wish there wasn't this ACCA thing cause his PSI came back way less then what the prosecuters even figured him up at. Hopefully the low points will at least help him get a lower security prison.
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Old 07-28-2012, 08:25 AM
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mishadawn:

There's no way to know where they will keep him throughout the court process, so you will have to check each location for their visiting and phone rules. When he gets to an actual fed holdover, they will have their own rules about phones & visits too, but you can usually read the visiting rules for each prison on the bop.gov facility locator. Phone calls on the main fed phone system cost 23 cents a minute for any call that isn't a local call from the prison, 300 minutes a month maximum. If you do get a prepaid cellphone with a local number, the cost from his end is less (6 or 9 cents a minute, I forget which) but you also have to pay for the minutes on your phone too.

Except in rare circumstances, visits will be contact and you are allowed one quick embrace at the beginning and end of each visit. When you know the rules of the prison where he is being held, you can decide how much money to send him. If he is in a federal prison, here is the page about sending money, either by WU or by sending a US Postal money order to their lockbox in Iowa.
http://www.bop.gov/inmate_programs/money.jsp
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Old 07-28-2012, 09:42 AM
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Thank you to all! His attorney seems to think the d.a. will rdeduce or drop his state charge for some reason so I pray that happens! Looks like I have a lot of things to figure out and learn about the feds! Have a great weekend everyone. I'm headed out to see my sweetheart.
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Old 07-28-2012, 10:33 PM
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If he ends up with state and federal charges, the two attorneys need to talk. It's almost always best if sentenced on the federal charge first, for the opportunity to have the sentences run concurrently.
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Old 07-31-2012, 09:04 PM
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the maximum sentence for felon in possession under 922(g) is 5 years. hang in there...maybe the judge will give him probation.
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Old 07-31-2012, 09:06 PM
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Quote:
Originally Posted by lonelymomof8 View Post
Sorry I don't have good news but my husband was picked up in april for a felon in possesion charge and now is facing a Mandatory minimum of 15 years in fed land. We are just waiting on sentencing and praying he gets only 15. But good thing is he was picked up by feds first so state can run concurently.
sorry to hear that. they charged him with something else, right? i'm just curious because the statutory maximum is 5 years.
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Old 08-01-2012, 01:29 AM
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He is being tagged with ACCA enhancement. But from what I understand is even with out The ACCA enhancement the max is 10 years not 5.
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Old 08-01-2012, 04:03 PM
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Quote:
Originally Posted by Ariele View Post
the maximum sentence for felon in possession under 922(g) is 5 years. hang in there...maybe the judge will give him probation.

It's actually 10 years for a felon in possession under 922(g). The punishment provision is at 924(a)(2).
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Old 08-01-2012, 04:07 PM
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Thank you I thought I was correct with that
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Old 08-01-2012, 06:00 PM
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Do not forget also that there is no parole on a federal sentence...so even with a shorter sentence than might have been imposed in the Texas jurisdiction where the conduct took place, he could do a lot more time in custody than would have been served on the State charge.
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Old 08-01-2012, 08:13 PM
mishadawn1122 mishadawn1122 is offline
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If they serve in fed do they get out after serving 85% or how does all of that work?
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Old 08-01-2012, 09:50 PM
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Yes...feds have no good time credit or parole!
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Old 08-02-2012, 12:51 PM
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All federal inmates earn 47 days good time for each year of their sentence. The bop inmate locator
http://www.bop.gov/iloc2/LocateInmate.jsp

will show their expected release date with all possible good time already computed. It is possible to lose good time for bad behavior after a DHO, (district hearing officer) case. There is no federal parole, but almost everyone is eligible to serve the last 6 months, or 10% of their sentence, before their release date in a half way house or on home confinement.
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