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  #26  
Old 07-08-2018, 11:55 AM
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One recent case that impacted a lot of other prisoners was when the US Sentencing Commission lowered the guidelines for crack cocaine 2 levels, and made the changes retroactive. That was very unusual, but it did lower the existing sentences of folks who filed motions with the federal courts,

The link I provided to the US Courts' electronic records web page, Pacer, should enable you to follow everything associated with his case from its inception, until today. If nothing has been filed recently, that doesn't mean it can't be filed in the future.

Try to learn the specifics of what he told you so you can research it yourself.
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Old 07-08-2018, 12:03 PM
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Originally Posted by fbopnomore View Post
One recent case that impacted a lot of other prisoners was when the US Sentencing Commission lowered the guidelines for crack cocaine 2 levels, and made the changes retroactive. That was very unusual, but it did lower the existing sentences of folks who filed motions with the federal courts,

The link I provided to the US Courts' electronic records web page, Pacer, should enable you to follow everything associated with his case from its inception, until today. If nothing has been filed recently, that doesn't mean it can't be filed in the future.

Try to learn the specifics of what he told you so you can research it yourself.
honestly he hasnt told me much of anything except what i have already posted and i made a pacer account however that didnt tell me much either because i thought it would give me the option to research using his name but it didnt so i dont understand how to navigate that site and find what im looking for
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Old 07-08-2018, 01:56 PM
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To me this sounds like the sessions v dimaya case that recently went through the Supreme Court. A lot of guys are waiting to be resentenced now because of this. I think a big part of it is each circuit court deciding if the Hobbs act is a crime of violence or not.
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  #29  
Old 07-08-2018, 02:03 PM
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To me this sounds like the sessions v dimaya case that recently went through the Supreme Court. A lot of guys are waiting to be resentenced now because of this. I think a big part of it is each circuit court deciding if the Hobbs act is a crime of violence or not.
Thanks so much so you saying its a possiblity he is coming home in november/december? cause i think this is exactly what hes waiting on....you have gave me so much hope..im glad u responded
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Old 07-08-2018, 02:09 PM
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Thanks so much so you saying its a possiblity he is coming home in november/december? cause i think this is exactly what hes waiting on....you have gave me so much hope..im glad u responded
I don’t work in the legal profession so I don’t know very much about it from a legal point of view. I think it is also connected to a Johnson case. I have one friend who’s husband is waiting for her circuit court to decide if her husband and all the people sentenced like him will get early release due to the Supreme Court decision. Do you know what circuit court he was sentenced by? Maybe you could google that circuit court and sessions v dimaya to see if there have been write ups on it.
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  #31  
Old 07-08-2018, 02:09 PM
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ToFasWife--
I hate to send you off, solidly, in any one direction based on the info we have. We don't know much in order to form an opinion but it seems like we know what you know. That's what I would focus on if you're intent on staying in the relationship.

If you were my best friend, this is what I would tell you:
Find out his exact charges. Penal codes, sentencing report and any disciplinary actions he's had while inside as they may affect his programming as much as sentencing as well as give you some idea of his commitment to living straight when he's back on the street.

He has all of this information and if he doesn't have it in print, he can get it.

If he chooses not to share this with you, I would take that into serious consideration because you have the right to know these things if you're planning to do the time with him.

I really do wish you the best and hope that he's being honest with you. If not, you deserve to know.
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  #32  
Old 07-08-2018, 02:43 PM
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Originally Posted by Twinkle82 View Post
I don’t work in the legal profession so I don’t know very much about it from a legal point of view. I think it is also connected to a Johnson case. I have one friend who’s husband is waiting for her circuit court to decide if her husband and all the people sentenced like him will get early release due to the Supreme Court decision. Do you know what circuit court he was sentenced by? Maybe you could google that circuit court and sessions v dimaya to see if there have been write ups on it.
he told me the circuit court but unfortunately i forgot but when i speak to him i will be sure to get this information and look it up...dont know when thats gonna be however his prison is still on a extremely long lockdown but thanks
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Old 07-08-2018, 02:47 PM
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ToFasWife--
I hate to send you off, solidly, in any one direction based on the info we have. We don't know much in order to form an opinion but it seems like we know what you know. That's what I would focus on if you're intent on staying in the relationship.

If you were my best friend, this is what I would tell you:
Find out his exact charges. Penal codes, sentencing report and any disciplinary actions he's had while inside as they may affect his programming as much as sentencing as well as give you some idea of his commitment to living straight when he's back on the street.

He has all of this information and if he doesn't have it in print, he can get it.

If he chooses not to share this with you, I would take that into serious consideration because you have the right to know these things if you're planning to do the time with him.

I really do wish you the best and hope that he's being honest with you. If not, you deserve to know.
thanks and i will ask all of that however i have another question you mentioned disciplinary actions while hes in there i know hes been in trouble alot and moved to several different prisons because of it...so im just wondering i know that affects the early release but will the date on the bop website change as an result of him getting disciplined for certain things? or how does that work as far as me knowing how his actions have affected his release or will i never know unless he tells me?
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  #34  
Old 07-08-2018, 02:48 PM
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he told me the circuit court but unfortunately i forgot but when i speak to him i will be sure to get this information and look it up...dont know when thats gonna be however his prison is still on a extremely long lockdown but thanks
Do you guys write letters? That might be better regardless because then he can write it down-- the case he's waiting to hear on and any other pertinent information. Again, he knows these things and if he doesn't, then he needs to be clear about what's happening, as well.
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  #35  
Old 07-08-2018, 02:57 PM
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thanks and i will ask all of that however i have another question you mentioned disciplinary actions while hes in there i know hes been in trouble alot and moved to several different prisons because of it...so im just wondering i know that affects the early release but will the date on the bop website change as an result of him getting disciplined for certain things? or how does that work as far as me knowing how his actions have affected his release or will i never know unless he tells me?
I don't know much of anything about good time for federal prisoners. I can basically say that nothing he does inside would add time to his original sentence unless the BOP pursued outside charges. That usually happens for serious violations like assault, hefty drug charges, ect. So not carrying his ID he might get written up for, but it's not going to add time. The caveat is if feds have good time, he might lose some of that which would mean added days-to-serve. But again, not longer than his original 2039.

My reason for mentioning it is because he is in an extremely controlled environment. The expectations for behaviour are clear. If he cannot make good decisions to meet those expectations to the best of his ability inside, what are his chances of steering clear of issues when he's out? Part of the "opportunity" incarceration provides is a chance to change your thinking and your habits. In your estimation, if he is violating the rules to such a degree that he has to be removed and placed elsewhere, is he doing that at a level that would equal success upon early release? Maybe his acting out days are over. I know in our case, my LO has violent write-ups, but the latest one was over seven years ago. That speaks volumes to me about his insight and choices.

It's not just about whether the courts say, Oops...we probably overshot there and we're going to knock of 20 years. It's about his ability to walk straight when he's given that chance. Because what's the use of getting out early if you're going to just go back with the added bonus of being a repeat offender? These are all things to consider and I know (believe me) it's a lot. As loved ones we can't just consider the amount of time, we have to be big picture people and yes, it's exhausting and no, you won't know unless he tells you. This is a trust and transparency issue.

Again, not telling you to bolt, but get information where you need it and have high expectations for him as a participant in the type of life you want.
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Old 07-08-2018, 04:34 PM
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Do you guys write letters? That might be better regardless because then he can write it down-- the case he's waiting to hear on and any other pertinent information. Again, he knows these things and if he doesn't, then he needs to be clear about what's happening, as well.
we write letters all the time thats probably how i have to ask him anyways because all we can do right now is write so when i write him again i will be sure to ask
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Old 07-08-2018, 06:27 PM
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Here is the link to the Pacer case locator.
https://pcl.uscourts.gov/pcl/index.jsf

His initial federal prosecution case will be there, but if nothing beyond his sentencing (judgment & commitment order) has been filed in the federal courts, that may be all there is. If he filed an appeal, or motions to vacate his conviction or lower his sentence, that will also be available on Pacer.

If he is counting on some relief from a future law or Supreme Court ruling, that probably isn't going to happen. Until you know why he thinks he will be getting released early, it is impossible to find out if he is being realistic, or not.

Some of his earned good time can be taken away for serious conduct violations, but only after a District Hearing Officer, DHO, hearing where he was found guilty. That will change the release date on the inmate locator.
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  #38  
Old 07-10-2018, 12:30 PM
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Dimaya...the case I believe you are speaking of if someone hasn't said it yet is Dimaya...and it changes the def of crimes done w guns...or the def of something else...which in turn makes a gun charge not a crime of violence...many inmates will be released in Novmeber if they have already submitted a 2255...I'm no lawyer but Google the Dimaya case it was ruled April 17,2018...
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Old 07-10-2018, 03:17 PM
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Dimaya...the case I believe you are speaking of if someone hasn't said it yet is Dimaya...and it changes the def of crimes done w guns...or the def of something else...which in turn makes a gun charge not a crime of violence...many inmates will be released in Novmeber if they have already submitted a 2255...I'm no lawyer but Google the Dimaya case it was ruled April 17,2018...
yes that exactly what hes charged with....armed robbery but no one was injured in the robbery as well as carrying a concealed weapon so its possible he will be home in november like hes been saying
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Old 07-10-2018, 04:12 PM
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Dimaya...the case I believe you are speaking of if someone hasn't said it yet is Dimaya...and it changes the def of crimes done w guns...or the def of something else...which in turn makes a gun charge not a crime of violence...many inmates will be released in Novmeber if they have already submitted a 2255...I'm no lawyer but Google the Dimaya case it was ruled April 17,2018...
thanks for the info you supplied me with however after googling it i dont think it applies to my man unfortunately because its talking about deportation and that doesnt apply to him at all....now i dont understand all this legal stuff however i think i read it correctly and hes american i mean he was born in the virgin islands however i think thats apart of the US
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Old 07-11-2018, 01:08 AM
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Dimaya...the case I believe you are speaking of if someone hasn't said it yet is Dimaya...and it changes the def of crimes done w guns...or the def of something else...which in turn makes a gun charge not a crime of violence...many inmates will be released in Novmeber if they have already submitted a 2255...I'm no lawyer but Google the Dimaya case it was ruled April 17,2018...
I was asking about this case a few months back, as my BF was very excited that it would affect his sentence. However, most that replied to my question basically put the nix on it, and told me not to believe the rumor :/
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Old 07-11-2018, 04:12 AM
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I was asking about this case a few months back, as my BF was very excited that it would affect his sentence. However, most that replied to my question basically put the nix on it, and told me not to believe the rumor :/
Well we just have to continue to have faith and hope and be the support system for our men to keep their spirits lifted I try to do whatever I can to keep my fiancée spirits lifted and not bring him down with saying he’s lying and things like that mines has been in there already 10 years and if nothing comes thru he will be in there another 20 smh
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  #43  
Old 07-11-2018, 02:32 PM
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thanks for the info you supplied me with however after googling it i dont think it applies to my man unfortunately because its talking about deportation and that doesnt apply to him at all....now i dont understand all this legal stuff however i think i read it correctly and hes american i mean he was born in the virgin islands however i think thats apart of the US
It changes the definition of the crime...the original person that argued the case was not American however if / once the Supreme Court changes the definition of something it applies to everyone...the case does affect illegal immigrants however once definition changed it affects anyone charged w the specific crime because the definition has changed as to what it was. Now...it may be diff in diff states but it's my understanding that that Supreme Court has ruling higher than state judiciary system...they have also had to apply for certain paperwork to make it happen...it's not a blanket release for anyone w that crime...however I believe it affects 87,000 prisoners some illegal some not.

Last edited by THEDRSBRIDE1175; 07-11-2018 at 02:38 PM.. Reason: Spelling
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Old 07-11-2018, 02:36 PM
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I was asking about this case a few months back, as my BF was very excited that it would affect his sentence. However, most that replied to my question basically put the nix on it, and told me not to believe the rumor :/
There have been a few I know of that had already filed the paperwork years(maybe two) back and were released within in the months after the initial ruling in April...and some have come home since then....I don't know if it varies by where they committed their crime, their "jacket" on the inside or whether or not they have a lawyer verses a PD...
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