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U.S. Federal Legal News Legal Related News & Information for the U.S. Federal Court System

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  #1  
Old 06-28-2008, 08:29 PM
bbreeding bbreeding is offline
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Default Federal safety valve and sentence reduction

Does any one know what qualifies you for the safety valve reduction or where to find it? Also is there any laws that can change level reduction. I am asking for my son.
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Old 06-29-2008, 06:44 AM
PTO-97580 PTO-97580 is offline
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  1. He does not have more than one criminal history point;
  2. He did not use violence or threats of violence or possess a dangerous weapon or induce another participant to do so;
  3. The offense did not result in death or serious bodily injury;
  4. The defendant was not an organizer, leader, manager, or supervisor; and
  5. Before sentencing, the defendant has "truthfully provided to the government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan."
These are the requirements for the safety valve eligibility. A person can have 1 criminal history point and still still be eligible.
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Old 06-29-2008, 09:27 AM
bellisq bellisq is offline
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Has your son been sentenced already? The safety valve has to get applied during the sentencing process. if he is eligible and it wasn't offered, then he can ask for a 2255, for ineffective assistance of counsel. Other than that, the Residential Drug Abuse Program (RDAP) is the only program that offers a sentence reduction.
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Old 07-07-2008, 03:14 PM
Katcor5 Katcor5 is offline
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On point 5--if they agree-they are admitting to guilt. So if they are not guilty...............
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Old 07-08-2008, 09:58 AM
bellisq bellisq is offline
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If they are making a plea, which is the only way to get to the safety valve, they have already admitted guilt.
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Old 03-08-2013, 08:47 PM
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CarlosMari19 CarlosMari19 is offline
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Quote:
Originally Posted by bbreeding View Post
Does any one know what qualifies you for the safety valve reduction or where to find it? Also is there any laws that can change level reduction. I am asking for my son.
My boyfriend had no idea he was qualifying for a safety valve when he was sentenced. Today he called and said that because of that he is being accused of being a snitch. When all he did was admit his own guilt and involvement in the case. Which is what the prosecutor wanted. I am more than sure he mentioned no others because I was with him for every meeting and sentencing. so I advise you ask around first, because now I have to find a way to fix what ever it is to make him safe. Good luck.
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