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-   -   Do you think my MWI is misleading me about his release date? (http://www.prisontalk.com/forums/showthread.php?t=712818)

ToFaswife 07-02-2018 08:40 AM

Do you think my MWI is misleading me about his release date?
 
i met my fiancee while he was in there and we have been together for a year now hes been in already ten years and since we met hes been saying hes coming home soon i try to optimistic and support him however he said all this last year and still in there now hes saying he should be home by November/December this year but im skeptical and i havent seen any paper that says so and his release date is not until 2039 so..does anyone think he keeps telling me these things to get me to stay or is it possible he says hes waiting on the dalmida case to get out...is anyone familiar with this? am i being strung along?

Sarianna 07-02-2018 11:38 AM

Hey - I moved your post & gave you your own thread as you'll probably get better replies in this forum :thumbsup:

miamac 07-02-2018 03:20 PM

I think it's important to specify why he thinks he's coming home soon. Does he have a hearing? Is there a change in his sentencing happening? Sometimes those are legitimate reasons to be hopeful and for the inmate, it doesn't pay to let go of that hope.

However, that's a HUGE change from 2039 and for that reason I'm very skeptical. I'm sad to say I think misleading outmates about out dates is more common than we'd like to believe. I was relieved to see California finally put bare bones sentencing information online so people can see for themselves.

ToFaswife 07-02-2018 03:30 PM

Quote:

Originally Posted by miamac (Post 7730851)
I think it's important to specify why he thinks he's coming home soon. Does he have a hearing? Is there a change in his sentencing happening? Sometimes those are legitimate reasons to be hopeful and for the inmate, it doesn't pay to let go of that hope.

However, that's a HUGE change from 2039 and for that reason I'm very skeptical. I'm sad to say I think misleading outmates about out dates is more common than we'd like to believe. I was relieved to see California finally put bare bones sentencing information online so people can see for themselves.

he just recently said he was waiting on a ruling on a certain case that would give him immediate early release with no probation and he recently told me the ruling on the case happened and that's what hes getting so he was told by his attorney that he would be home before christmas of this year however i have asked for the paperwork his attorney sent and he wont send it saying thats the only copy of it he has. he also has been in trouble alot in prison and moved several times to different prisons because of it and i know things like that add on more time so i dont know..im confused this is my first time going thru anything like this

miamac 07-02-2018 03:40 PM

Quote:

Originally Posted by ToFaswife (Post 7730853)
he just recently said he was waiting on a ruling on a certain case that would give him immediate early release with no probation and he recently told me the ruling on the case happened and that's what hes getting so he was told by his attorney that he would be home before christmas of this year however i have asked for the paperwork his attorney sent and he wont send it saying thats the only copy of it he has. he also has been in trouble alot in prison and moved several times to different prisons because of it and i know things like that add on more time so i dont know..im confused this is my first time going thru anything like this

If he has an attorney, someone is paying for it. Who is that person? Do they have info on the ruling?
You can look up case law. Get the name of the ruling and Google it. Folks here are pretty good at helping with the legalese and finding weak points.

One thing to remember is that jailhouse rumors run rampant and everyone's looking for the rumor that lets them go early. But if he thinks his conduct inside doesn't affect any potential release, he's not only pulling your leg but his own.

nimuay 07-02-2018 05:01 PM

The only cases with that name involved are either a family custody case in NY or a photo array lineup in Ohio, which was denied in 2015.

I'd try to get more info about that case if I were you. Even if the Ohio case is important, it's not your fiancé's jurisdiction, so it wouldn't apply. It would have to go further up the appeals ladder, but the appeal was denied 3 years ago, so it's unlikely to have any impact at all.

Yes, we've heard of this sort of thing before, the stringing along.

ToFaswife 07-02-2018 05:04 PM

Quote:

Originally Posted by miamac (Post 7730856)
If he has an attorney, someone is paying for it. Who is that person? Do they have info on the ruling?
You can look up case law. Get the name of the ruling and Google it. Folks here are pretty good at helping with the legalese and finding weak points.

One thing to remember is that jailhouse rumors run rampant and everyone's looking for the rumor that lets them go early. But if he thinks his conduct inside doesn't affect any potential release, he's not only pulling your leg but his own.

hes using the same attorney he had during his case and he didnt tell me this but i looked up the case on the florida clerk of court and figured out the attorney he had was only court appointed but he says thats still the same attorney working on his case now and no he told me the case name but it was over the phone and i didnt write it down but when we speak again i will ask him the case name again matter of fact i will check my letters i think its in there and also the case on the clerk of court website said all his cases was closed but i dont know too much about cases and the law and the prison system and how all of this works so i dont know if its a different case or what

miamac 07-02-2018 05:22 PM

Quote:

Originally Posted by ToFaswife (Post 7730874)
hes using the same attorney he had during his case and he didnt tell me this but i looked up the case on the florida clerk of court and figured out the attorney he had was only court appointed but he says thats still the same attorney working on his case now...

Public defenders don't typically keep working for a state client past sentencing unless they're involved in an appeal. Sometimes the office of the PD is involved in resentencing issues because court appearances are required, but even then it would be mind-blowingly unusual to have the same PD ten years later.

I would encourage you to get more information.

ToFaswife 07-02-2018 05:25 PM

Quote:

Originally Posted by miamac (Post 7730882)
Public defenders don't typically keep working for a state client past sentencing unless they're involved in an appeal. Sometimes the office of the PD is involved in resentencing issues because court appearances are required, but even then it would be mind-blowingly unusual to have the same PD ten years later.

I would encourage you to get more information.

this is everything i was thinking thanks so much for the info....and when i find out the case name i will post it and see if anybody can help me with any info about it

ToFaswife 07-03-2018 08:18 AM

ok so i found out the name of the case in one of my letters if anybody is familiar with this case or can tell me anything about it.. the case name is Ovalles 17-10172.. this is the case he says hes waiting on and they are going to vacate his sentence on and release with no probation

JGardner10 07-07-2018 03:35 PM

I don't know your man so I can't say, but I will share my personal opinion as it relates to my personal experience. My husband, together since 2004, has been talking about getting out year after year for the past 14 years. However, I don't think he is lying or misleading me. He truly hopes things will change. It doesn't necessarily mean they will, but I won't kill his hope. So I guess what I am saying is if someone shares a false belief with you, but they believe it is the truth, are they misleading you?

miamac 07-07-2018 03:44 PM

Quote:

Originally Posted by JGardner10 (Post 7731808)
I don't know your man so I can't say, but I will share my personal opinion as it relates to my personal experience. My husband, together since 2004, has been talking about getting out year after year for the past 14 years. However, I don't think he is lying or misleading me. He truly hopes things will change. It doesn't necessarily mean they will, but I won't kill his hope. So I guess what I am saying is if someone shares a false belief with you, but they believe it is the truth, are they misleading you?


I think the difference would come down to him telling you that there is a change in law or regulation or that he had specific details that spelled out resentencing but then offered you nothing tangible to base it on. If he said, "This is the year I come home. Things are changing", well...OK. No need to dash hopes. I think that's a common sentiment. But in this case, they're fairly new in an MWI relationship and he's got 20 years to go on paper. If it were me, I'd want details. That's a huge decision for a partner to make-- can I wait 20 years? What if he's out in December as he claims?

CenTexLyn 07-07-2018 04:21 PM

Without knowing the State in question or how release dates may appear on the websites, there are sometimes multiple dates that can be in play. There are, in some States, dates at which someone will be eligible for parole along with other dates at which a release might occur through different mechanisms of law and then, finally, a maximum expiration date.

We see this a lot in Texas where people get confused between parole eligibility dates and projected minimum release dates, both of which appear on the TDCJ website. In some longer sentences, those two dates could be a few decades apart, with both being MANY years away from a maximum expiration date.

miamac 07-07-2018 04:34 PM

Quote:

Originally Posted by CenTexLyn (Post 7731819)
Without knowing the State in question or how release dates may appear on the websites, there are sometimes multiple dates that can be in play.

I believe he's BOP.

ToFaswife 07-07-2018 04:55 PM

well thanks everyone for the responses and i agree with everything everybody has said....yes he in bop as well so its really hard to find out things when theyre in federal prison its like everything is a secret and i dont want to dash his hopes that is why i usually dont say much but be the encouraging woman im supposed to be to him i just would like to see some proof on what hes telling me and it makes me skeptical when he refuses to show me anything and says to me all the time i just have to trust his word...well honestly like the lady whos husband has been saying every year for the last 14 years my situation is similar i have known him since 2014 and we were just friends we didnt make anything official until last year and hes been saying since i have known him every year and it hasnt happened yet and i love him with all my heart and i know i want to spend the rest of my life with him however i just dont want to be lied to..our frienship started out on a bunch of lies and when we decided to make it official and be together we both said we were going to start brand new and forgive each other and leave the past alone so i just dont want anymore lies ive told him over and over im willing to ride this out with him..we will both be in our 50's when he comes home if its not until 2039 so i just want the truth thats all

Marseille 07-07-2018 05:33 PM

Quote:

Originally Posted by ToFaswife (Post 7731829)
.yes he in bop as well so its really hard to find out things when theyre in federal prison its like everything is a secret


Honestly, BOP is about the simplest, most transparent prison system out there when it comes to figuring out when someone gets out. Their website gives you a clear day and it gets updated periodically as good time is earned or lost.

miamac 07-07-2018 05:56 PM

Quote:

Originally Posted by ToFaswife (Post 7730994)
ok so i found out the name of the case in one of my letters if anybody is familiar with this case or can tell me anything about it.. the case name is Ovalles 17-10172.. this is the case he says hes waiting on and they are going to vacate his sentence on and release with no probation

Ovalles v. United States, No. 17-10172 (11th Cir. June 30, 2017). The Eleventh Circuit affirmed the denial of a defendant’s 28 U.S.C. § 2255 motion contesting her 228-month sentence for Hobbs Act robbery and related offenses. The court rejected the defendant’s contention that the “residual clause” at 18 U.S.C. § 924(c)(3)(B) was unconstitutionally vague in light of Johnson v. United States, 135 S. Ct. 2551 (2015). It held that Johnson, which invalidated the “residual clause” of the Armed Career Criminal Act, was distinguishable for two reasons: first, the residual clause of § 924(c) did not contain a confusing list of examples that the sentencing court must compare to the predicate offense; and second, § 924(c) requires the sentencing court to evaluate the nature of a defendant’s instant federal offense, rather than a long-ago conviction under state law. Thus, the court explained, there was no history of confusion in applying the § 924(c)(3)(B) residual clause, in stark contrast to the history of applying the Armed Career Criminal Act residual clause prior to Johnson. The court explained that it joined the Second, Sixth, and Eighth Circuits in upholding the § 924(c) residual clause, and disagreed with the Seventh Circuit’s contrary decision.


From what I understand, on June 30th the court upheld the denial to vacate her sentence. I believe the Ovalles case was one of carjacking and the claimant was trying to have the firearm use in relation to a crime of violence reviewed and vacated. It was denied as carjacking is listed as a crime of violence (section 924(c)(3)(A)).

Section 924(c)(3)(a) states:
[C](3) For purposes of this subsection the term “crime of violence” means an offense that is a felony and—

(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or

(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

I don't know the nature of your LOs crime/charges, but if he was hoping to have a twenty year reduction for the use of a firearm in the commission of his crime and that crime was considered violent pursuant to 924(c)(3)(A), this case law will not benefit him.

ToFaswife 07-07-2018 06:21 PM

Quote:

Originally Posted by Marseille (Post 7731831)
Honestly, BOP is about the simplest, most transparent prison system out there when it comes to figuring out when someone gets out. Their website gives you a clear day and it gets updated periodically as good time is earned or lost.

well yeah i know that part i have seen his release date and it hasn't changed however hes telling me hes receiving different information like from his attorney and stuff and he doesnt have another release date as of yet thats why it hasnt changed he says his lawyer is working on his case and its all pending right now but when i go on the clerk of court website and look up his case all of the cases says closed... and it has been nothing new updated since 2009.. when he was charged could they still be pending even though they all say closed?

miamac 07-07-2018 06:26 PM

Quote:

Originally Posted by ToFaswife (Post 7731839)
well yeah i know that part i have seen his release date and it hasn't changed however hes telling me hes receiving different information like from his attorney and stuff and he doesnt have another release date as of yet thats why it hasnt changed he says his lawyer is working on his case and its all pending right now but when i go on the clerk of court website and look up his case all of the cases says closed... and it has been nothing new updated since 2009.. when he was charged could they still be pending even though they all say closed?

I can't speak to federal cases, but at our state level the county where the charge originated would show a motion for appeal had been filed and the date.

ToFaswife 07-07-2018 06:36 PM

yeah thats what i was thinking thanks..the truth is right in my face i just refuse to see it b\

fbopnomore 07-07-2018 10:23 PM

His release date can be shortened by the federal court, so if his lawyer is working to reduce his sentence, it's possible that he might get out sooner. But if he was being released sooner, it would show on the bop inmate locator. You can even tell what has been filed in federal court recently, if anything was, by checking his case on Pacer.
https://www.pacer.gov/

There were always inmate stories about prisoners being released early, and being eligible for massive amounts of money when they were, but they were all false. Even the proposed law to add one week of additional good time for each 12 months of a sentence will probably never become law anyway.

FAMM, families against mandatory minimum sentences, tracks all potential laws that would help current and future federal prisoners on their web page.
https://famm.org/

Marseille 07-08-2018 09:08 AM

Does it even work that way anyway? If an appeal filed by someone else on their case is won and their sentence is vacated, that doesn’t mean that everyone else with similar circumstances is going to be instantly released, does it? Wouldn’t he have to file his own appeal?

ToFaswife 07-08-2018 09:21 AM

Quote:

Originally Posted by Marseille (Post 7731930)
Does it even work that way anyway? If an appeal filed by someone else on their case is won and their sentence is vacated, that doesn’t mean that everyone else with similar circumstances is going to be instantly released, does it? Wouldn’t he have to file his own appeal?

i have no idea thats what im trying to find out and why im on this forum asking for advice for this whole situation because honestly my fiancee is leaving me in the blind about alot of things

Dakini 07-08-2018 09:55 AM

Quote:

Originally Posted by Marseille (Post 7731930)
Does it even work that way anyway? If an appeal filed by someone else on their case is won and their sentence is vacated, that doesn’t mean that everyone else with similar circumstances is going to be instantly released, does it? Wouldn’t he have to file his own appeal?

No. It does not work that way.

nimuay 07-08-2018 10:07 AM

Unless the case was heard by Federal Court (Circuit, Appeals or Supreme), then the ruling is not universal. And it depends on the wording of the decision. Sometimes they send appealed cases back to the original trier of fact for another look (on guidelines they demarcate) or send it back with no guidance, or take it and overturn it on specific grounds, which can then be applied to other similar cases.

Lots of options, and all take a lot of time.


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