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My son, who is a gentle soul and has never hurt a soul but himself, ended up being taken to the max yard at USP Victorville. His scoring ended up designating him there because he had a horrible court appointed attorney who did nothing to help his case. He asked her over and over to file an objection to the PSR and she refused until he made demands before his sentencing. His family put the objection together after chasing down all the pertinent police reports and medical records, etc and we also were the ones who put together the sentencing memorandum. The PSR had classified him as a career offender and had incorrect information in it that never got corrected because the objection was filed one week before his sentencing and they didn't have time to correct it. So when they went to score his designation they used info that was not right on the PSR. My son is bipolar and suffers from severe depression issues. He has attempted suicide many times in his adult life but has never hurt anyone else. His primary care doc had prescribed him Adderall which is a contraindicated medication for bipolar patients and he ended up spiraling into a psychosis state of mind. He committed the crime of bank robbery and yes, he used a fake gun. He fled the scene and was in a short chase with police. But he eventually accepted a good plea and even ended up with a much reduced sentence due to the mitigating factors. But he doesn't belong in a max yard and we are getting some alarming "fear for my life" emails from him. He has consulted with his case manager and we have sent him all the paperwork that proves the Judge eliminated the career offender enhancement so that he can prove to her he doesn't belong there. He is 40 yrs old and we are determined to get him out of the max yard into a medium one as soon as possible but does anyone know what the quickest way to get that accomplished is?
Welcome to Prison Talk. I'm sorry for what you and your son are facing. bop designation scoring is an administrative process that even has the option of a "management variable", which allows them to ignore custody points altogether. If his placement is totally because of the career criminal factor, and his judge's paperwork says he is not, your argument may have a better chance for success.
If his case manager is willing to help, that is a good thing. I hope your son gets moved to medium security soon.
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