Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FEDERAL PRISON SYSTEM > Federal System News, Events and Legal Issues
Register Entertainment FAQ Calendar Mark Forums Read

Federal System News, Events and Legal Issues News & Events relating to the U.S. Federal Bureau of Prisons, U.S. Courts, Department of Justice and any legal questions you may have dealing with the Federal system.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-11-2018, 05:21 PM
Dymond899 Dymond899 is offline
Registered User
Donation Award 
 

Join Date: Oct 2011
Location: Carrollton, Texas
Posts: 5
Thanks: 6
Thanked 1 Time in 1 Post
Default 3582 Filed Years Ago, - Please Help! How do I get the 1 point variance back

I filed a 3582(C)(2) in 2014 my judge didn't didn't rule on it, until i sent a letter to follow up on it . Immediately within 3 to 4 days, the probation department sent me some documents outlining everything with my reduction . At sentencing i was sentenced at a base level of 32 cat 5 . My judge gave me a 1 point downward variance for my mental, and something he said that he took into consideration . Before The downward varenince my base level was 33 . The probation department used something called a 1b1.10(b)(2)(A) and took the 1 point back that was given at sentencing, and deducted my 2 point reduction from base level 33 instead of 32 . At 32 my guideline would have dropped from 188-235 with the 2 point would have brought me down to 30 . And my guideline would have been 151- . After this a motion for reconsideration of sentence was filed, the guy that filed it, approached it the wrong way . Instead of holding my judge to the base that i was sentenced, and not going back on the factual finding he gave me the downward variance for . Is there anything that could be done to help me get the 1 point variance back, that the probation department used to take it away from me . If there is anyone out there can help give me some advice,i would be so grateful .

Thanks for your support !
Reply With Quote
The Following User Says Thank You to Dymond899 For This Useful Post:
fbopnomore (10-12-2018)
Sponsored Links
  #2  
Old 10-12-2018, 05:37 PM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator

PTOQ Editorial Team Member Staff Superstar Two Time Winner Staff Superstar Winner 

Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 39,296
Thanks: 39,737
Thanked 32,640 Times in 14,987 Posts
Default

I wish I could answer your question, but I'm just not that familiar with Federal sentencing. Hopefully one of our members that is very knowledgeable about the Federal system will be along to shed some light, give some advice.
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
  #3  
Old 10-12-2018, 05:46 PM
Girl22472 Girl22472 is offline
Registered User
 

Join Date: May 2018
Location: Indiana
Posts: 71
Thanks: 40
Thanked 78 Times in 33 Posts
Default

I'm confused. I understand the BOL issue and all of that but I"m confused as to where you are at in this. I assume since you say you filed this in 2014 that you have either served your sentence or someone is writing this for you from jail.

The BOLs are only guidelines and suggestions. The federal courts have ruled that a judge is not bound by them in any way and that they are only suggestions. Yes, I understand that this is still used for the prosecutor to ask the judge to sentence you an X amount of time, but again judges are not bound by them.

If you have been sentenced and served your time then I do not understand the fighting for the 1 point back. Just as the BOLs are suggested guidelines for what the prosecutors ask for so is the recommendation from the PO. It all boils down to what the judge decides and all of these are simply suggestions or recommendations.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
AFTER 8 years and possible two point reduction almost home BUT NOW UHHH ? msandre88 Federal General Prison Talk, Introductions & Chit Chat 4 10-15-2015 02:37 PM
Need a little help-starting 3582 Lina0527 Federal System News, Events and Legal Issues 4 07-24-2011 10:38 AM
Motion 18 U.S.C. 3582(c)(2) judimaipie Federal System News, Events and Legal Issues 14 01-01-2008 02:22 AM
Article: No charges filed in 20 years of Milwaukee inquests Wenny Wisconsin General Prison Talk, News, Introductions & Chit Chat 0 05-23-2005 01:57 PM
has anyone filed for clemency and gotten the results back yet? crisnclay Arkansas Prison & Jail – Visitation, Phones, Packages & Mail 69 04-02-2005 04:36 PM


All times are GMT -6. The time now is 01:50 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics