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Old 10-08-2018, 03:58 PM
Living Hell Living Hell is offline
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Default Sentencing date is 10/9/18

That's tomorrow. I am scared, worried, angry, sad, anxious, hurt, numb, heartbroken...
We met with my son's attorney on Sat to go over things. We are praying for a self surrender as he has been on house arrest for just over 2 years with time to work a 40 hour week then 8 hours a week personal time mostly to spend time with his young son. He has followed ever restriction placed upon him so the feedback we get is there is a high probability that he will be allowed self surrender.
I just cut his hair for him and it took everything I had not to start crying as it might be the last time I do this for him for many years to come.
The past 3 years since our home was first searched have been a living hell hence my username. When they say "speedy trial" that is a joke!!!!! I don't think 2 years since he was first arrested is speedy. Even with a guilty plea it's taken this long to get to this point.
Thank you for reading my post. I am sure others have been thru the same. Just pray we get the time and place we hope for.
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Old 10-08-2018, 05:17 PM
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Prepare yourself for him to leave the courtroom in chains in case that is what happens. Everyone in the courtroom, pretrial probation officer, prosecutor, my family included, except one (my nasty judge), lobbied for self surrender, and we were completely shocked when he said "you should have done all of that before today, I remand you to the custody of the attorney general".

I hope he will be allowed to self surrender, but if not, his sentence will begin to run immediately, which means he will be released sooner than if he self surrenders. Not much to be thankful for, but it's something anyway.
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Old 10-08-2018, 10:49 PM
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Hope someone is there with you tomorrow. When my son was sentenced, judge gave him 10 minutes with us (me and his gf) in courtroom before they took him away. Not much, but better than nothing. It is very difficult. If it does not go the way you hope, maybe the judge will show tiny consideration like that. Feel free to write here regardless. Most of us here have been through it and understand what you are going through.

Good luck to all of you.
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Old 10-09-2018, 11:57 AM
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Well we got a text from our attorney about 7:30 this morning. Seems the prosecutor decided to wait till after 10pm last night to send our attorney his statement. WTF!!! Our attorney didn't even have a chance to do more than a quick scan of the statement let alone do up a response. The judge was not happy about this and felt it was not fair to my son to sentence him without this information. So yet again we have another postponement to the sentencing. We are not looking at Nov 28th.
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Old 10-11-2018, 07:02 AM
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Oh that sucks.
Im sorry its just prolonging the whole process. It makes it so hard. My hubs sentencing took forever as well.
One time it was our attny. His wife became very ill and they delayed hubs sentencing. The other two times, I have no idea what the cause for delay was.



Agree.......I hope someone is there for you when the sentencing does go down. Its very hard and you will need someone there for YOU.
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Old 10-11-2018, 07:30 AM
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Living Hell... that really sucks that sentencing was delayed but on the bright side of that at least the judge is being fair and making sure his attorney can be prepared. The other upside is now he's not too happy with the prosecutor and if sentencing is being fully left up to the judge that could also possibly work in your favor.

As far as self surrender at our first attorney meeting we discussed this and he said the prosecutor almost always tells him if he's asking for immediate custody. He said he went to court with a client not long ago and surprisingly they asked for immediate custody and he was pissed. He said he told the judge that he didn't appreciate that because it made him look like a "jackass" to his client and as if he wasn't prepared. He said the judge told him that he didn't particularly like his choice of words but he totally agreed as it seems this is something that should be known prior to walking into court. He has since told us he's been reassured by the prosecutor that he won't be asking for this.
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Old 10-11-2018, 03:26 PM
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Hope someone is there with you tomorrow. When my son was sentenced, judge gave him 10 minutes with us (me and his gf) in courtroom before they took him away. Not much, but better than nothing. It is very difficult. If it does not go the way you hope, maybe the judge will show tiny consideration like that. Feel free to write here regardless. Most of us here have been through it and understand what you are going through.

Good luck to all of you.
Wow, the judge actually gave you some time to say goodbye. We didn't get that privilege. Just handcuffed him and took him away. So very difficult. Personally I wonder why they put the family through that. Why couldn't they walk him or her out the door of the courtroom and then handcuff. I know maybe it is to humiliate the person being taken to prison, but what it does to the loved ones is so hard.
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Old 10-11-2018, 03:28 PM
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Well we got a text from our attorney about 7:30 this morning. Seems the prosecutor decided to wait till after 10pm last night to send our attorney his statement. WTF!!! Our attorney didn't even have a chance to do more than a quick scan of the statement let alone do up a response. The judge was not happy about this and felt it was not fair to my son to sentence him without this information. So yet again we have another postponement to the sentencing. We are not looking at Nov 28th.

I hope all this time is taken off of the actual sentence. If that is the case, he might not have to go away for very long.
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Old 10-11-2018, 03:30 PM
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Living Hell... that really sucks that sentencing was delayed but on the bright side of that at least the judge is being fair and making sure his attorney can be prepared. The other upside is now he's not too happy with the prosecutor and if sentencing is being fully left up to the judge that could also possibly work in your favor.

As far as self surrender at our first attorney meeting we discussed this and he said the prosecutor almost always tells him if he's asking for immediate custody. He said he went to court with a client not long ago and surprisingly they asked for immediate custody and he was pissed. He said he told the judge that he didn't appreciate that because it made him look like a "jackass" to his client and as if he wasn't prepared. He said the judge told him that he didn't particularly like his choice of words but he totally agreed as it seems this is something that should be known prior to walking into court. He has since told us he's been reassured by the prosecutor that he won't be asking for this.
I guess I don't understand what "self surrender" is. Anyone care to explain?
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Old 10-11-2018, 04:01 PM
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In federal cases, they are sentenced and then allowed to go home until they are notified when, and at which prison to report. Self surrender lowers their custody score for as long as they are bop prisoners. It also avoids the absolutely worst part of the sentence, being transported to prison, in chains, by the US Marshals. Even though he will have to pay for the transportation, it is the best money he will ever spend.

My "transport" took over 6 months during which I was in the SHUs of 4 different high security prisons, including 2 US penitentiaries. My trip went from FDC Miami, followed by con air flights to USP Atlanta, Oklahoma City, USP Lewisburg and finally a bus to Loretto, PA. It was brutal.
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Old 10-11-2018, 07:23 PM
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So very sorry you are going thru this. Our son was taken into custody immediately upon his arrest and as his bail was so very high (well over $250,000) we decided to spend the money on an attorney.

He was in county for six months while the plea deal played out. Sentencing was delayed several times for unknown reasons.

On sentencing day, we (Mom and Dad) went to court dressed for church. We sat in a very crowded courtroom (many cases were being discussed/decided that day). The walls were a deep color making the room seem dark and foreboding. Our son was brought in with other inmates, chained and shackled. When his name was called, he stood up and the judge asked him some questions and he nodded. The judge then stated in what seemed like an incredibly loud voice: "I sentence you to 8.5 years in the Illinois Dept of Corrections." Then they marched him out. I just started sobbing really loudly and the attorney led us to a private room so I could get myself together before facing the press waiting outside. It was easily one of the most horrible days of my life.

He went to receiving about two weeks later. County called me to come and get his stuff - two garbage bags full of his belongings. And again I cried in the car when I went to pick it up.

I don't tell you this to scare you because I'm sure you've cried enough. I sincerely wish you the best.

He is 5 years into the sentence
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Old 10-12-2018, 07:42 PM
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So very sorry you are going thru this. Our son was taken into custody immediately upon his arrest and as his bail was so very high (well over $250,000) we decided to spend the money on an attorney.

He was in county for six months while the plea deal played out. Sentencing was delayed several times for unknown reasons.

On sentencing day, we (Mom and Dad) went to court dressed for church. We sat in a very crowded courtroom (many cases were being discussed/decided that day). The walls were a deep color making the room seem dark and foreboding. Our son was brought in with other inmates, chained and shackled. When his name was called, he stood up and the judge asked him some questions and he nodded. The judge then stated in what seemed like an incredibly loud voice: "I sentence you to 8.5 years in the Illinois Dept of Corrections." Then they marched him out. I just started sobbing really loudly and the attorney led us to a private room so I could get myself together before facing the press waiting outside. It was easily one of the most horrible days of my life.

He went to receiving about two weeks later. County called me to come and get his stuff - two garbage bags full of his belongings. And again I cried in the car when I went to pick it up.

I don't tell you this to scare you because I'm sure you've cried enough. I sincerely wish you the best.

He is 5 years into the sentence
Again, I say how they do the sentencing is so hard on the family. I am so sorry for what you have been through. Having to face the press after sentencing is why to hard. Having people ask how you feel, etc.... after one of the worst things you have faced in your life.... that is so very difficult. No one should ever have to go through that.
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Old 10-13-2018, 03:38 PM
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Its not been easy but it gets easier. At the moment he is in seg for the first time in the 5 years hes been in - unsure why.
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Old 10-14-2018, 04:04 PM
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In federal cases, they are sentenced and then allowed to go home until they are notified when, and at which prison to report. Self surrender lowers their custody score for as long as they are bop prisoners. It also avoids the absolutely worst part of the sentence, being transported to prison, in chains, by the US Marshals. Even though he will have to pay for the transportation, it is the best money he will ever spend.

My "transport" took over 6 months during which I was in the SHUs of 4 different high security prisons, including 2 US penitentiaries. My trip went from FDC Miami, followed by con air flights to USP Atlanta, Oklahoma City, USP Lewisburg and finally a bus to Loretto, PA. It was brutal.

I was told I'd self-report by my P.D., and then got remanded right there in court due to the pleadings of an overly aggressive public prosecutor (female) that came in arguing for it despite the fact that it was 3 years between my place being invaded by FBI/ICE/locals...AND I was out on O.R. the entire time for 16 months between pleading guilty and sentencing (we had a number of continuances). I was suddenly a "threat", I guess , after sentencing.


Anyway, I spent 3 weeks at a local county jail, then spent another 3 1/2 weeks between flying "ConAir" to Oklahoma City, then to Harrisburg to be bused to Canaan, then to Loretto FCI.


For those of you fortunate not to have "experienced" those joys, you should try eating a bag lunch while shackled - it is an interesting arrangement of limbs to make it happen!
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Old 10-14-2018, 04:10 PM
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Again, I say how they do the sentencing is so hard on the family. I am so sorry for what you have been through. Having to face the press after sentencing is why to hard. Having people ask how you feel, etc.... after one of the worst things you have faced in your life.... that is so very difficult. No one should ever have to go through that.

I'm sorry for your pain and I hope the Lord continues to get you and your family and loved one incarcerated through upcoming days.


Yes, the press, the courts, and anyone involved in the whole "justice system" (a joke in itself) don't give a damn about your pain. Everything is biased towards victims and towards crucifying the accused, even before they are pronounced guilty.
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Old 10-15-2018, 08:24 AM
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Default Iím so sorry.

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Well we got a text from our attorney about 7:30 this morning. Seems the prosecutor decided to wait till after 10pm last night to send our attorney his statement. WTF!!! Our attorney didn't even have a chance to do more than a quick scan of the statement let alone do up a response. The judge was not happy about this and felt it was not fair to my son to sentence him without this information. So yet again we have another postponement to the sentencing. We are now looking at Nov 28th.
Weíre having a lot of postponements with my son too. I feel like Iím constantly on edge and so out of control. It is definitely a living hell.

My son is in county jail now, but the worst was when he was on house arrest, and he was on that for about 9 months. None of that counted as time served, but the entire family was on edge, and the stress was driving us crazy. My son actually attempted suicide numerous times on house arrest, and he almost succeeded in taking his life. Luckily probation was nice when he was repeatedly in the hospital, once for over a week. We were terrified every day that he was home. I almost feel like they were torturing him on purpose by delaying things all of the time. It was never explained to us why the delays were happening either, and we had an overworked public defender at the time who never seemed to give us any information.

I donít know why they canít count some of that house arrest time as at least partial time served... at least in my sonís case, it was a waking nightmare for ALL of us, and in your situation itís been so long! Itís so obviously not fair, but Iíve been learning that nothing is fair when it comes to people who are accused of breaking the law. My faith in the police and the justice system has been shattered since all of this has started happening.

Iím very worried because the judge who will sentence my son is known to be a very hard sentencer. We were using a public defender because of money issues until we heard about this scary judge. Now weíve broken down and hired a lawyer, and that has helped my anxiety a little bit.

Every time weíre set to go to court something seems to happen though, and things get postponed at the last minute. Itís nerve wracking. I get all worked up and donít sleep the entire week before the court date, and then it doesnít happen. Our lawyer keeps calming us down though because now that our sonís in jail, each day counts as a day served.

Your sonís situation sounds very extreme though. Where the heck is his right to a speedy trial? I just donít understand it. Let the poor guy get some time served instead of just waiting in limbo. Maybe it has to do with his safety and where theyíre going to put him? Are they waiting for room somewhere or something? I wish you had an explanation. So much goes on behind the scenes, and they never bother to inform us. A little information could allay our fears and take away so much stress, but obviously they donít care about that.

Families really are punished right along with their loved ones, and we didnít do anything wrong. Itís heartbreaking.

Iím so frustrated for you.

My thoughts and prayers are with you.
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Old 10-15-2018, 10:30 AM
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Has your Son signed a plea agreement? If not (I pled guilty without one) the judge isn't bound to accept the agreed to terms, but he would have a much better chance because most judges do. Harsh judges often mean harsh sentences.

There is a web page that rates judges, federal and State. Google "the robing room" (it should be the robbing room) to find it.
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Old 10-15-2018, 10:45 AM
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Has your Son signed a plea agreement? If not (I pled guilty without one) the judge isn't bound to accept the agreed to terms, but he would have a much better chance because most judges do. Harsh judges often mean harsh sentences.

There is a web page that rates judges, federal and State. Google "the robing room" (it should be the robbing room) to find it.
I went to that sight and my husband's judge has no rating. His lawyer from the beginning told us that we would not be taking a "plea" from the DA but would plead guilty in essence giving the judge all the power. He is yet to sign the plea but in essence he's going to do both. He is going to sign a plea from the DA but it states in it that while they will argue for the low end of the guidelines that the sentencing will be up to the judge. Most importantly for me at least was the stipulation that neither side can appeal the judge's ruling. I found many cases in my research where the judge sentenced outside the guidelines and the DA appealed the case and in essence drug it out longer and longer. Some were successful, some were not but at this point time matters to us at least. I had a fear that if the judge gave him a lower sentence than the DA was happy with that there would be an appeal. Our lawyer has said (and I have researched cases with this judge so it looks to be about right) that while the DA will be looking for around the 63 month mark he'll likely get closer to the 48 month mark.


To the OP, I feel for you. We've been told by multiple people that the worse time is the time prior to sentencing and not knowing what will happen. I've resigned myself to go in planning on the worse, which for us would be 5 years and be happy with anything less than that.
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Old 10-15-2018, 12:29 PM
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The reason I rejected a plea bargain was similar to your case. There was a pending Supreme Court case, but the prosecutor demanded that I sign away all appeal rights, even if the SC case would have helped (it didn't anyway).

If his judge doesn't have comments, that could be a good thing. Mine has plenty, mostly like "the worst ever", "Adds a huge trial penalty to the sentence of anyone who fights their case", etc., and they were right. Accompanied, naturally, by prosecutor's comments professing their love and admiration for the jerk. My fate was sealed at the moment he was assigned to my case.
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Old 10-15-2018, 10:48 PM
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Has your Son signed a plea agreement? If not (I pled guilty without one) the judge isn't bound to accept the agreed to terms, but he would have a much better chance because most judges do. Harsh judges often mean harsh sentences.

There is a web page that rates judges, federal and State. Google "the robing room" (it should be the robbing room) to find it.
Out of curiosity, I just looked at that page. My husband's just had an 8.7 rating, and for Federal Judges in our District that is one of the highest. I guess when everyone told us that we had a good draw with him , that was the truth.

Question though - is there any way to see the detail or reviews for that score, or only the score? When I clicked it looked like it only gave me the option to rate him as well. Am I missing something?
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Old 10-16-2018, 04:43 AM
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I don't think you are mistaken. It looks to me as if the only option available is to read the reviews.
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