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William Robinson Heroy
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William Heroy’s Answers

40 total

  • What are the possibilities of my uncle getting a minimum sentence if accused of conspiracy to import 1,000 kl of marijuana?

    My uncle is being charged with conspiracy to import 1,000 kl of marijuana. He has been a good citizen up until now and has no record. It is said that there is some evidence that links him to the conspiracy to import the said amount. If he decides ...

    William’s Answer

    You are correct that the minimum sentence is 10 years for 1000+ kilos of marijuana. However, there are a number of sentence reductions he could potentially qualify for which could drastically reduce his sentence. Among these are safety valve, and various role reductions, which can potentially drop his offense level by 10 or more points and drop his guideline range into the ballpark of 3-4 years, if he can qualify (and I don't know based on your response whether or not he could). Additionally, you stated that he is a citizen, which could also help his chances at getting into a drug program which could reduce the sentence by an additional year. I have posted a guide which details some of these reductions. This is exactly the sort of case where a lawyer with federal drug case experience can make a huge difference.

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  • I would like to know about how much time my boyfriend could face he is being charged with all p/w/i/s/d marijauna ?

    they said that he sold to a undercover three time which was like 20$ or 2.8grms of marijuana. he did not give it to the undercover another man did but said that it was from my boyfriend? he is already on probation and trying to get his charges ran...

    William’s Answer

    PWISD Marijuana is a Class I felony and not a felony where someone is generally looking at serious jail time, unless the person is a habitual felon. If he was charged with sale, then he is looking at a slightly higher class felony, but it is still one of the lower level felonies. However, it is a basis to revoke his probation. A plea offer where the new charges are run concurrent with each other and his probation violation is a possibility.

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  • Need a Lawyer for a federal criminal charge appeal ?

    Is it possible to appeal a federal criminal charge for someone who's been found guilty by a jury but still waiting sentencing from the judge ? please help

    William’s Answer

    He cannot appeal until after sentencing. If there are issues with the conviction, he may be able to file a motion for judgment of acquittal with the judge who heard the case.

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  • How can a aggravated felony be challenged from twenty years ago? MAR, reopening, overturned? Is it possible

    drug charge with intent to sell

    William’s Answer

    A MAR is a possibilty if there is some problem with the underlying conviction. There is no way to know the chances of it working without reviewing the case file.
    If it was 20 years ago, you may be eligible to apply for a 212(c) waiver if you were ever placed in removal proceedings. If granted, it would allow you to remain legally in the United States.

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  • Can you get a limited driving privilege in NC if you have been convicted of felony death by motor vehicle?

    license were suspended under GS 20-17(9), 20-19(i) and 20-141.4

    William’s Answer

    No.

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  • What is the correct circuit court of appeals?

    Decision made in Oak dale Louisiana detention center , appealed to the VIA , received a denial . The respondent lives in Nashville , TN . What is the circuit court with jurisdiction ? I know we need an attorney but just trying to find which ...

    William’s Answer

    The appeal would need to be brought in the 5th Circuit, which is the circuit which hears claims from the immigration court in Louisiana. One thing to bear in mind is that you do not get an automatic stay in appeals to the circuit court like you did for the BIA.

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  • Can anyone appeal withholding of removal under INC?

    I was granted withholding of removal under INC in 2010.Now I am thinking to appeal for higher court to get my permanent residence,but I am not sure whether I could do that or not....any help would be appreciated.

    William’s Answer

    You missed your window for that long ago. A motion to reopen could be a possibility depending on the specific facts of your case or if there has been some changed circumstance.

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  • Is any chances to get asylum when you appeal? most of the people says its impossible, there is no chance to get it?

    me and my husband failed the interview and the first court, we decided to appeal, but most of the people just saying that we re wasting the time, and its impossible, that the majority of cases always fail...what can be the reason of denied? how to...

    William’s Answer

    Unfortunately, your friends are mostly correct. Most of the time, the Board of Immigration Appeals will do the exact same thing as the immigration judge. It is an uphill battle, but it does happen on occasion. However, you can obtain an automatic stay of removal, which prevents you from being removed during the appeal process (1.5-2 yrs.). If the Board denies the appeal, and you feel there is an issue the Board did not give sufficient weight to, you can take it to the Courth Circuit Court of Appeals, where your case will receive sufficiently more attention than the Board would give it. Finally, if some new form of relief appears during the process, you can file a motion to remand the case to the immigration court to pursue it.

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  • Hello

    under federal law u are not considered a felon if prior convictions are not 1yr and 1day

    William’s Answer

    No, that is not correct. You are probably thinking though of U.S. v. Simmons, which holds that offenses punishable by 1 year or longer, based upon your record level, can be considered felonies for federal sentencing purposes, regardless of how much time you actually served. This means that certain H and I felonies under North Carolina law might not be considered felonies in federal court if your prior record level was low enough. But you have to go through the North Carolina structured sentencing chart to know for sure.

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