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Gregory Nicolaysen

Gregory Nicolaysen’s Answers

4 total

  • My boyfriend caught a federal drug charge. He has already had a state drug charge and a federal drug charge.

    The last fed case he had he was given 19 years and served 4. The judge told him he is looking at 10-life with a possibility of mandatory life. An attorney told him he will not be looking at mandatory life but he is looking at 20-life. He wants to ...

    Gregory’s Answer

    If your boyfriend has two prior felony drug convictions, then he will be classified as a Career Offender under the federal sentencing guidelines. In addition, two prior felony drug convictions subjects him to statutory enhancements under 21 U.S.C. 851 which means that if the government files the 851 enhancements with the Court, then by law, he would be facing a mandatory life sentence if convicted. One of the key procedures to follow is to ask the Court to direct the Probation Office to prepare what is called a "pre-plea PSR" which provides a detailed analysis of his criminal history. This is an essential first step for a defense attorney in assessing your boyfriends's sentencing exposure. Feel free to contact me to discuss further.

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  • My brother is serving an illegal federal life sentence. His case is presidence setting, 9th circuit. How can I get him help?

    His sentence was imposed in vilolation of statute of conviction, judge imposed sentence w/o congressional statue authority, and sentence being imposed w/o authority is illegal. Supreme court says that life sentence under that statue must be approv...

    Gregory’s Answer

    This question cannot be properly answered in a posting to a message board because it requires consideration of numerous factors, both legal and factual. I would be happy to discuss this with you. I can be reached on my cell phone at 818 - 970 - 7247, or by email at: gregnicolaysen@aol.com.

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  • How do i apply for early release of federal supervised release

    i have currently served 4 out of 5 yrs of supervised release. completed all programs paid all fines restitution and special assesments never gave a dirty urine. been gainfully employed since my release. my previous p.o agreed to assist me but was ...

    Gregory’s Answer

    A motion can be filed with the U.S. District Court judge who imposed sentence, requesting early termination of supervised release. The Court has the authority to grant this motion. Importantly, the motion should demonstrate the client's excellent performance while on Supervised Release and hopefully contain a representation that the Probation Office supports, or at least does not object to, early termination. If the Probation Office feels that early termination is not warranted, it is highly unlikely that the Court will grant the motion. Thus, the key is to get the Probation Office on board.

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  • Can a federal felony coded 18 - 1001 be expunged or seal after a period of time?

    I have a federal felony for giving a false statement to a federal agent. This is my 1st felony and I have no other criminal records. The classification for my felony is class D. Is it possible to expunge my felony or get it seal? Is there anyt...

    Gregory’s Answer

    No, a federal felony conviction cannot be expunged. Moreover, the general practice is not to seal the Judgement/Commitment Order containing the terms and conditions of sentence. However, the District Court does have discretion to order the sentence sealed, upon the filing of an ex parte application.

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