A family member got charged with "leadership" and we are trying to fight it with a 2255 motion. Since it was charged as a "leadership", a safety valve was not issued. Can anyone tell me if Allenye, or Apprendi would or could be used, or if there may be any other rule that would apply. The 2255 court date is in one month, so I am trying to get all the information I possibly can. Any help or direction would mean the world to me at this time. Thank You.
Federal Crime Lawyer
You mean during sentencing the defendant got a leadership role enhancement. See the link below for more information.
Apprendi v. New Jersey holds that a district court cannot use any fact to increase the statutory maximum penalty for a crime unless that fact is admitted by the defendant or the government proves it at trial beyond a reasonable doubt. Alleyne v. United States stands for the same principle, but as it relates to statutory minimum penalties. The assessment of a leadership role, for purposes of an upward adjustment pursuant to U.S.S.G. § 3B1.1 and "Safety Valve" disqualification pursuant to 18 U.S.C. § 3553(f)(4) and U.S.S.G. § 5C1.2(a)(4), is a factually-specific determination that can only be challenged and overcome by distinguishing the facts of the particular case from those which support the adjustment. - Joshua Sabert Lowther, Esq., National Federal Defense Group.
Criminal Defense Attorney
The defendant needs to hire an experienced criminal defense attorney that practices in your federal district ASAP to advise you. This is complicated law for a layman, and for attorneys that don't practice in federal court. www.kacdl.net
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..