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Do my boy friend qualify for sentence reduction?He is in Federal Prison for Drug Conspiracy? In since 1993. File State and Fed

Tallahassee, FL |

In the State of Florida charges: Possession of cocaine(893.13) in 1984, two counts of sale of cocaine in 1987(893.13 rule), sentence in 1988 for one year and one day in the state prison, pick up in Florida on a Tennessee indictment in 1993 for drug conspiracy, case tranfer to Florida, got life sentence, have appeal four or five time, last July 2011 file appeal again with the state of Florida, have not heard anything yet, still waiting on 893.13 unconstitutional drug law in Florida.

Attorney Answers 3

Posted

If the FL statute is held unconstitutional, which seems unlikely as of now, it will affect your boyfriend's advisory US Sentencing Guidelines criminal history score, which may affect his criminal history category, and ultimately his would-be-now-advisory Guidelines range. It also will affect the life sentence, particularly if the life sentence is based on two prior felony drug convictions (see 21 USC Sections 841(b) and 851). If the 851 enhancement is the sole basis for the life sentence, and the case involved cocaine base in whole or in significant part, the sentence would be subject to the reduced penalties under the Fair Sentencing Act of 2010. Of course, however, as stated above, the Supreme Court of Florida would have to overturn the statute of obtain any relief.

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

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Asker

Posted

Thanks, Can the Feds count his state charges? Why did he get Life sentence for conspiracy charges in 1993?

Joshua Sabert Lowther

Joshua Sabert Lowther

Posted

State charges are counted, and I would have to review the case to know the reason a life sentence was imposed. It could be the quantity of drugs, the prior convictions or a combination of both.

Joshua Sabert Lowther

Joshua Sabert Lowther

Posted

State charges are counted, and I would have to review the case to know the reason a life sentence was imposed. It could be the quantity of drugs, the prior convictions or a combination of both.

Posted

I would not hold my breath waiting for 893.13 to be held unconstitutional by Florida's Supreme Court. Based on what you have provided us I don't see any basis for a sentencing reduction.

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Posted

Thanks, Who quaify for sentencing reduciton?

Posted

I agree with the answers of both of my colleagues, Attorney Damore and Attorney Lowther.

This content is informational only and does not establish an attorney-client relationship.

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