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Does Federal Courts modify sentences?

Kent, WA |

I wanted to know if federal courts modify sentences for family emergency reasons. My brother was convicted of selling drugs sentenced to 8yrs. have 1yr left to do. My father is ill and in a circumstance that he needs to be moved out of the nursing home and my brother is the eldest child.

Attorney Answers 3

Posted

It would be pretty rare. But an attorney could try to petition the court for early or temporary release based on the family circumstances. Again though, it would be pretty rare that a federal court would allow for something like this.

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Posted

The better the reason, the more harsh the lesson for inmates, don't do the crime because you are going to miss out on some very important stuff on the outside. I have heard Judges say these type of things all the time. In the Federal courts I am sure it is the same.

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Posted

The federal courts no longer have any jurisdiction over your brother and the sentence he is serving. He is in the custody of the Bureau of Prisons, and your only remedy lies with them. There may be a federal statute that authorizes the BOP to grant an early release or a furlough of some kind, but I'm not certain at all. But you have no recourse in the courts at this point.

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1 comment

Daniel M. Myshin

Daniel M. Myshin

Posted

I agree with Atty. Fried. Your brother is currently in the custody of the Bureau of Prisons and his only right of recourse lies there. The fact that your brother is the eldest child will generally not be sufficient reason for the BOP to modify his sentence. However, most federal defendants are eligible for release to community confinement such as a half-way house as they near the last 6 months of their sentence. Good luck!

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