Is relevant conduct in a federal drug case decided by the jury or the judge?

"Relevant conduct" is a sentencing concept. As Messrs. RIchman and Mitchell note, a jury must find beyond a reasonable doubt (or the defendant...

Filing a motion under the 5K rule

Only the Government can file a 5K1.1 motion. If there is a mandatory minimum to get under, Government must also specify departure under 18 USC...

It's a very real possibility that Friend is going to pull some more federal time after finishing the State bit. The U.S. Sentencing Guidelines...

What are the guidelines for a prisoner to get boot camp who is sentenced to 3 years in prison?

There is no federal boot camp. The BOP ended it about ten years ago because it decided the program wasn't cost effective.

How long after RDAP before released

There's no guarantee that your cousin will even be in the next RDAP "cohort." If other inmates transfer in with less time to the door, they will...

Is it illegal to take away someone's right to a trial?

This does not sound like a criminal law question. All criminal defendants have a constitutional right to a jury trial. In civil cases, there are...

Federal halfway house petition

Once the BOP has made it's pre-release determination, it is exceedingly difficult (and I mean nearly impossible) to get them to change their...

I need to find an expert that can help me prove that the medical care at BOP Carswell is below community standard.

There will be no way to "prove" Carswell is below the community standard of care without litigation. Any expert you hire (typically for several...

Can you go to trail after signing a plea agreement?

In the federal system, you would have to withdraw your plea and the agreement in order to go to trial. This can be challenging, and depends on a...

When I clerked for prosecutors, I was told that "sometimes you prosecute because it's the right thing to do." So prosecutors will, and do, indict...