Archived
Under federal sentencing guidelines and federal drug conspiracy law, if a person joined a 10 month conspiracy to distribute
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Answered on May 04, 2014
In a prosecution for conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846, the defendant is responsible for the full...
Does a 5K1.1 motion during sentencing reduce the sentence by ~1/3 below the sentencing guidelines, or below the mandatory
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Answered on May 04, 2014
A motion for downward departure pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e), if granted, justifies a district court's sentencing a...
Archived
My husband is being charged twice for a drug crime conspiracy to manufacture an distribute an then manufacture an distribute in
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Answered on May 04, 2014
The federal and state government are different sovereigns, and both – however unfairly – may prosecute him for the same crime if both have...
I am a Level 32 on the federal sentencing guidelines, with I (0 or 1) criminal points. There is mandatory minimum.
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Answered on May 04, 2014
A district court determines a defendant's sentence by (1) determining the statutory maximum and minimum (if any) penalties; (2) determining the...
Archived
How long can my husband be held in jailwithout being sentence for a federal case???
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Answered on May 04, 2014
Federal Rule of Criminal Procedure 32(b)(1) requires that a district court impose sentence "without unnecessary delay" after the defendant's plea...
Possession of marijuana <1 oz. at a federal park. Ticketed by a park ranger. The case is in US District Court.
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Answered on May 01, 2014
The simple possession of a controlled substance in violation of 21 U.S.C. § 844 is a Class A misdemeanor, which is punishable – for a first offense...
Archived
I was convicted in 96 in federal court conspiracy to distr. marij. can i posses a firearm for protection in my home, shotgun
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Answered on April 30, 2014
18 U.S.C. § 922(g)(1) prohibits a person who has been convicted of a crime punishable by more than one year of imprisonment – with very limited...
Should a motion for a Franks hearing have been filed?
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Answered on April 29, 2014
In Franks v. Delaware, 438 U.S. 154 (1978), the US Supreme Court held that a law enforcement agent's intentionally or recklessly including a false...
Archived
Does a federal defendant have the right to an actual copy of a plea offer?
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Answered on April 29, 2014
The US Supreme Court held in Missouri v. Frye, very generally, that an attorney must present all plea offers to the client, and it held in Lafler...
I was charged with possession of child pornography the pd wants me to plead guilty and take the plea deal which states 78month
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Answered on April 29, 2014
If the private attorney has reviewed the evidence in the case thoroughly and has determined – based on the facts, the law, and his or her...