Archived
If my psr guidelines call from 1 day to 6 months does that mean the judge has to give me jail time and can he go over guidelines
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Answered on July 12, 2013
The US Sentencing Guidelines only recommend an advisory sentencing range. The judge has the ability to sentence you above or below that advisory...
Archived
Does "Fraud Upon The Court" apply in a Federal criminal case?
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Answered on July 12, 2013
I agree with Mr. Robinson that these are extremely serious allegations against your attorney, and you should be sure, after a conversation with...
Is a federal criminal PSR "pre-sentence report" public record?
Joshua's answer
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Answered on July 12, 2013
Neither the United States Code nor the Federal Rules of Criminal Procedure prohibit the general disclosure of a presentence investigation report,...
Can someone be released on bond after being sentenced in the federal court awaiting appeal?
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Answered on July 10, 2013
An appeal bond in a federal case is legally possible, but the defendant, pursuant to 18 U.S.C. § 3143(b), must demonstrate (1) by clear and...
Archived
Recommend a legal research firm ?
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Answered on July 10, 2013
Are you represented by an attorney, or are you proceeding pro se?
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE...
Archived
Can someone explain what this means?"Email me a copy of, or citation for, the court of appeals opinion he'd like to challenge".
Joshua's answer
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Answered on July 10, 2013
An "opinion," in this context, is a written decision in a case by a US Court of Appeals. Each opinion has a citation referencing the reporter...
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What is the federal statute of limitation for bank and mortgage fraud in texas? the date of the office was 11/2007 & 2/22/2008
Joshua's answer
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Answered on July 09, 2013
In federal court, mortgage fraud may be prosecuted as Bank Fraud (18 USC Section 1344), Mail Fraud (18 USC Section 1341) and/or Wire Fraud (18 USC...
Archived
Federal Judicial Procedure - Arraignment Process
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Answered on July 09, 2013
No. A contract, generally, requires an offer, acceptance of that offer, and consideration. You either entered a plea of not guilty, thereby...
Archived
Has the "Good Time" bill passed?
Joshua's answer
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Answered on July 09, 2013
Each year, a bill is introduced in Congress to increase the good conduct time credits in 18 U.S.C. § 3624(b) from 54 days per year (approximately...
Archived
How do you file additional papers after you have already filed a us 2255
Joshua's answer
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Answered on July 07, 2013
Address the new information in a supplemental brief in support of the 2255.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE...