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Legality of a sentence: Let me try this question again. Is it legal for a Judge in Idaho to impose, as part of a sentence, attendance at AA meetings. I am not questioning the validity of AA. I simply would like to know if it is legal. Thanks

Asked 6 months ago in Federal Crime

Stephen’s answer: AA or the equivalent. The judge's concern is that you seek help on an outpatient basis in some form. So think, if you do this and complete it, the hope is that with the addiction resolved, your tendency towards bad decisions will also disappear. On the other hand, you complete it or not and re-offend, it will come up that your addiction is less of an excuse than your intent to break the law. Now go get better.

Answered 6 months ago.


Can a federal sentence under the 924(c) mandatory minimum provision stacking statue STAND ALONE without the predicate offenses?: The predicate offenses (robbery) were dismissed via a plea agreement but that is what brought the 924(c) gun charges and is why I was sentenced as if the predicate charges were still part of the sentence. Does this create a mis-application of the law since they applied the 924(c) counts WITHOUT the robbery ( 924(c) states gun use during an act of violence) Would this render the plea agreement invalid...We need a federal criminal post-conviction attorney to review this issue.

Asked almost 2 years ago in Federal Crime

Stephen’s answer: There is always relevant conduct, but the predicate must exist for the 924(c) to work. The predicates are convictions, not charges. What were the convictions supporting the application? Do you have other convictions not mentioned here? Also, not all acts of violence predicates have a gun component, just the threat or actual violence seems usable for the Feds.

Answered almost 2 years ago.


Can a dismissed federal indictment (felony) for drug trafficing be reopened after being dismissed 10 years later?: In 2002 a federal crime (felony) was charged. In 2013 the case was dismissed due to the inability to locate essential witnesses. It was not specified with or without prejudice. Simply dismissed by the District Judge. Can this case be reopened? Or a new case number filed for the same crime?

Is there any literature on this matter?

Asked almost 2 years ago in Federal Crime

Stephen’s answer: Please check PACER.gov to look at the dismiisal to see. Depending on the Statute of limitations applicable here, this may be all done.

Answered almost 2 years ago.