Hello everyone. My husband and his friends are awaiting sentencing for drug conspiracy in New Jersey. My husband is a first time offender. He chose to take this case to trial and lost. Would he have accepted a plea agreement, he probably would not be looking at a mandatory minimum of 10 to life. No weapons involved in regards to my husband. His friends do have weapons charges. This is a federal case and I know that life means LIFE. On the state level life is 30 years. Could a low level co-conspirator (I'm calling him that for the sake of the charge--unfortunately for me and his children, he is just a loyal friend) actually receive a life sentence? The conspiracy alleged more than 5 kilos and the drug was cocaine. I guess what I want to prepare myself for is the TIME. What is he facing possibly? Any responses are greatly appreciated. Thank you.

Hello jerzeygirl:

You say he's facing 10 years to life. Ok. I'm not familiar with up to date federal sentencing guidelines. It's my understanding, however, that mandatory doesn't mean today what mandatory meant a few years ago. What I mean by that, it appears that the judge has more discretion in sentencing than at any time in the last 20 years. That's good for you and your hubby.

I hope that you've contacted us BEFORE he met the probation department to do the Pre-Sentence Investigation Report. That report is crucial, not only to his sentence, but to his custody level, and his eligibility for parole if they ever start doing that again.

He should view this interview as just another in which he should remain closemouthed. He should be polite. He should be contrite. He should take responsibility for his crimes. And, he should NOT admit to anything other than what he was convicted of.

He should also have an opportunity to view the report before its submitted, and he should challenge it if there is ANY discrepancy or allegations NOT proven in court. As an example, even though he may have been convicted in a conspiracy for 5 k's, some of his co-defendants may have alluded too much larger amounts. Sometimes those allegations of larger amounts wind up in the PSI Report and everybody, including the judge, who subsequently reads the report, treats him as though the larger amounts were fact.

Once those things are in the report, they are impossible to get out. His ONLY chance is in the beginning.

What he is sentenced to, how long he serves, the quality of his time, and where he serves it is very much in your hands.

excon

Yes that pre sentence report will mean everything for him, for the sentence and where he goes and his security level, even to his use of phones and vistis latter.

I was sorry to see the good time * early release* taken from the federal system, it worked well in my opinion for many. Also of course the what if, is always there, but he choice a trail instead of a plea bargain, in such causes he may have been out in 4 or 5 years. But a lot will also depend on which judge you are in front of, some are harder on drugs than others

Like excon said, be sure the mention of weapons is not in the report if at all possible.

But at this point it is all over by the time.

Thank you so much for the prompt response. One of my husband's co-conspirators already had his PSI. My husband has not had his PSI yet. I will be sure to let him know that he should be very careful and review the report thoroughly once complete. All defendants are reporting for pre-sentence tomorrow in Fed. Court. I was working on collecting character letters from friends and family. Hubby's lawyer informed me that they will not help. Not much Judge can do. I am still going to send them to the judge. I am still hopeful. The letters might help. Thank you so much!

First attempt at another trial was shot down today. Our next step is appeal. How long is this process? Will the appeal take years? This will supercede the sentencing and I'm hearing that alone can take a while.

Hello again, jerzey:

Yes - years. Try to get an appeal bond, so hubby can stay outside while the appeal is being decided. If your grounds are good, they might give it to him... But they rarely do in federal court.

It's hard to admit your crimes to the PO when you appealed them... NOT admitting them for the PSI will be damaging. See above when I said the word "contrite". The PO will make a sentencing recommendation that he'll reach by using some convoluted formula which includes points for contrition.

Less points - more time.

excon

Yes, appeals can last years if the court even decides to hear it. Then of course they may call him up for the case in weeks, but I never know why some get heard faster and others drag and drag.

With the Feds also, try to negotiate location. If you want him near you to vists try to get an agreement at least to start that hewill be in so and so prision. But remember some are better than others, Some of the Camps, like Raybrook in upstate NY are great, othes places like Atlanta, well are not

A word on Appeals. An appeal is filed on the grounds that something improper occurred during the trial. It's a procedural issue, one can't appeal the verdict. So on what grounds is your husband appealing? While its often a knee-jerk reaction to file an appeal, most are not allowed because of that.

Husband and friends took this to trial because everyone was sure that this was going to be a sure win. We now have 28 motions for an appeal [I am told]. I think I'm saying that right (28 reasons brought up during trial for a mistrial which were shut down by judge).

During the jury deliberation, the jury came out twice to ask "what if we feel some of the individuals were part of the conspiracy but others were not?" Defense counsel asked the judge to please read the jury instructions again to the jury as they were clearly confused. Judge refused. The jury came out a second time with the same question. It took 6 days for the jury to reach a verdict on the conspiracy charge. Defense believes that the jury clearly did not feel that the conspiracy was proven beyond a reasonable doubt. The judge handled this question from the jury by simply informing them that "they had to find them all guilty for a conspiracy to exist." I didn't have to be a lawyer or a judge to know what the jurors were getting at. There were clearly 2 defendants in this matter (hubby was one of them) that should not have been included in this conspiracy.

My husband's involvement in this matter is due to telephone calls (about 3-4). I'm not surprised because like I said--these are my husband's BFF. They are like his brothers. They know everything about each other. The DEA did not find drugs, weapons or anything illegal in our home or in my husband's possession. We had a leased vehicle taken from our driveway--for no reason whatsover. Leasing company has now filed judgement against us. I also have a trial pending for my home. They want my home! Home was fully financed. So I am not worried about this. It just sucks!

Sounds like you're telling me that the appeal that the lawyers are going to file will not allow my husband to "accept responsibility" at PSI. Or that may not be wise. Correct?When I read your replies I thought this would be the answer. Just get them off our backs. Do some time and be done with it. What to do??

Thanks guys! I am a nervous Nelly right now. A true wreck! My hubby is a wonderful man, husband, father. He has a smile that lights up a room and a personality and heart to back it up. He does not deserve this.

This sounds iike your husband was foolish enough to be tried in a group, and did not hire and have his own private attorney, and did not ask to be tired separate of the other defendants,

If he was the less of the group, he will get flushed in the system when tried with a group. He will be judged by the worst of the grouop.

In the appeals they may say they have all these grounds, but remember another judge has to review and say the other judge did not do everyhing right, it is not as easy and simple as you think. And it has to be done on federal procedure rules, not state

Oh no... he did have his own private attorney. He was foolish though for going through with this trial. I can't believe things have turned out this way. It has all happened so quickly. No turning back now. I'm hoping the sentencing won't be as bad. I'm going to start mailing the judge the character letters I've received from friends and family a little at a time. Judge probably won't even read them but makes me feel good. I can't sit at home doing nothing.

My husband owns a trucking company. He's a contributing member to society. I am running it now to keep up with the bills. He did very well these past two years. Does that mean anything at sentencing? I also work full-time. We live decent lives and have earned everything we have.

Can he decide not to be part of the appeal process? But what if the appeal turns out to be a good thing? The lawyers all seem to think so.

Was this possible? In a conspiracy case? We just heard that he could have accepted a plea agreement that did not list specific names/individuals. The word "others" could have been used to reference the conspiracy. Do you know if that is true? If so, then the first lawyer we had did not inform us of this. We dismissed him because he kept coming at us (I mean hubby) with plea agreements that were not acceptable. My husband hired a second lawyer and clearly informed him that he was not interested in incriminating any of his friends. That was the end of the plea agreements. It was trial from that point on. I guess at this point we just have to go with the flow now.

Like I said, to appeal there must be some grounds to show that the defendant was not giving a fair and legal trial. And what you are telling us makes sense towards that. Sounds like you have a good chance of overturning the verdict. The problem here is whether you can separate your husband.

If the verdict is overturned it means the DA must decide to retry or not. It doesn't mean your husband was found innocent.

I guess it's worth a try at this point. Thanks.

Does anyone know anything about the Safety Valve? He was eligible at the beginning of everything. Does he lose this because he went to trial? I've been reading the requirements. I'm stuck on #5.

What safety Valve?

5C1.2 -Limitation on Application of Statutory Minimum in Certain Cases (Safety Valve). He was eligible and it was something that was brought up frequently by the DA. I keep reading the requirements and I am just not sure if question #5 would make him ineligible (because he did not cooperate). This "safety valve" would have reduced hubby's sentence greatly.

Hello again, girl:

5C1.2.5 "not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses"

From my reading of the above, he would have had to be a snitch. You say he didn't. Therefore, he's not eligible.

excon