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rbaskin · Mar 14, 2008, 09:18 AM

My uncle was sentenced back in 1993 for conspiracy to distribute 50 grams or more of crack cocaine. He was normally suppose to get the mandatory 10 years which was in his plea bargain and indictment. After being sentenced there was a discovery that the quantity went from 50 grams or more to 7 kilograms of crack cocaine being attributed to him. Supposely he had a base offense level of 40. In 1994 the guidelines were adjusted to 38. The judge claims to have given him the 2 level reduction even though he shouldn't have been entitled to it. He was sentenced to 250 months. His projected release date is 11/19/2011. He filed a motion with the court but it was denied. The reason why because the new amendment only gives you a two level reduction with exception to those who were charged with 4.5 kilos or more. Unfortunately, he was charged with 7. Is he still entitled to a sentence reduction since it was his first offense and him being a non violent offender and the charge being conspiracy since they had no evidence on him in particular.

MOWERMAN2468 · Mar 14, 2008, 11:19 AM

Well, I personally wish all drug dealers were behind bars, then the police would have something else to work on and try to clean up our country. You say he is not violent, well the drugs he dealt may be responsible for someone else's violent crimes.
And if the court denied his request, so be it, he lost a lot of his rights when he became incarcerated.

excon · Mar 14, 2008, 12:01 PM

Hello rb:

What mowerman doesn't realize that each time they arrest somebody there's another waiting to take his place. As long as drugs are illegal the profit will remain high. Therefore, even if they lock up ALL the dealers, as long as the demand is there, the drug business will continue.

From what you've related, there's too many things that have gone on over the 15 years for me to say whether he's eligible for a sentence reduction. I don't understand how they raised his sentence after he made a plea bargain. I don't care how much MORE they discovered he did. A bargain, is a bargain.

Having said that, of course he can write the judge and request a sentence reduction. If he thinks he has grounds, explain them to the judge. If he has resources, he should hire a lawyer to do this. But, he's broke, isn't he?

excon

twinkiedooter · Mar 15, 2008, 12:07 PM

If the state decided to add more onto his sentence due to the 7 kilos then they have every right to do so and they probably would like to keep him off the streets and keep his product off the streets as they believe he was a much bigger dealer/pusher than they had originally thought he was. I think it's too late in the movie here to do much of anything for him now. He's just going to have to do his time as he messed up by dealing in crack in the first place. Level 40 or level 38 - he's pretty high on the scale for them to want to do much of anything at this point as far as lowering his sentence. May I suggest you look up the levels yourself and see just how he qualified for such a high number as 38 or 40? It could be an eye opener for you.

Fr_Chuck · Mar 15, 2008, 12:20 PM

Yes, the issue here was the plea bargin, did he have it with the DA, was it in writing, *** his attorney should have been doing all of that.

If the judge rejects the terms of the agreement, he can make the choice to go ahead or go to trial. Once he is sentenced, they are not suppose to "change" a sentence, most certainly never add time, unless there were changes in the original charge and/or additional charges made.

He needs an attorney to review his entire case, all of the paperwork, all of the plea agreement, sentencing and so on.

ssmith63 · Jul 13, 2012, 12:57 PM

My daughter's Dr. had just increased her Celexa a medicine for depression, she had been taking for over a year without any side effects. 3 days after the Dr. increased the dose, she drove my 7 yr. old grandson to get a movie, and got drowsey and swerved. A po;iceman was behind her and pulled her over. He ask her had she been drinking she said no. He gave her a breathalizer which she passed. Then she said "it must have been the meds the Dr. gave me". He arrested her for DUI with CHILD UNDER AGE 15 in the car, which is a felony. She was given the choice of9 months SAFE_P and 4 years probation or 1 year state jail. She took the 1 year state jail, so she wouldn't be on probation for 4 years. She wrote and said for me to get her case number, and find a FIRST OFFENDERS site, that will have a form I can fill out to request a reduction of sentence. Do you know where that site is? Or if this is even correct? Hopeful, Mom

excon · Jul 13, 2012, 03:00 PM

Originally Posted by ssmith63

find a FIRST OFFENDERS site, that will have a form I can fill out to request a reduction of sentence. Do you know where that site is? or if this is even correct?

Hello s:

No, it's not really right...

First off, IF she's eligible for a 1st offender status, then a simple letter to the judge will be the same as a form. Secondly, if she accepted a plea bargain, and it looks like she did, she's NOT going to get it reversed.

If she has GROUNDS for a reduction of her sentence, have her write a letter to the judge. But, they're NOT going to do it just because she asked.

excon