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He could file a motion to withdraw his plea and the subsequent sentencing. The argument would be that a manifest injustice occurred in that he entered a plea to an offense that he did not commit and then served jail time for that offense. Furthermore, the guilty plea in that offense effected him in this case in that it enhanced his sentencing.
I will forewarn you, the odds of success are slim. The court system likes finality. Additionally, the court system does not want to encourage inmates to file motions to withdraw their pleas. As such, motions such as this are rarely granted.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Federal sentencing guidelines are extremely harsh. So yes, this sentence seems about "accurate".
And no, I just don't see the Google search information making any difference. The fact that he was accused of a crime he did not commit would not effect his federal sentencing as the guidelines do not factor in allegations, only convictions.
The amount of drug possessed is only one factor examined by the federal court in sentencing. The court also looks at acceptance of responsibility, whether a gun was involved (which was obviously the case here), the defendant's level of involvement in the criminal activity and the person's criminal history (as we alluded to in the earlier discussion of the previous offense).
So, from the cursory information we're able to examine here, your boyfriends sentencing appears reasonable.
I know you want to find a way to help your boyfriend, there is certainly nothing wrong with that. However, based on what you've stated thus far, there is simply nothing here that is compelling enough to somehow "un-do" the prior conviction or the current sentencing. I wish I had better news.
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