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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If an inmate in a Federal Court is sentenced to one year and

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If an inmate in a Federal Court is sentenced to one year and one day and has already served 4 months at FMC Butner for evaluation, what is the earliest possible date of release. He is an 81 old man in very poor health sentenced to one year and one day, but was originally told his was a probationary case, and it was recommended by the Probation Department in Los Angeles in the Pre-Sentence report that because he was no threat to society and because he was elderly and infirm that he receive no confinement at all - just probation. The judge changed his mind at the last minute and sentenced him. When would be the earliest date he should be released, and is there another way to get him out now. He has suffered three injuries while incarcerated. one was caused by the guard when he told him to stand up straight, let go of his walker and put his arms out to his side. He then passed out and seriously cut his leg on the walker on the way down. The second was a head injury when he was startled out of his sleep and hit his head on the rung of the bunk (metal) and cut his head and his eyeball. He is on blood thinners, so he bled a lot. They then cuffed him like a turkey and cut his leg with the ankle cuffs. He has serious medical problems. He shouldn't even be there. He can barely breathe and can barely walk. His was a blue collar crime, for which he can't remember any of the details because he suffered three strokes that seriously affected his memory. The strokes happened in 2004. The crime (they call it) happened in 2002. He was indicted in 2009. He couldn't remember any of it, but the judge thought he was malingering. I have reams and reams of medical reports to the contrary, but now it is what it is. He had to be coached to plea, and the judge accepted the plea. He could no way have defended himself in a trial. Anyway, now he has served (including the 4 months at Butner) nearly 7 months of his sentence as of June 11th. I understand that he should automatically receive 54 days credit because of the l year and l day added to give him the 54. My basic question is the earliest possible date he could be released?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the federal rules, an inmate must serve at least 80% of their time to be eligible for parole, with the credit for the 54 days, this means his earliest parole date should be 239 days from the first date of his sentence. So, you have to calculate the date from the first date of his sentence. Parole is discretionary to the parole board, but that is the first available time it could be considered.

Based on what you are saying though, this situation sounds like he should be filing a motion for post conviction relief based on the judge changing the terms of the agreement he made with the US Attorney and also based on his mental health condition which makes his allocution in his plea void and you should be helping him to pursue a release and getting the sentence vacated on these grounds.




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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88415
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Would you be so kind as to calculate the time he should be eligible for release. I will give you the dates of incarceration.


FMC BUTNER...April 6th through August 5th.


TERMINAL ISLAND...March 11 to the present. I calculate he has spent 208 days incarcerated. Thank you for helping me. I am confused. The 54 days is confusing me I guess, but he has spent 208 ACTUAL DAYS IN INCARCERATION TOTAL.

Expert:  Law Educator, Esq. replied 1 year ago.
November 5, 2013 would be 239 days (that is also accounting for the 54 days already) from March 11, 2013. If he went in March 11, 2012, then it would have been November 5, 2012. From March 11, 2013 to today is 85 days. See: Date Calculator. I do not know where you are getting the 208 days from if it began March 11, 2013.
Customer: replied 1 year ago.


I am calculating from the 4 months he spent at Butner, which the judge gave him credit for, and that would be approximately 122 days or you could say 4 x's 30, which would be 120 days, plus 85 to the present, which would equate to either 205 days or 207 days. So....he has actually been incarcerated in two separate time periods, which add up to 207 days. If you add the 54 days, that would equate to 261 days. Where would that leave him?

Expert:  Law Educator, Esq. replied 1 year ago.
Okay, I get you. Forget the 54 days, those were accounted for and removed when the 239 days was calculated. I have given you the date calculator, as it seems like March 11 is not the correct start date of his entire sentence and you can put in the beginning date of the first day he began serving his sentence no matter where he was serving and the date calculator will give you the end date of his sentence, which is why I gave it to you as it seems we are not clear on the actual first starting date of his sentence.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88415
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


I'm sorry to bother you again, but if we forget the 54 days, and he has already served 207 days, please tell me when he should be eligible for parole, based on one year and one day. I've already calculated the number of days he has actually spent in prison, which he has been given credit for, not counting the 54 days. I don't mean to seem dense, but you should be able to tell me what the statute states. This should be easy for you.

Expert:  Law Educator, Esq. replied 1 year ago.
If you are correct about the 207 days already served he would have 32 more days to be eligible for parole and that would mean July 6, 2013. I apologize, but I told you what the statute states, but you are asking me to calculate the actual dates and I do not know where you are coming up with your date calculations. He has to serve 239 days (taking into account the 54 days credit already) (80% of his sentence) before being eligible for parole and that runs from the first day he went to jail whatever that date was.

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