Thank you for your response, I was afraid of that.
Under the federal law, all sentences are pursuant to the Federal Sentencing Guidelines based on pre-sentence review by the federal probation office. I am afraid that what this means is reviewing and overturning a sentence is extremely difficult and will only be granted if she can prove that the judge deviated from the sentencing guidelines and gave her an excessive sentence without articulating good cause.
I am afraid that if she cannot show her sentence was outside of the Federal Statutory Sentencing Guidelines, the court
will deny any request for review.
If her sentence is outside of the sentencing guidelines, then the remedy is filing a Petition for Post Conviction Relief
and in that petition, she would have to describe what the sentencing guidelines state for her charge and how her sentence was outside of those guidelines. The Federal Public Defender's Appeals Section in MT would be the agency to assist in representing her or she would have to represent herself if they cannot do so. The federal prisons have actually top notch legal libraries and also provide not just access to forms but have inmates in the libraries who are very well versed in these types of post conviction relief appeals, so she has some options to getting her motion for post conviction relief filed with the court in Billings, MT where she was sentenced.
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