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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience:  I provide general practice and mediation & arbitration services to my clients.
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In 1999, in the State of Texas, I was sentenced to 16 years

Customer Question

In 1999, in the State of Texas, I was sentenced to 16 years for possession with intent to deliver over 400g of cocaine. With the new cocaine sentencing guidelines, am I eligible or fit the category for a reduction?

I am a retired military person with a stella military record and made a bad decision in my decision making process. I made a mistake. I spent four (4) years incarcerated and has been out for a period of six (6) years. I have an absolutely clean record with my Parole Division.

Please inform, thank you.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 7 years ago.
It is very likely. On November 1, 2007, the Sentencing Commission amended the guidelines by providing a two-level reduction in most crack cocaine cases. By making this amendment retroactive, the Sentencing Commission invited federal inmates convicted of trafficking crack cocaine to re-open their sentences for purposes of modification and reduction. While the guidelines limit the reduction to two-levels, Supreme Court precedent suggests that, once the sentence is re-opened, federal court judges retain full discretion to sentence anywhere within the statutory range set by Congress. In some circumstances, this can give federal inmates an opportunity for immediate release, and in your case may be able to cut down your time that you are formally placed on probation.

I do suggest you contact a criminal law attorney in your area who can help you re-open the case and see what type of a modification you can be eligible for.

Good luck and I hope you are able to get your sentence lowered.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
My charges related to Powder Cocaine and not Crack Cocaine. Does this makes a difference? My case was a State of Texas case and was sentenced by the State. Please respond by addressing a State case and will the same apply. Do you know what is the present sentencing guideline for 400g and greater and the guideline during the time I was sentenced? This will show hopefully the difference. Thank you and I shall await your response.
Expert:  Dimitry Esquire replied 7 years ago.
That makes a huge difference and will most likely make you illegible for the sentencing review. The reason for reductions was that powder and crack were being given significantly different sentencing guidelines, where the crack abusers were given much longer and harsher sentences. As such it is the individuals convicted of crack cocaine infractions who are eligible for the review.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
Do you know what is the present sentencing guideline for 400g and greater and the guideline during the time I was sentenced? This will show hopefully the difference. Thank you and I shall await your response.

Being that my case is Powder Cocaine, what is the possibility/probability of me getting a favorable review in your opinion?

"As such it is the individuals convicted of crack cocaine infractions who are eligible for the review". Will I be spinning my wheels reopening the case due to the fact that my case is Powdered Cocaine?
Expert:  Dimitry Esquire replied 7 years ago.
I am sorry, but I do not have the 1999 guidelines here. Today's guidelines, however (without any mediation or exacerbated charges) it would be about 53-61 months and $10,000 to $100,000 fine.

I really cannot comment as to what your chances are, as it is the "crack cocaine" charges that are being over-turned, but I would suggest you contact a local attorney to make sure. Having one consultation will not be "spinning your wheels", but at least from all I know and am aware of, only crack offenses are reviewable. You are definitely urged to get a second opinion, should you need one.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Customer: replied 7 years ago.
Thank you, XXXXX XXXXX You have been great.

Thank you, XXXXX XXXXX total support and answers provided.
Expert:  Dimitry Esquire replied 7 years ago.
You are most welcome. Good luck to you!

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