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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118780
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What are the chances of resentencing (split sentencing or if

Customer Question

What are the chances of resentencing (split sentencing or if custody points are low enough for a camp but was sent to a private federal prison)? When two counts are involved running consecutive 12 mos per count, a total of 24mos. At the age of 58yrs and have a degree in science. Charges were 1 count uterring and 1 count of forgery. Sentence in Washington, DC.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
This was a federal conviction?
Customer: replied 6 years ago.
1 count of uterring, and 1 count of forgery.
Expert:  Law Educator, Esq. replied 6 years ago.
Is this a federal or a state conviction?
Customer: replied 6 years ago.
Federal conviction out of the District's Superior Court
Expert:  Law Educator, Esq. replied 6 years ago.
Federal sentencing guidelines are very strict and when applying for a motion for modification of sentence the court looks at only whether or not the sentence falls within those guidelines. If the court finds that the sentence is within the guidelines, they will not order or consider resentencing. If his sentence falls into Zone B on the guidelines he is eligible for split sentencing. So, in order to make this determination you need to read the sentencing report to see where he was classified. As far as a camp, this is at the discretion of the court and subject to the availability of the Bureau of Prisons (which has the final determination). However, based on the criminal history and sentencing report, it is possible that he could get his sentence modified but would need an attorney to review the report and file the motion for sentence modification.


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Customer: replied 6 years ago.
Thank you
Expert:  Law Educator, Esq. replied 6 years ago.
Thank you.