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A NC inmate serving a federal sentence in SC for 1)stealing

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firearms, 2)possession of firearms and...
A NC inmate serving a federal sentence in SC for 1)stealing firearms, 2)possession of firearms and 3)being a felon with firearms has exhausted his appeals. It was brought to our attention that he was serving his state and federal sentence overlapped. State charge 2004-2010 and feds claimed his federal sentence began 9/16/2010 but he was convicted Jan 11, 2005 and sentenced 5/12/2005. Counts 1 & 2 ran concurrently. They said count 3 had to run consecutively. Therefore, he served Counts 1, 2 2005-2010 and Count 3 should have been 2010-2015. Plus, it was calculated he got credit for 54 days per year which would have made his sentence end in 2013. They calculated it to be 2023 with 5 years for each count and credit for good behavior. What do you think? We plan to file a 2255 based on this newly found info.
Submitted: 1 year ago.Category: Criminal Law
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Answered in 16 minutes by:
8/24/2016
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 1 year ago
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 1,865
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Good evening, I am a criminal defense attorney and former Prosecutor for the State Attorney's Office, while we do not have an attorney-client relationship, I do believe I can assist you with this for educational purposes. I absolutely agree with you that it's definitely worth filing and taking a shot at; for your client it would have significant impact. I think you have a very strong case if you have copies of the plea colloquies or something of the sort, and any other possible evidence, such as transcripts from the court records on the dates he was sentenced. You wouldn't want something this big to get overlooked. I would recommend filing the motion.

(Also please remember to rate me using the stars, as I do not receive compensation for my efforts unless you do so, even though you've paid a fee to just answer. You can still ask me questions and receive my answers for free even after you have rated me. Thank you!)

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 1 year ago

I hope my answer was helpful. Do you have any more questions?

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If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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