- May 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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Leading up to my sentencing (Federal case, first time offender, non-violent, non drug-related), I provided my public defenders office with a dozen letters on my behalf from friends and family and my letter to the judge, asking for leniency. The public defender’s office confirms that they have the letters.
Days before sentencing, I find out that my case has been transferred to another Judge. This sudden change created confusion and uncertainty as to whether all relevant documents were transferred to the new Judge.
Sentencing date comes around, my public defenders ask for probation, the prosecutor is willing to settle for the minimum amount of prison time. Despite these efforts, the judge shows no leniency and instead portrays me as a hardened criminal, a menace to society. When my attorney points to my letter to the judge and the multiple letters submitted on my behalf, the judge claims he does not have any of these documents, not even my pre-sentencing probation report. This oversight results in a harsher sentence, with the judge adding another 6 months on top of what the prosecutor had initially asked for.
The situation raises the question of whether there was a mistake in the transfer of documents from one judge to another. It is crucial to determine if all relevant materials were indeed provided to the new judge. In such a scenario, where vital documents were not presented to the judge, it may be grounds for an appeal.
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Despite facing silence from the public defender’s office, the use of AI technology can offer a proactive and efficient approach to address the concerns raised regarding the handling of the case and the potential grounds for appeal. Thank you for sharing your experience, and we hope that our AI Legalese Decoder can offer insight and assistance in this complex legal matter.
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If you were sentenced in federal court and the judge said on the record that he didn’t have the pre-sentence investigation, that alone might well support an appeal of the sentence.
There’s very little chance a federal judge sentenced someone without having their PSR. It just doesn’t happen. If it did, you should have a solid argument on appeal for a resentencing. That needs to be filed within 14 days of your sentencing. But I find that part of the scenario very difficult to believe. How did the judge know what the offense conduct was, or rule on the guidelines range? Without the psr you can’t even start the hearing.
You’re telling me a federal district judge said on the record that they didn’t have your PSR before sentencing you?
My area of expertise is mostly state court stuff, but I have a little knowledge of the federal side. Can’t give you advice, but I can point out a few things you might talk to a lawyer about.
It might be worth having a paid lawyer take a look at an appeal, if you definitely can’t get a hold of the public defenders. Frankly, I don’t know what the minimum sentence for your crime is, but an extra 6 months on top of it is not likely to be seen as harsh and/or excessive by an appellate court. So I wouldn’t get your hopes up.
But, a few things here strike me as odd. If I’m reading you right, you went to trial and lost (because if you pled guilty, it would be a previously-agreed-upon sentence…unless you pled guilty to all the charges without any promised sentence, which would be unusual).
I don’t know the federal law on this, but in my experience, cases aren’t supposed to be transferred between judges between trial and sentence. If this was done for no particular reason, it could maybe be a basis for appeal. But if your trial judge died or retired, that would be a good legal reason for the transfer.
Also, where I practice, you can’t be sentenced without the court having a pre-sentence report from probation. If that kind of SNAFU happens, the sentencing gets adjourned until everyone gets copies of all the paperwork.
But the bottom line is, even if you get your case kicked back for one of those two reasons, you may very well find yourself back where you started: awaiting sentencing in front of that same judge…who probably won’t like you any better the second time around.
My suggestion would be to keep working on the public defenders, because this appeal might not be worth the money you’d spend on a retained lawyer.
In the federal system, the plea agreement is typically to hammer out what the offense level and any additions or subtractions. The plea agreement will usually set out the expected guidelines range, but the actual sentence is always up to the judge.