Some what of a legal questione with sentencing

[Joejo]

I had some friends take the wrong path... They were hit with the federal minimum mandatory for their actions. 15years... They never were given the option of receiving less time(maybe if they cooperated). And they spent over a 100k each on their defense. They were looking at 15 & got 15(& 1 concurrent for the firearm).

For the federal level its some what less subjective for judges. For one there are federal mandatories. Without having the defendant do some type of migating activity (ratting or leading to bigger and better busts) your friend was pretty much shit out of luck. The judge is pretty much obligated to look at a chart, look at the crime, see if there are any migating circumstances (and if there are none it is black and white) and sentence away. Since your friend didn't "cooperate" if you will he got the federal mandatory.

On a state level the judge is free to use the prosecutors recomendation and/or ignor it completely (much more subjective on the state level).

 

[PeterBobJohn]

For the federal level its some what less subjective for judges. For one there are federal mandatories. Without having the defendant do some type of migating activity (ratting or leading to bigger and better busts) your friend was pretty much shit out of luck. The judge is pretty much obligated to look at a chart, look at the crime, see if there are any migating circumstances (and if there are none it is black and white) and sentence away. Since your friend didn't "cooperate" if you will he got the federal mandatory.

On a state level the judge is free to use the prosecutors recomendation and/or ignor it completely (much more subjective on the state level).

No No NO, the guidelines are eroding as we speak!!!
its not a judge looking at a chart and applying some preset standard set forth by the legislative body.
The fed guidelines have eroded over the last several years and with additions to the Supreme court like the liberal Justice Sonia Sotomayor the guidelines will continue to erode.
She has recently added several dissents to some recent decisions involving prisoners appeals, and as you know a dissent does nothing to impact the case at bar but it may have a future effect on cases coming down the pipeline.
For example Justice Scalia dissented several times on the theft of honest services law which has now been basically castrated by the Court, his dissents helped one of the Enron gentlemen win his appeal before the Supreme Court and the issue was the overuse and abuse of the theft of honest services doctrine.

 

[Joejo]

No No NO, the guidelines are eroding as we speak!!!
its not a judge looking at a chart and applying some preset standard set forth by the legislative body.
The fed guidelines have eroded over the last several years and with additions to the Supreme court like the liberal Justice Sonia Sotomayor the guidelines will continue to erode.
She has recently added several dissents to some recent decisions involving prisoners appeals, and as you know a dissent does nothing to impact the case at bar but it may have a future effect on cases coming down the pipeline.
For example Justice Scalia dissented several times on the theft of honest services law which has now been basically castrated by the Court, his dissents helped one of the Enron gentlemen win his appeal before the Supreme Court and the issue was the overuse and abuse of the theft of honest services doctrine.

Look who I responded to. That was the exact sentencing guideline used when his friend was convicted. They have been trying to erode them for decades and decades and only recently have they made any progress. I know what the trend is heading towards, but it is not there yet. You are correct when you say it is heading away and eroding, but so do a lot of things that take years and years to acheive. Take a dissent from Scalia with a grain of salt, as he likes to hear himself think out loud. Oh and if your in law school you will read many, did I say many dissents from Justice Scalia.

 

[PeterBobJohn]

Look who I responded to. That was the exact sentencing guideline used when his friend was convicted. They have been trying to erode them for decades and decades and only recently have they made any progress. I know what the trend is heading towards, but it is not there yet. You are correct when you say it is heading away and eroding, but so do a lot of things that take years and years to acheive. Take a dissent from Scalia with a grain of salt, as he likes to hear himself think out loud. Oh and if your in law school you will read many, did I say many dissents from Justice Scalia.

Scalia's dissent set up the groundwork for the castration of the theft of honest services doctrine,
grain of salt? it worked, he set it up purposely and it worked. This is one of his dissents that we cannot take with a grain of salt becuase it worked effectiively
I do agree with you on the other issues. I think you just misunderstood my point.

 

[Joejo]

Scalia's dissent set up the groundwork for the castration of the theft of honest services doctrine,
grain of salt? it worked, he set it up purposely and it worked. This is one of his dissents that we cannot take with a grain of salt becuase it worked effectiively
I do agree with you on the other issues. I think you just misunderstood my point.

When you reply to my post starting off with four no and !!!! You imply my post is 100% incorrect which it is not. Just because doctrine has been over used does not throw out the sentencing guidelines at the present time. That's all. What law school you go to???

 

[PeterBobJohn]

When you reply to my post starting off with four no and !!!! You imply my post is 100% incorrect which it is not. Just because doctrine has been over used does not throw out the sentencing guidelines at the present time. That's all. What law school you go to???

Joe
no big deal, this is no longer fun for me so I am going to stop responding, I use this as an escape from the serious work world and prefer not to engage in some pissing match with someone I don't even know and for no reason.
nice talking to you.
Peter B John
Juris Doctor from school in the northeastern US

 

[Joejo]

Joe
no big deal, this is no longer fun for me so I am going to stop responding, I use this as an escape from the serious work world and prefer not to engage in some pissing match with someone I don't even know and for no reason.
nice talking to you.
Peter B John
Juris Doctor from school in the northeastern US

My bad. No pissing match intended. cheers!

Juris Doctor from school in the northeastern US as well.

 

[PeterBobJohn]

Joe
Lol both frm northeast
Do You practice law?
I passed the bar in 1999
You?