
After Guilty – your next most important court date may include your,
Presentence Report
Prepared Before The Presentence Interview (PSI) and Sentencing Hearing.
From It Your Future Is Determined,
I) The judge uses it to determine the length of your sentence:
- By following the United States Sentencing Commission (USSC) Guideline Table.
II) The BOP uses it to determine where you will be placed.
- Per Program Statement P5100.08, Taking into account both Public Safety Factors (PSF) and Management Variables, (P5100.08, Chapter 4 Pages; 5-13 – Chapter 5; Pages 12-13).
III) The Presentence Report (PSR), preferably done before the Presentence Interview (PSI):
- Properly done, is a comprehensive background that takes into account your;
- past medical, familial, and social history.
- past criminal history, if any.
- current medications.
- past education, military, community service along with other relevant certifications -diplomas, or ranks you have achieved.
- Impacts you throughout the term of your confinement.
- Then follows you after incarceration, while under supervised release.
- Ultimately becoming a permanent part of your record.
Considered the “Inmates Bible”,
- It impacts your every decision during, and after your time in federal custody.
- Therefore, getting it right then from the outset is critical.
- It provides for your Medical (and Mental) Healthcare Needs regarding facility placement.
- Lets you know if your current medications are available;
- BOP Medications; there are approximately 3500, made available through 3 Tiers;
- On Formulary, these are available.
- Non-Formulary; these require a lengthy preauthorization process.
- If applicable, should be addressed before the sentencing hearing in order to expedite their availability.
- Lastly, the specific medication may just not be available.
- Here the legal team should consult with the treating physician to help identify whether there is a suitable medication option available through the BOP Formulary / Non-Formulary model. This list can be found online.
- If no medication substitutes are available, this should be addressed before the sentencing hearing so as not to deviate from the standard of care within the community.
- BOP Medications; there are approximately 3500, made available through 3 Tiers;
- Identifies your client’s legal residence.
- Allows for,
- placement needs that address mental illness and other psychological issues.
- Determines security levels, where options can range from:
- Camps: either Minimum FPC or Minimum Satellite Camps, to
- Security levels range from Low, Medium (and Medium USP), High (and High USP), USP, SuperMax, and Administrative (which include all levels).
- Federal Medical Centers (FMC)
- Preparing the PSR, and Sentencing Hearing
- In drafting a request for prison placement or designation,
- specifically stating the reasons why you are making the request, and then framing your recommendations may become part of the court’s Judgment and Commitment (J&C) orders imprisonment section, and together could lend itself towards BOP acceptance.
- In drafting a request for prison placement or designation,
- Getting the judge to agree (per–18U.S.C.§ 3621(b)),
- their recommendation can be included in their J&C orders imprisonment section.
- the PSR together with a qualified placement request that includes framed recommendations in terms of the reasons underlying them
- ’ lays the groundwork for the best possible judicial recommendation,
- along with a potentially successful BOP placement outcome.
- A PSR is best prepared by defense counsel before the PSI.
- This is done in order to begin to lay the groundwork to address the defense efforts to mitigate the sentence and BOP placement request, §13:10 Tips on getting your client the lowest possible sentence.
- Document-Document-Document;
- The best way to influence a judges ‘preconceived selection of a tentative sentence before the hearing’,
- file your sentencing memorandum (approximately 1 week before the sentencing hearing)
- using the §3553(a) factors to demonstrate and support why a sentence below the guideline range is “sufficient,
- but not greater than necessary”, to achieve the goals of a fair sentence.
- file your sentencing memorandum (approximately 1 week before the sentencing hearing)
- Additional recommendations,
- include character letters (or videos) from people willing to offer insight into your (the defendant’s) true nature,
- not diminishing the seriousness of the offense(s) and
- apologizing to those you have harmed;
- could go a long way toward achieving the sentence you want.
- The best way to influence a judges ‘preconceived selection of a tentative sentence before the hearing’,
- Waiting until the actual hearing to make your sentencing and placement case makes it far less likely that the court will listen.
- Does your client have a physical or mental impairment, drug or alcohol dependency issues; corroborate with their:
- Doctors’ letters and/or report
- Medical treatment record history
- (under seal, preferably via the Probation Office so that the information is appended to the Presentence Report so that it’s transmitted to the BOP).
- Similarly, if your client has a military service record or a history of good works, provide these appropriate documents or testimonials.
Johns Hopkins COVID Tracker In Real-Time
Incarceration in the age of COVID-19
*Note: As research is ongoing and worldwide, we will do our best to keep this site current.
Doing your best to protect yourself from COVID, in prison.
- Masking (while nobody wants to wear them, it is the best protection after vaccines) This uTube is still the Best overall explanation yet.–>
- Vaccines (they have all been used a billion times, so the research is out there)
- Monoclonal Antibodies –COVID-19, BOP Clinical Guidance, 08/2021.
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- Evusheld from AstraZeneca (EUA) is used only for those:
- for pre-exposure prophylaxis (prevention) of COVID-19
- 12 years of age and older, weighing at least 88 pounds
- in individuals who are not currently infected with COVID
- who are moderate to severely compromised immune systems due to a medical condition
- who are taking immunosuppressive medications or treatments
- who may not mount an adequate immune response to COVID-19 vaccination, see fact sheet
- who have a history of severe adverse reactions to a COVID-19 vaccine and/or its components
- Sotrovimab – hospitalized patients only – available in the BOP
- Glaxo SmithKline and Vir’s “Sotrovimab, available in the BOP and is effective against all variants, including omicron“.
- Bebtelovimab (EUA) “against both the Omicron variant and the BA.2 Omicron subvariant,”
- for those with a positive COVID-19 test, and
- who are at high risk for progression to severe COVID-19, including hospitalization or death,
- where other treatments are not accessible or clinically appropriate.
- Bebtelovimab is not authorized for patients who are hospitalized due to COVID-19 or require oxygen therapy due to COVID-19.
- Evusheld from AstraZeneca (EUA) is used only for those:
- Antivirals, most are available orally.
- Pfizer’s COVID-19 oral pill,
- The Good News: Near 90% protective against hospitalization,
- The Bad News, if Congress goes ahead and cuts COVID funding, for 1 week’s supply it could cost way over $500.++
Retains its effectiveness against Omicron, December 14, 2021 (Reuters).
- Pfizer will grant a license for their antiviral pill to the Geneva-based Medicines Patent Pool, producing generics in 95 countries.
- The Good News: Near 90% protective against hospitalization,
- Merck’s molnupiravir (EAU for mild-to-moderate cases of COVID-19 who were not hospitalized).
- Cost, it is much more, and – less effective?
- Nature, 10/8/2021, Merck’s antiviral, would cut hospitalizations and deaths by half.
- On November 26, 2021, Merck revealed their trial results show Molnupiravir had a risk reduction of 30%, Reuters.
- Further, a loose alliance of big pharma companies including:
- Gilead, Novartis, Schrödinger, Takeda Pharmaceutical, and WuXi AppTec, all have formed to share ideas, resources, and data to develop custom pan-coronavirus antivirals. The overarching goal is for the scientific community to come up with a solution to this—or the next—pandemic.
- Pfizer’s COVID-19 oral pill,
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Don’t let this be a missed opportunity!
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