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:

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;
        1. On Formulary, these are available.
        2. Non-Formulary; these require a lengthy preauthorization process.
          • If applicable, should be addressed before the sentencing hearing in order to expedite their availability.
        3. 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.
  • 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.
  • 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.
  • 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.
    • 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.
  • 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.


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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.

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