Admiral McRaven’s Story:Write Your Story – YourNARRATIVE
William H. McRaven, rising through the ranks to become commander of the Pentagon’s Joint Special Operations Command, was credited for organizing and overseeing the execution of Operation Neptune’s Spear, the special ops raid on Osama bin Laden on May 2, 2011. Admiral McRaven’s experiences and challenges hold true in those challenging times of warfare as a member of SEAL Team Six or to those of us facing Federal Indictments and Prison (temporarily).
His 10 Inspirational Lessons to Live by, from Mandela to a young girl in Pakistan, Malala, should leave you with hope. I Hope You Take 15 Minutes and watch this YouTube; it may Change Your View on Life – “NEVER GIVE UP.”
Disappointments are how the BOP operates – How You React is Up To You, Stay Humble.
DON’T BE AFRAID TO FAIL
That’s part of Life and Moving Forward – Please don’t constantly Complain to your Case Manager – Everyone else is Complaining – Keep Your Head Down and Do the Work.
If needed: Start The Administrative Remedy Process.
SOMETIMES, HIT LIFE HEADFIRST
This Is What We Have All Been Doing Since Being Indicted – Own It and Keep Moving Forward
FACE DOWN THE BULLIES
If it’s an inmate – walk away; if It’s BOP staff – Apologize
STEP UP WHEN TIMES ARE THE TOUGHEST
The only person’s emotions you can control – Are Yours.
HOPE – LIFT UP THE DOWNTRODDEN:Washington, Lincoln, King, Mandela, and even a young Pakistan Malala
Prison Is Temporary IF THEY OVERCAME OBSTACLES – So Can You
Don’t Give Up On Working Towards Your Goal, Your REENTRY Plan. Even if your Case Manager throws it in the trash, it eventually will be read as you document your journey.
It could be used in a BLOG or Website.
The Halfway House Reentry Manage, Supervised Release Probation Officer, and possibly your Judge may eventually read it.
When addressing the Judge, initiating a written exercise is advisable. The Personal Narrative presents a great opportunity to share pertinent details about yourself and the incident in question.
YOUR SENTENCING HEARING – YOUR 1st and ONLY CHANCE TO SPEAK WITH YOUR JUDGE
What Can You Do To Stand Out?
M.. Santos interviews Federal Judge Mark Bennett on the importance of writing Your Personal NARRATIVE and including it in Your Presentence Report.
Creating a compelling narrative requires multiple revisions. To ensure the best possible outcome, it’s worth asking trusted friends or family to review beforehand. While your biography should contain pertinent information, we’ll collaborate to select the most pertinent details. We must communicate with those closest to you to gain a more intimate understanding of your personality, character, and circumstances. Remember, this is Your Life – we should approach it with the utmost seriousness.
The categories below are meant to encourage deep reflection but may be challenging. It is advisable to take time to consider them carefully and seek advice from trusted individuals, including a legal representative. You must provide authentic and heartfelt responses for several reasons. Firstly, it will hold no worth if you do not believe in what you are saying. Secondly, if a Judge suspects that someone else wrote your responses, it may cause further complications for you. Lastly, Probation will review your answers and offer recommendations to the Judge, therefore, they must trust your responses are sincere.
Topic Categories:
In the United States Code, specifically in Title 18, Section 3553, there are provisions that state the various factors that judges must take into consideration when determining the proper sentence for a given offense. Among the most pertinent considerations are the Nature and Circumstances of the offense itself, as well as the offender’s Personal History and Individual Characteristics. These factors help to ensure that sentencing decisions are fair and just and that the punishment fits the crime. Here, through your NARRATIVE, this is your opportunity to provide your Story, Autobiography, or NARRATIVE of your life and what brought you to this day. Accepting responsibility, Triggering Events, and Having Remorse for the Victims you Created,
It is essential to start by conveying heartfelt condolences to the victims of the crime and acknowledging the immense agony and distress they have undergone. It is imperative to understand the seriousness of the crime and refrain from belittling its severity in any manner. This provides an opening to delve deeper into the subject.
Take some time to reflect on the events that led to this moment. What circumstances led you to commit this act? If applicable, you may draw on pertinent experiences from your childhood. Seeking the advice of an expert or legal professional may be helpful.
It is advisable to try and identify any triggers that may have contributed to your actions. Develop a plan to eliminate them from your life. It is pertinent to refine your initial drafts over time and to ensure that your personal narrative is authentic and truthful.
What have you learned from this experience? Did it bring up memories from your past? Share these insights with the judge. If you have victimized others, describe your plan to make amends, even if it is a small effort. Finally, outline your plan for preventing re-offending and ensuring that you will never appear in their courtroom again.
It is advisable to inform the Judge of your willingness to take financial responsibility and make amends. Bring some money with you (such as $100 or $1000) and tell the court that you would like to submit it if you can. You may say something like, “I understand that this may not be a significant amount, but I would like to offer $ 000.00 to the court.”
Moreover, it would be helpful to let the court know that you have a job offer (only if you do and have that Character Letter with you) for when you return home and are willing to participate in the Financial Responsibility Program. If the Judge orders a payment of $25/Qt, you may find it challenging to comply. However, doing your best to honor the plan is advisable, even if you have little to no financial support while in prison.
Not participating in the Financial Responsibility Program (FRP) while in prison may affect your ability to participate in other programs and could be held against you. Therefore, it is strongly advisable to participate in the FRP and any other programs that may be available to you.
Overall, it is essential to take financial responsibility seriously, as it can have a significant impact on your future. Additionally, it is advisable to approach the situation respectfully and properly, as this may positively impact how the court views your case.
Cases that judges find most challenging. If you fall into either of these two categories, the plan we have covered still applies, but with a caveat. 1. Predatory child sex offenders who have harmed children; if you fall into this category – You will be strictly monitored once released.
2. White-collar criminals who have harmed vulnerable people. If you fall into this category – once off supervised release, you are smart enough to know that you do not want to return.
The Presentence Interview Investigation Report
can be aided by
Your Personal Narrative and Allocution
While I previously mentioned that it could be started in written format, it could also be submitted with the Sentencing Memorandum and made available in,
Video MP4 format and placed in a flash drive or CD so that the judge could easily see it the week before (optimal timing) sentencing.
You could work this with your attorney using either PowerPoint or a smartphone.
Counsel and Clients need to hold each other accountable and be respectful and listening to each other. While counsel is reaching out to Probation, the defendant is responsible for providing copies of ‘all’ of their Biographical Background and Personal Identification information that Probation has requested from your attorney.
At the same time, it is critical to draft a well-thought-out NARRATIVE and Release Plan and include content relevant to their PATTERN SCORE and Risk Assessment Survey. After multiple revisions, these are woven together, and then with the copies of all of the documents that are accurate and comprehensive, are organized and prepared and then given to the Probation Officer ~2 weeks before the interview so that it can be eventually included in their PSR, under Seal.
This allows time at the interview for the Probation Officer to get to know the client and ask any questions they may have. This ‘discussion’, with counsel present and the fact that the defendant was prepared and the officer’s time was respected, is usually appreciated as Probation Officers’ time is a rare commodity. Being comprehensive and accurate, as outlined below, allows the court to consider sentences outside the guideline range or “variances” because you are the only resource for the – the government will Not Volunteer this information.
I. Counsel’s goal is to learn the final “dictation date,” or the date by which the P.O. must complete their first draft of the official Presentence Report (PSR).
Right away, counsel and client know their timeline to have everything completed. If the client has a company with legal issues that need to be resolved or personal issues, all of this requires time in addition to preparing for their Interview.
Therefore, requesting, at a bare minimum 3 months to prepare for the interview would be great. This would also have been done at the guilty hearing, and hopefully, the judge agreed before setting the date for sentencing.
Counsel learns who the PO will be and contacts them before they have spoken with the Prosecutor. Next, building a fundamental introductory relationship is important to understand what the officer already knows – which hopefully is not a lot!
This offers counsel the opportunity to explain your position, as the PO was not at trial and has not yet formed an opinion.
They may still have an open mind if they have not spoken with the prosecutor.
If the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.
Your attorney aims to make their case and position with a personal meeting.
Meanwhile, you have begun writing yourpersonal narrative, which will undergo multiple rewrites until it is distilled into its final version, where you accept responsibility.
This is your story, a Unique and Honest version of the events that resulted in your arrest. Once complete, your Personal Narrative is to be included in your Presentence Report.
Next, start writing your Release Plan, followed by an Allocution or your conversation with the judge at sentencing.
Then, be ready should the Judge wish to speak with you at the Sentencing Hearing and honestly answer his/her questions from the heart.
Prison Placement: Counsel will start framing reasons “why” this prison placement request is being made (e.g., supported with reasons why, for example, programs: medical, FSA programming, etc.).
Counsel will outline each factor for the PO to consider under 18 U.S. Code § 3553
Part E (departure, assistance in the investigation or prosecution of another person, section 994 of title 28,)
These factors include aspects of the offense or the offender’s background that the guidelines do not adequately consider. Some examples of E factors include:
The defendant’s role in the offense
The defendant’s criminal history
The presence of substantial assistance provided by the defendant to law enforcement
The defendant’s mental or physical condition
The defendant’s acceptance of responsibility for the offense
Any other relevant factor that justifies a departure from the guidelines and
Part F (sentence below the guideline range under 18 U.S.C. §3553(a)) of the PSR makes strong arguments to support these requests.
These factors are also considered under 18 U.S.C. § 3553(a) and include:
The nature and circumstances of the offense
The history and characteristics of the defendant
The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
The need to afford adequate deterrence to criminal conduct.
The need to protect the public from further crimes of the defendant.
The need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment.
Defendant does Not Have:
1) more than 4 criminal history points, 2) a prior 3-point offense, or 3) a prior 2-point violent offense
did not use violent threats
did not result in death or injury
was not an organizer, leader, manager, or supervisor
defendant has truthfully provided the Government with all information and evidence
If the PO is receptive to a variance, it may be key to convincing the court to consider a sentence below the guideline range.
If your client receives a prison sentence, the Presentence Report (PSR) followed by The Statement of Reasone (SOR) are the documents used by the BOP to determine your client’s future.
This information (or lack thereof) will dictate whether the client is sent to a dormitory-style Camp or the Penitentiary Maximum-Security Prison.
Meeting with the probation officer is to discuss their position on these issues.
This is particularly important in a complex case involving numerous counts, various ways to calculate the guidelines, and which guideline is appropriate.
Personal contact with the probation officer builds rapport and offers an opportunity to explain your position.
Sometimes as they are so busy with no extra time, and for a complex case, the PO would welcome the opportunity for defense counsel to explain their version of the case.
Remember, the PO wasn’t present at the trial; therefore, this personal meeting also assures the lawyer that the PO understands the case and their personal position. At the same meeting, they can get a feel as to how receptive the PO is.
When working with Probation Officers, a little extra effort goes a long way as they are very busy, doing their best, and never have enough time. They may appreciate your efforts in easing that portion of their workload.
Consider presenting your entire view of the case clearly in a letter to the PO as soon as possible.
It is helpful to have the Probation Officer and Assistant U.S. Attorney (AUSA) buy into your client’s behavior and role in the offense before requesting relief from the Guidelines, and again, everything to be completed and handed in before the interview and dictation date.
II. Learn as much as they can about the judge’s likes and dislikes.If they find this hard, ask a Federal Defender.
Counsel will want to learn whether the judge reads sentencing memos and character letters and how long those letters should be.
If applicable, issues like overcrowding and staff shortages could affect your client’s access to their Programming Needs or other required BOP Services- is the Judge sensitive to this?
III.Mental Illness: Did this contribute to the crime, or has your client suffered significant abuse or trauma? Either way, have them evaluated, and if you are unsure of a local expert, ask the prosecutor for recommendations.
If there is a current treating therapist, it is best for all if they appear as witnesses; most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
If, on their own, treatment was started before the indictment, Guilty Hearing, PSI, or Sentencing, all the better. (AA, NA, GA, Psych. Counseling); this needs to be included in the PSR, Sentencing Memorandum…
Mental Health example in this White Collar case. This client is an
Exceptionally bright, high-functioning, and very successful individual.
He/She is very skilled, highly motivated, and works 18-20-hour days for money-promotions-privileges.
The psychological evaluation:
The client is an obsessive-compulsive perfectionist.
Suffers from depression and anxiety.
The overwhelming desire to be successful, personally and financially, may cause an ordinarily law-abiding person to “cross the line” into inappropriate or illegal behavior.
Familiar?
Later diagnosed with bipolar disorder
Latest statistics by the U.S. Sentencing Commission
6 percentof inmates received downward departures for diminished capacity (U.S.S.G. §5K2.13).
If half of the inmates have symptoms of mental health problems,
yet only 2.6 percent are receiving departures, are the judges simply insensitive?
Or does the problem lie at the feet of the defense counsel, who is not taking the time to conduct a thorough investigation into the client’s social and psychological history?
Unfortunately, I believe it is the latter. Tess Lopez,
IV.Character Letters: only pick out a few to discuss in the memorandum, but add at the end that “there were another 50 that all said similar things, and the PO has those.”
If an employer is willing to write a character letter that says they are willing to rehire you due to your skills and character once you are released – that is a Great letter for The NARRATIVE and Release Plan.
V.The Sentencing Memorandum is best submitted approximately seven days before the sentencing hearing,
Corroborate the issue with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.
All of this is preferably done under seal via the Probation Office so that the information is appended to the PSR when given to the BOP.
In The Sentencing Memorandum, give the Judge 1 or 2 cases with the highlighted pertinent points; if there is a video or pictures, include those.
VI. 18 U.S.C. §3553(a)(2)(D) requires a sentencing court to consider TheNature and Circumstancesof the offense and TheHistory and Characteristicsof the Defendant. In the client’s NARRATIVE, most of this should be covered.
To determine which 18 U.S.C. §3553(a) factors apply, while someone with experience should:
1st) Conduct in-depth (multi-hour) interviews with the defendant, should an evaluation be needed (even in White-Collar); now is the time, and
2nd) plus having the time (multi-hours) to speak with family members, close friends, and business associates or trusted employees to understand the person better.
As most Officers do not have ‘any’ time, at times, this is left to counsel to do themselves. This provides the opportunity to discuss hiring someone to do this part of the background work, or it may just not get done.
Evaluation of the care needed for a client’s medical condition – may support a cost-related (home confinement) argument.
This is most apparent in cases of defendants diagnosed with a terminal illness or a diagnosis that falls outside the scope of what the BOP can provide (Long-Haulersor Post-COVID).
The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”
Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).
The Presentence Report Determines Your Future – So Preparation For Your Interview is Vital
Judges use the PSR to determine the length of a sentence.
The Bureau of Prisons (BOP) uses the same PSR for prison placement.
The PSR is again used by Probation during Supervised Release.
Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – It truly is the gift that keeps on giving.
Call Dr.Blatstein at 240.888.7778 or byemailfor a No Obligation Free Consult; I return all of my calls personally.
OVER-THE-COUNTER (OTC) MEDICATION AVAILABLE THROUGH THE COMMISSARY
Ammonium lactate lotion/cream
Requests to improve the appearance of the skin will be disapproved.
Indigent Patient AND treatment is medically necessary. Orders are limited to 30 days in duration when approved on the basis of indigent status alone. If renewed, the indigent status will be reassessed.
A failed 30-day trial of oral NSAIDs or NSAIDs is contraindicated AND
Documented improvement in functional status (required for renewals) OR
Indigent Patient AND treatment is medically necessary. Orders are limited to 30 days in duration when approved on the basis of indigent status alone. If renewed, the indigent status will be reassessed.
Diclofenac gel 3% will not be approved without sufficient justification as to why 1% cannot be used.
Artificial tears – solution and ointment (various OTC formulations)
1. Initiated by an optometrist or ophthalmologist with ongoing evaluation and
2. Failure of commissary alternatives or Indigent Patients AND treatment is medically necessary. Orders are limited to 30 days.
Benzoyl peroxide washes/soaps
Chronic cystic scarring acne and/or causing secondary bacterial infections OR
Indigent Patient – treatment is medically necessary. Orders are limited to 30 days in duration when approved on the basis of indigent status alone. If renewed, indigent status will be reassessed.
Bismuth Subsalicylate (Pepto Bismol®)
Indigent Patient: treatment is medically necessary AND has failed OTC Indigent program alternatives. Orders are limited to 30 days in duration.
Calcium carbonate (Tums®)
Indigent Patient: treatment is medically necessary AND has failed OTC Indigent program alternatives. Orders are limited to 30 days in duration.
Carbamide peroxide 6.5% ear drops (Debrox®)
Indigent Patient – treatment is medically necessary. Orders are limited to 10 days in duration when approved on the basis of indigent status alone. If renewed, indigent status will be reassessed.
Coal Tar shampoo/gel/solution
Documented failure of OTC commissary selenium or coal tar shampoo OR
Indigent Patient, treatment medically necessary AND has failed OTC Indigent Program alternatives (ex: Selenium 1% Shampoo). Orders are limited to 30 days in duration when approved on the basis of indigent status alone. If renewed, indigent status will be reassessed
For Psoriasis, lesions interfere with function.
For Psoriasis: Psoriasis affects >10% of BSA (refer patients to the commissary for mild psoriasis) OR crucial body areas (hands, feet, fact, etc.)
Selenium shampoo/lotion
Documented failure of OTC commissary selenium or coal tar shampoo OR
The patient is indigent, treatment medically necessary, AND has failed OTC Indigent Program alternatives (ex: Selenium Shampoo 1%Shampoo). Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
Pending hemorrhoid surgery or 30 days (or less) post-hemorrhoid surgery OR
For indigent Patients, treatment is medically necessary. Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
Loperamide (Immodium®)
For Indigent Patients, treatment is medically necessary. OTC has failed Indigent program alternatives. Orders are limited to 30 days in duration.
Magnesium/aluminum/simethicone-containing products (Maalox®/Mylanta®/Gaviscon®, Milk of Magnesia®, etc.)
For Indigent Patients, treatment is medically necessary. OTC has failed Indigent program alternatives. Orders are limited to 30 days in duration.
Failed a 30-day trial of two commissary moisturizers OR
Indigent Patients, and treatment are medically necessary. Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
Initiated by an optometrist or ophthalmologist with ongoing evaluation and
Failure of commissary alternatives or
Indigent Patients, and treatment are medically necessary. Orders are limited to 3 days.
Simethicone tablets/capsules (Gas-X®)
Indigent Patients, and treatment are medically necessary. Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
Sunscreens (various formulations)
Prescribed an essential medication causing documented photosensitivity OR
For indigent Patients, treatment is medically necessary. Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
Requests due to the unavailability of protective clothing will be disapproved.
Approvals will be for SPF 30 products only.
Vitamin A&D Ointment
Diabetes with Neuropathy OR
Circulatory disorder evidenced by the absence of pedal pulses and/or extremity hair loss due to poor circulation or abnormal monofilament exam demonstrating loss of sensation OR
Indigent Patients, and treatments are medically necessary. Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
Witch hazel & glycerin pads topical (Tucks® Pads)
Pending hemorrhoid surgery or 30 days (or less) post-hemorrhoid surgery OR
Indigent Patients, AND treatment are medically necessary. Orders are limited to 30 days in duration when approved based on indigent status alone. If renewed, the indigent status will be reassessed.
The administration of that dose must be recorded on a Medication Administration Record (MAR’s) by the employee.
The policy framework offers alternative sentencing for veterans, taking into account their service and potential impact on their criminal behavior. These options include pretrial supervision and probation, replacing imprisonment and criminal records. These evidence-based practices are implemented in problem-solving courts and community supervision. The Commission also encourages laws that allow veterans to apply for record expungement.
The American Legislative Exchange Council adopted the Veterans Justice Act as a model policy. State legislatures will receive an updated framework to address the issue. Recommendations were released in March, with more coming next year. The Commission includes military and criminal justice leaders and is dedicated to helping veterans transition smoothly to civilian life.
“Studies show that when asked about their status by law enforcement, many former service members are hesitant to identify as veterans.” Recommendation: Federal, state, and local criminal justice agencies and courts should improve processes for identifying veterans in the criminal justice system and adopt a uniform definition of “military veteran” for use in those processes.
“America, in turn, has a responsibility to manage all veterans in a fashion that honors their service and helps them address the multiple challenges that service can create.”
Twelve states have created post-conviction statutory schemes, separate from VTCs, that recognize veteran status as a mitigating factor in sentencing.
“The Commission finds that the lack of coordination between programs for justice-involved veterans results in the duplication of efforts, a lack of proper program evaluation, and an inability to disseminate best practices.”
Provides Unconditional Love Inside, along with skills to take with them on the outside.
The Council on Criminal Justice is a beacon of hope in a world that desperately needs solutions to our criminal justice problems. They are dedicated to advancing our understanding of the policy choices that impact our nation and building consensus on solutions that will enhance safety and justice for all. This independent and nonpartisan organization invites people to become members and contribute to its think tank, which serves as a center of gravity and an incubator of policy and leadership for the criminal justice field.
The Council is a catalyst for progress, using facts, evidence, and fundamental principles of justice to drive change. They believe a fair and effective criminal justice system is essential to democracy and a core measure of our nation’s well-being. With their tireless dedication to justice, the Council on Criminal Justice is leading the way toward a brighter future for all of us.
This policy presents alternative sentencing choices for American veterans who are accused of certain crimes and acknowledges their contribution to the nation and the possibility that their criminal conduct may stem from their military service. These choices comprise employing pretrial supervision and probation instead of a criminal record or imprisonment and are based on proven techniques for efficient supervision and restoration.
You need a Federal Criminal Defense Attorney specializing in White-Collar Defense.
Together, You Decide on Your Strategy: Trial or plea, as 98% of cases do. Here, you need an attorney who specializes in Mitigating Your Sentence.
If Prison is inevitable, start preparing for your Presentence Interview and Personal Narrative – ASAP.
Presentence Interview Preparation is Next, and it Controls Your Life.
Probation Officers conduct the Presentence Interview (PSI) and write the official Presentence Report (PSR) to the Judge and Court.
In reading how attorneys prepare for the PSI, I side with those who believe in being proactive and drafting their own memorandum that contains the information needed for the PSR and providing it to the Probation Officers before the Presentence Interview – Getting Your Message On The Record.
Why being Proactive with your Presentence Interview is best, is because this is the beginning of your Presentence Report (PSR)
Probation officers are very busy and appreciate having some of the work already completed.
It allows the legal team to get Your message into the record.
The Presentence Report (PSR), Controls Your Life :
Sentencing Table: The Judge uses it to determine the Length of the Sentence.
