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SENTENCING. THE NARRATIVE, ALLOCUTION AND YOUR JUDGE. ARE YOU READY?

By inDr. M Blatstein's Blog

I) YOUR NARRATIVE

HUMANIZE YOURSELF TO YOUR JUDGE
THE DOJ HAS ALREADY TOLD YOUR STORY THROUGH YOUR INDICTMENT
A WELL-WRITTEN NARRATIVE IS THE STORY THAT SHARES YOUR LIFE HISTORY: ACCEPTING RESPONSIBILITY AND REMORSE FOR THE VICTIMS HARMED

This video covers why your NARRATIVE is critical in your defense. Why? To date, the DOJ has published your story or autobiography in the form of your INDICTMENT, which was released everywhere across the net, and if you do nothing, your judge will read and assume the gospel truth.

If you don’t agree with 100% of your INDICTMENT, you have a choice: to tell your story through Your NARRATIVE. I hope this video helps. I’m available to answer any questions.

This should be provided to your Probation Officer 1-2 weeks before your Presentence Interview to be included in your Presentence Report. It impacts STAKEHOLDERS you will meet,

  • Your Attorney: Besides your charges, they will learn more about who you are. This may help in your defense.
  • Your Probation Officer: Following your interview and investigation, they will draft the official Presentence Report based on what they have learned from you. With no NARRATIVE, it will be skewed toward the version of the INDICTMENT. Please take the time to write your NARRATIVE and proofread it and your Presentence Report for accuracy with your attorney.
  • The Prosecutor will still likely want to convict you but may be swayed by your NARRATIVE.
  • The Courts /Your Judge usually already has a sentence in mind by the time you get to your sentencing hearing.
    • If your NARRATIVE was written and embedded within your Presentence Report, your judge likely would have read it, learning more about you than just what was in your INDICTMENT. Depending on your NARRATIVE, judges across the country agree that they want to hear from the defendants because crimes do not happen in a vacuum. Judges want to learn the why. After learning the why, do you take responsibility for your actions? And do you have remorse for the harm caused to the victims of the crime you have perpetrated?

Michael. Santos interviews Federal Judge Mark Bennett on the importance of writing Your Personal NARRATIVE and including it in Your Presentence Report.

If your attorney doesn’t want your Narrative, this is ‘Your Life’—You Decide.
Insist that they include it In Your PSR,

“I’m not saying it; this is from Federal Judge Mark Bennett.”
But if you cower to the attorney’s wishes – Regrets after sentencing can’t help you.

Title 18, Section 3553, states the various factors that judges must consider when determining the proper sentence for a given offense. Among the most pertinent considerations are the Nature and Circumstances of the offense itself and the offender’s Personal History and Individual Characteristics.

These factors help ensure that sentencing decisions are fair and just and that the punishment fits the crime. This is your opportunity to provide your Story, Autobiography, or NARRATIVE of your life and what brought you to this day. Accepting responsibility and Having Remorse for the Victims you Created.

DOWARD DEPARTURE Factors/Variances (Woven into the Narrative or Memorandum)

Collateral Consequences of Criminal Conviction and Restoration of Rights: News, Commentary, and Tools

E Factors:

E Factors refer to circumstances that may warrant a departure from the sentencing guidelines established by the United States Sentencing Commission. 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:

    1. The defendant’s role in the offense
    2. The defendant’s criminal history
    3. The presence of substantial assistance provided by the defendant to law enforcement
    4. The defendant’s mental or physical condition
      • Mental Illness:
        Did this contribute to the crime? Was there a history of significant abuse or trauma growing up? Either way, have you been in therapy? Has your attorney requested that you be evaluated? If a current treating therapist exists, 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.
      • Was substance abuse involved in your charge(s)? Did you start treatment before your indictment, the guilty hearing, Presentence Interview (PSI), or Sentencing?
        • All the better, AA, NA, GA, or Psychological Counseling should be included in your PSR and Sentencing Memorandum. Letters verifying either completion or ongoing treatment add credibility.
    5. The defendant’s acceptance of responsibility for the offense
    6. Any other relevant factor that justifies a departure from the guidelines

F Factors (Below Guideline Range Factors):

F Factors refer to circumstances that may justify imposing a sentence below the guideline range, even if a departure is not warranted. These factors are also considered under 18 U.S.C. § 3553(a) and include:

    1. The Nature and Circumstances of the Offense
    2. The History and Characteristics of the Defendant
    3. The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
    4. There is a need to afford adequate deterrence to criminal conduct.
    5. The public needs to be protected from further crimes the defendant commits.
    6. The defendant must receive educational or vocational training, medical care, or other correctional treatment.

II) Your NARRATIVE: Influences STAKEHOLDERS You Haven’t Met Yet.

1. BOP Office of Designation, Grand Prairie, TX: As part of your Presentence Report, it will impact where they place you, yet you have never met them.

2. BOP Staff; Warden, Unit Team, Case Manager:

      • For case managers and unit teams, these are employees, and they see hundreds of inmates/people (if not thousands), so how can you differentiate yourself – demonstrate that you are staying out of trouble, doing your assigned job, attending FSA Classes, and doing other constructive work. Reading Non-Fiction, teaching a course, and documenting everything you do (these are ideas I learned from others). Are you an artist? That is important as long as you have constructive interest that can lead to a career after release.
      • There are few ways in prison to demonstrate an individual’s Personal Growth and Development that prepare them to reenter society as law-abiding citizens. However, using your time constructively is important, as BOP Staff will observe you daily.
        • Eventually, you will be released. Will you need to work? What are your interests? Is this too early or premature in your sentence to consider this question? Honestly -> No.
        • Are you a High School Grad?
          • No, then consider getting your GED.
          • Yes, Then get a College Degree with The Second Chance Pell Grant.
          • If you have already graduated from college or graduate school or built a successful business, consider teaching a course and giving credit to your case manager.
      • In the meantime, use your time constructively. Read to learn, which is Non-Fiction on any topic from painting to computers, History to Philosophy. And if you’re serious, which I hope you are, write down the parts that interest you for later use.

III) Your ALLOCUTION.

Developes from your Narrative. During the judge’s conversation with you, in addition to covering the points below, he/she may want to know your plan is not to return to their courtroom.  This is a short, to-the-point video.

During Your Allocution, Judges Look For,

    1. A sincere demeanor
    2. Discuss what “taking full responsibility” means to the defendant.
    3. An acknowledgment that there are victims (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);
    4. A more impressive Allocution details how the defendant’s criminal conduct affected the victims.
    5. An expression of genuine remorse.
    6. A plan to use prison or probation time productively.
    7. Discussing why the defendant wants to change his or her criminal behavior, perhaps most importantly, information that helps humanize the defendant and the defendant’s role in the crime.
    8. Tell their story, but don’t minimize the seriousness of what your client did.
    9. Judges sometimes ask defendants what they will do to reduce their need to re-offend upon release.
    10. Show his/her strengths and weaknesses.
    11. If you can show that you and the court agree on the seriousness of the offense, the chances of the court accepting your other statements will increase.

 

To Get Started With Your NARRATIVE

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

3/28/2024, Sam Bankman-Fried Sentenced to 25 Years. When You Don’t Accept Responsibility, and Have No Remorse for Victims You’ve Harmed.

Judge Kaplan went on to say that,

    1. Bankman-Fried repeatedly committed perjury and witness tamperring.
    2. “This man could do something very bad in the future, and it’s not a trivial risk at all.”

The two things that SBF should have done,

    1. Accept Responsibility – Don’t Blame ‘Others.’
    2. Express Remorse – Judge Kaplan said he expressed “never a word of remorse for the commission of terrible crimes.”

The current CEO of FTX, John Ray, noted that “Mr. Bankman-Fried continues to live a life of delusion.” 

My Comments,

    1. Was there ever a moment when his legal team encouraged him to accept responsibility and express remorse for the victims harmed?
    2. Video or written, with or without mental health professionals working to bring out the story of his life, at the same time, answering the How and What happened as this event exploded out of control.
    3. While their sentencing memorandum was well-written, most of it should have been written by SBF if, for no other reason than judges know that attorneys are paid to say nice things about the defendant. This may have been reflected in a better sentence – No Guarantees. 
    4. SBF’s 25-year sentence will age him two years for every year incarcerated.

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one. -Marc Blatstein

 

YOUR NARRATIVE📜 May Help Your Judge🤞Mitigate Their Sentencing Decision

By inDr. M Blatstein's Blog

YOUR NARRATIVE YOUR STORY,

Provided 1-2 Weeks Before The PSI; Helps The Judge Know ‘You’, MayMitigate Their Sentencing Decision

SENTENCING LAW AND POLICY.

This study provides more Validation for the personal narrative (written by your client, reviewed and guided by those with Mitigation Experience), which is then provided to their Probation Officer 1-2 weeks before their Presentence Interview. The narrative included in The Presentence Report is now Under Seal and will be read by all of your future stakeholders.

Now your client’s NARRATIVE (with their RELEASE Plan and Letters Attesting to their CHARACTER) becomes part of their Presentence Report-Under Seal. Aside from their INDICTMENT, the Judge can learn ‘who’ the defendant is.

In this Study 1 (N=132), evidence about the mitigating circumstances reduced punishment only when it was presented before evidence about the perpetrator’s violation, in other words before the Judge, 1st) reads the Presentence Report that just has the DOJ INDICTMENT, without your NARRATIVE, and 2nd) evaluates the Probation Officers sentencing and placement recommendations, solely based of the DOJs INDICTMENT-NARRATIVE of your client.

 

The Timing of Mitigating Evidence Affects Punishment Decisions

The INDICTMENT.

Your client’s story, seen through the eyes of The DOJ Indictment, makes them look like America’s Most Wanted. If left unchallenged, this will be the story or NARRATIVE of your client that future STAKEHOLDERS will read and believe, starting with the Judge.

Waiting until the sentencing hearing is not acceptable because 1st) all your Judge will know about you is through your INDICTMENT, and 2nd) they usually have a tentative sentence in mind during the week before the hearing – based on that same INDICTMENT. See this short video about sharing your story.

Judges have agreed that they need your client’s help in understanding ‘the why’, of what happened. They know that crimes do not occur in a vacuum and are interested in what caused the person in front of them to break the law.

 

‘Stand Out To Your Judge.’ M. Santos interviews Federal Judge M. Bennett on the importance of  Your Personal NARRATIVE, including it in Your Presentence Report. 

 

Presenting all of the court-requested Biographical Background, Personal Identification along with your client’s Story or NARRATIVE, and RELEASE Plan 1-2 weeks before their Presentence Interview allows the Probation Officer to learn about your client before they ever meet.

A little effort goes a long way, as these officers each have huge caseloads and no time. So it should come as no surprise that some may actually appreciate the fact that your client came to this meeting prepared and provided all of the information needed before the interview date. This gives the officer time, allowing them to fill out their Probation Report before they ever meet your client, not being rushed.

Then, at the interview, the officer can take the time needed to get to know your client personally, leaving the interview where your client appears to be the opposite of the person characterized in the INDICTMENT. As these are usually in written format, judges may find viewing a Video a better way to get to know your client’s whole story. These videos can be under 10 minutes and can be taken with a Smartphone if budgets are tight.

Writing your NARRATIVE is an Arduous and Self-Reflective Experience

Make sure your client has Truthtellers✨to support them.

  • We All Make Mistakes
  • Don’t forget: this is your chance.
  • Those around you should bring out something Positive in you.
  • This is your client’s autobiography (of their life), the good – the bad, and the ugly.
  • Enablers may make you feel good for that moment – but will not 👎🏻 be helpful in the long run. The NARRATIVE is your client’s explanation without excuses, where they have accepted responsibility⚖️ and have remorse for the pain they have caused while not minimizing what has happened.

When writing The NARRATIVE, consider associating your client with those most appropriate and knowledgeable regarding what they will be facing before, during, and after prison. This skill goes beyond the traditional defense and is best provided,

  • At the appropriate time (just before or after the guilty verdict in preparation for their PSI),
  • Those with the appropriate experience of what their client’s future STAKEHOLDERS will need to see and hear before their interview – during and after incarceration, and as they prepare to ‘successfully’ reenter society.
  1. The Probation Officer (PSI) and Judge are now their first two STAKEHOLDERS.

CATEGORIES INCLUDED IN THE NARRATIVE. 

  1. Nature and CIRCUMSTANCE

      • Why did you do this?
      • How did you get involved?
      • What was your involvement?
      • You should check that your involvement reflects what is in the final Presentence Report.

2. History and CHARACTERISTICS

      • Your client’s remorse,
      • Your Client’s Accepted Responsibility
      • How your client ruined their victim’s lives,
      • Traumatic Life event(s) – review with details,
      • Show the court what your client’s plan is never to come back,
      • Where there was a positive or negative family life – explain this,
      • What has this experience taught them? Did it bring up moments from our client’s past?
      • Was there a “trigger,” what was that trigger, and how do you remove it from your client’s life?
      • Include the good things that your client’s done, explain with examples and letters (at least ten good ones) that Attest to their Character,
      • Show what your client is doing today to change and improve themselves regarding rehabilitation (NA, AA, GA, Therapy, etc.), Community Volunteering, and paying restitution—if they can. This all becomes part of your PSR, now Under Seal.
      • Should a Professional License Be lost, include how this will result in the loss of a profession loved, a career, and income. Still looking into other options, incarceration is temporary, and life will go on with strategic and well-thought-out planning.

Consider this short YouTube before writing your NARRATIVE. Simply speaking, this is Your Story or Autobiography. Nike’s Brand is ‘Just Do It,’ Tesla’s is Space-X, and your NARRATIVE has to be your story and the experiences that brought you to this point in your life – helping your Judge understand who you are.

3.    FAMILIAL HISTORY:  Married – Children – parents’ responsibilities and sole caregiver

4.     DEFENDANT’S PHYSICAL CONDITION: Medically documented, bad Back-Hip-Knees-Shoulder along with Tinnitus could provide your client with a Bottom Bunk. Diabetic, Vascular Disease, Raynaylds could allow the Medicare soft shoe or sneakers.

5.     MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, Diagnostic: X-rays, CT, MRI, Ultrasound, PET scans (in Written, Flashdrive or CD format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will All physician contact information. These specific medical needs can be met if included as part of your Medical History;

  • Bottom Bunk: Past medical history of Tinnitus, vertigo, or back problems.
  • Diabetic Soft Shoes, Sneakers Instead of Rigid Institutional Boots: Past medical history of a torn Achilles heel, knee, or hip issues.
  • Being of a certain age / Having weight or having a Hernia issue: could result in getting passes of “no standing for prolonged periods” and “no lifting over 15 pounds,” helping you escape some of the crappier work assignments.
  • “Medical idles,” which get you out of everything, are also available, either short or long-term, for various ongoing ailments (ranging from a bad hip to PTSD).

6.     SUBSTANCE ABUSE:Alcohol, Drugs (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.

  • If you started these programs on your own, before your Presentence Interview or before you were Indicted, MENTION THESE IN THE NARRATIVE, WITH COPIES OF YOUR TREATMENT RECORDS FROM YOUR PROVIDERS (AA, NA, Gambling, or a Sex Therapy Program).

7.     EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level; otherwise, a GED will be required in prison. If you have experience with computers, administrators frown on these skills, so you may not want to include these certifications.

8.     MILITARY: Copies, branch, discharge?

9.     EMPLOYMENT: The P.O. will check. Judges love a good work record or history.

10.     STATEMENT FINANCIAL RECORDS: If there are financial fines/ restitution, Congress and The BOP now strongly encourage participation in their Financial Responsibility Plan in order to benefit from all Earned Time Credits and access to Programming. This is in addition to all other required financial records. Don’t try to hide parts or all of this, as the P.O. may find out, angering the Judge.

WHY YOUR NARRATIVE (AND RELEASE PLAN) IS A CRITICAL COMPONENT OF YOUR  PRESENTENCE REPORT

Taking weeks to months to complete can result in a distilled version of yourself that is honest and pure, where you feel Remorse, Accept Responsibility, and Identify with the Victims of the Crime You Perpetrated.

  • If the resulting Narrative or Your Story – is quite the opposite of the DOJ’s Indictment Narrative, where your client sounded like ‘America’s Most Wanted, ‘then your client did a Great Job!

ADDITIONAL COPIES OF ALL PERSONAL IDENTIFICATION AND BIOGRAPHICAL INFORMATION

1.   Divorce Decree

2.   Financial Records

3.   School Diplomas, Your highest education level completed, Professional Diplomas, and any Trade or Occupational Certification(s).

4.   Marriage Certificate

5.   Naturalization papers

6.   Draft Registration card

7.   Car Registration papers

8.   Military Discharge certificate

9.   Birth or baptismal certificate

9.   Immigration papers or passport

10. Employment verification (pay stubs)

11. Character Letters of Recommendation

12. Military Disability information (C-number)

13. Income Tax reports for the last three years (or more if requested)

14. Outstanding Detainers and Immigration Issues Resolved before The Presentence Interview

15. Proof of residence (rent receipts, property, mortgage papers, etc.)

16. Professional papers (COPIES: Social Security Card, Drivers’ License, and Birth Certificate.)

17. Medical Records, Hospital – Surgical – Pathology and Blood Lab Reports, Copies of X-ray, MRI, CT, Ultrasound, PET Scans, EEG, EKG reports (on Flash Drives or CDs), Prescriptions for Medications and Medical Devices.

This is from my article on LinkedIn.

Your Personal Narrative | PSI Investigation Report

By inDr. M Blatstein's Blog

Your Personal Narrative

and

The Presentence Interview Investigation Report

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.

YOUR PRESENTENCE INTERVIEW (PSI) – INVESTIGATION REPORT

 

LIFE LESSONS, Admiral McRaven

PREPARATION FOR THE PRESENTENCE INTERVIEW.

§9:30.7 Inside Baseball: Interview With Former Federal Probation Officer Tess Lopez, by Alan Ellis.

 

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 your personal 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:
        1. The defendant’s role in the offense
        2. The defendant’s criminal history
        3. The presence of substantial assistance provided by the defendant to law enforcement
        4. The defendant’s mental or physical condition
        5. The defendant’s acceptance of responsibility for the offense
        6. 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:
        1. The nature and circumstances of the offense
        2. The history and characteristics of the defendant
        3. The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
        4. The need to afford adequate deterrence to criminal conduct.
        5. The need to protect the public from further crimes of the defendant.
        6. 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 percent of 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?

 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 The Nature and Circumstances of the offense and The History and Characteristics of 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 by email for a No Obligation Free Consult; I return all of my calls personally.

The Presentence Report (PSR); Thoughts On Preparation – Narrative – COVID

By inDr. M Blatstein's Blog

The Presentence Report (PSR)

I) Preparation 

  • This includes an inclusive biographical history:
  • Past and Current Medical and Mental Healthcare needs
  • Medications
  • Substance abuse
  • Medical Devices needed
  • ADL (Activities of Daily Living), PADL (Prison Activities of Daily Living)

II) Your Narrative

  • Express remorse, while still understanding the victim’s pain, suffering, and how it has impacted them.
  • Agree with the court as to the seriousness of the crime, without minimizing it. Expand on this topic
  • What in your life brought you to this moment, what happened that caused you to do this?
  • What has this experience taught you? Did it bring up moments from your past?
  • Explain to the Judge that you have a plan (only if you do),
    • to start making this right with those you have victimized –
    • or if you have already started, what are they,
    • no matter how small those efforts have been?
  • If it’s been a year or so since your verdict, what have you been doing?
    • (1)Working, (2)volunteering, or watching: (3)TV (only options 1 and 2 are correct).
  • What is your plan to never re-offend? If there was a “trigger,” what was that trigger, and how do you remove it from your life?

III) COVID, unfortunately, will be with us for a long time, like the seasonal Flu.

  • Unfortunately, it is much more lethal.long covid
  • 2022/2023, We’ve gone from pandemic to endemic
  • Practically all that means is that as a society:
    • Some believe in prevention and others do not
    • The result is that while influenza has a ~ 52K deaths / per year
    • COVID and its variants may be 10 x as much
  • More importantly, new strains are more than likely to present themselves, and masks along with new technology in indoor air filtering are in our future.
  • Long-COVID, Long-Haulers, or Post-COVID; these symptoms may be mitigating factors to present before the presentence interview as no jail, or prison (state or federal) is equipped to provide the necessary care.
    • Beyond that, this would not be a qualifier for either 100% CARE LEVEL III or ADL as the symptoms could keep one between sleep, the bathroom, meals, and at best a short walk.

Your Personal Narrative – Your Last Chance To Control Your Future

By inDr. M Blatstein's Blog

Your Personal Narrative  Express remorse and understanding for 1) the victim’s pain, and suffering, 2) and the pain it caused your family.

Your Personal Narrative: Agree with the court as to the: 1) seriousness of the crime, without 2) minimizing the seriousness of the crime.

  • What brought you to this moment, that involved crime?
  • What has this experience taught you? Did it bring up past experiences?
  • What is your plan to never re-offend?
  • If there was a “trigger,” what was that trigger, and how do you remove it from your life?
Judge, I feel financially responsible and want to make amends
  • I know this is not much, but here is $$
  • I have a Release Plan – A Job when I get home, and then I will be able to start the Financial Responsibility Program
  • As I will have little to no income – by not participating in the Financial Responsibility Program, The BOP may keep me from participating in programs – and be held against me.

DrMB@PPRSUS.com

Sam Bankman (FTX) – Could face lifetime: Personal Narrative Only Option?

By inDr. M Blatstein's Blog
Sam Bankman was charged with multiple counts of conspiracy: wire- commodities- securities fraud, and campaign finance violations.
 In December, Bankman-Fried was arrested in the Bahamas and charged with wire fraud, securities fraud, and money laundering, among other things;
·        defrauding FTX investors.
·       extradited to the US and released on a $250 million bond  with an ankle bracelet, and
·       submit to mental health counseling
 
Sam Bankman’s bail dwarfs other federal white-collar bonds.
·       Bernie Madoff posted a $10 million bond while awaiting trial on his multibillion-dollar Ponzi scheme.
·       Jeff Skilling, former Enron CEO, posted a $5 million bond, while
·       Elizabeth Holmes, Theranos founder, posted a scant $500,000.
A trial date is expected in the Southern District of New York.
·       Caroline Ellison and Gary Wang, two former top executives at Bankman-Fried’s companies,
·       have pleaded guilty to several fraud charges and FTX co-founder Gary Wang and former Alameda Research co-CEO Caroline Ellison are cooperating with federal prosecutors in the investigation.

 He will face his next hearing, presided over by Judge Ronnie Abrams, in New York City on Jan. 3., where he’ll enter his plea and be arraigned.

Typical questions – do not apply:
1: shortest time, and
2: How to get out of prison altogether.
Sam Bankman can’t leave all of the sentencing mitigation decisions up to his lawyer – These decisions are made jointly – as jail time could be a lifetime.
But they do not have to be.
Interviews with Federal Judges tell us;
·        Judge Bough discounts some of what lawyers say because they’re paid to do so.
·        Judge Pearson– approaching sentencing should be with the seriousness of a job.  What happened in your life that led to this courtroom.”
·        Judge Boulware said, “The order of decision-making should be: 
1: Defendant,
2: Lawyer,
3: Friends and family.
…too many defendants get this order wrong.”
Sam’s options:
Spend  time with introspection, because
·        It is/was his company,
·        He’s responsible for all decisions made
·        He is responsible for his own actions: between all of his interviews, defending and deflecting his actions in the public domain is now, ‘on the record’.
He has a real legal challenge, comparing;
His bond: 250 M 
  • Bernie Madoff = $10 million, with ~ 100Yrs
  • Jeff Skilling, former Enron CEO, = $5 million
  • Elizabeth Holmes, = $500,000, ~ 11.5 years
If he insists on Trial, the odds are against him, especially as his ‘2 lieutenants’ have already pleaded Guilty and are cooperating.
That only leaves a Plea Bargain –
  • Leave most of the Law work, to his attorneys
Consider sentence Mitigation Experts, starting after the guilty hearing
OTHERWISE, STARTING AT 30 YEARS OLD – IS A LONG TIME TO FACE IN PRISON
…and there are no guarantees either way.

TO GET YOUR BEST OUTCOME, CONSIDER YOUR STAKEHOLDERS; WHAT DO THEY WANT?

By inDr. M Blatstein's Blog

TO GET YOUR BEST OUTCOME, CONSIDER YOUR STAKEHOLDERS; WHAT DO THEY WANT?

PPRSUS DR BLATSTEIN PSR PREP.
INDICTED AND FACING PRISON

I’m Dr. Marc Blatstein. I spent time in Federal Prison, and now I’m here to help you on your journey. After the video, for more, check out PPSRUS.com.

With work, I was able to get my license reinstated.

·      Prison is Temporary.

Knowledge and Preparation will help build the confidence you need to navigate this process.

·       If the DOJ has been asking questions, they already have you, with close to a 98% Conviction Rate.

·      Hiring a legal team doesn’t just mean they have experience; they also need a proven track record of successfully defending cases like yours.

·      The choices you make today – will help you tomorrow.

Before Sentencing:

1.     Your attorney, who is paid to keep you out of prison.

2.     The Probation Officer who Interviews you and recommends a possible sentence and placement to your Judge. SO YES, NOW IS YOUR OPPORTUNITY TO MAKE A NEW ADVOCATE and get all of the information organized and spellchecked, including your Narrative and Release Plan, to them 1-2 weeks Before your interview,

3.     The DOJ wants a conviction,

4.     The Prosecutor wants you to spend a lot of time in jail because you are a bad person (Remember how your INDICTMENT sounded).

The judge knows all of this, except the only person he/she knows nothing about is you.

1.     They know that crimes don’t happen in a vacuum, so how can you humanize yourself to the court to counter the DOJ indictment/Narrative of you?

Inside:

·       Communicate respectfully with your case manager.

·       Case Managers deal with many different people daily, weekly, monthly, and yearly. They constantly hear the same complaints.

·       Do not get a reputation for being a “complainer.”

·       They are human and see hundreds of new faces each year. Try to be respectful even when things aren’t going your way, which will happen often:

·       This IS Prison.

·       Keep your efforts on getting home. Prison is temporary for you; Prison Staff are here daily as this is their life.

To engage my services or to have your concerns answered, Call me Today: 240.888.7778. This is my Cell and I personally answer and return all calls.

You can also get additional information on my website PPRSUS.com.

ETC AND GOOD INTENTIONS DON’T HELP AIC PLAN FOR HH or HC IN A DYSFUNCTIONAL SYSTEM

By inDr. M Blatstein's Blog

ETC AND GOOD INTENTIONS DON’T HELP AIC PLAN FOR HH or HC IN A DYSFUNCTIONAL SYSTEM

2013, This memo was written 5 years before the First Step Act.

2024, There still is no calculator to assist case managers in moving men and women out of institutions sooner.

June 24, 2010, memorandum “Revised Guidance for Residential Reentry Center Placements” and an April 14, 2008, memorandum “Pre-Release Residential Reentry Center Placements following the Second Chance Act of 2007.”

  • Stated: for low-need/low-risk inmates, home confinement is the preferred pre-release option. This option is currently under-utilized. Program Statement 7320.01, Home Confinement. [again, more than 5 years before the FSA]

Two home confinement options they endorsed.
1) Placement under the supervision of an RRC or 2) placement in the Federal Location Monitoring (FLM) program operated by U. S. Probation, where available.

  • RRM staff are encouraged to maximize resources, including recommending direct placement on home confinement for appropriate inmates.
  • If RRM staff have concerns regarding a referral and/or the recommended placement, they will communicate these concerns to the referring institution, typically the Case Management Coordinator (CMC).

    **This is a perfect example of why the personal narrative and an ever-growing release plan with a history of spending one’s time in constructive activities could smooth out the process and get you that case manager’s HH or HC recommendation for the RRM.

The Caveat is that when dealing with the BOP or the courts, unfortunately, there are No Promises or Guarantees.

BOP’s new video was released to clarify the rules under which First Step Act credits are earned and applied.

The Disconnect.
Case managers who are on the front line of implementing this law are encountering problems because of their understanding and interpretation of the law and halfway house capacity issues.

Jeremy Cooper, NCRO Correctional Programs Administrator.
You can “stack” the 2nd Chance ACT HC and then add your FTCs toward it, BUT THAT’s NOT HAPPENING. Why?
Case Managers don’t have a Current PRD or a calculator to see anyone’s real-time transition date to halfway house,” Cooper said.
With no calculator, there can be no stacking, and this calculator has been
promised for months.

Dr. Gabel, FTC-related issues using the Administrative Remedy Process as 3 issues.

1) Case managers are unaware of these rules; ‘the process is broken.’ Many staff do not understand the nuances of the law
2) The process (§2241) can take months to over a year to even reach the district court, sometimes too late
3) Case Managers are left to (be the middle child), telling AIC that “Central Office advised they have no update or info regarding when the second
application, as the projected date of leaving the institution is still unavailable.

240.888.7778
PPRSUS.com
Dr. Blatstein (Marc)
PSR Service

From The Initial Guidelines; 352 to 425 months – To Time Served

By inDr. M Blatstein's Blog

The Initial Guidelines ranged from 352 to 425 months, and they were ultimately sentenced to 292 months. Prison can be temporary—that’s up to you.

The Court Found,
“Non-retroactive changes in sentencing law may constitute extraordinary and compelling reasons warranting compassionate release when other factors, such as the defendant’s rehabilitation, are also present.” Accordingly, the district court found that the non-retroactive changes in the law may favor
compassionate release.

The district court weighed the 18 U.S.C. § 3553(a) factors and found that granting Jean’s motion was consistent with these factors. Accordingly, the district court granted Jean’s §3582(c)(1)(A)(i) motion, and Jean was subsequently resentenced to time-served,

My Comment.
If you put in the effort, there can be life after prison. Comprehensive Presentation Interview Preparation, from the heart.

1. His Presentence Investigation Report explained that he “is truly sorry for putting himself, the court, and his family through this, and this will never happen again. He said he has been thinking about how he got into this situation, his thinking patterns, and what he can do differently in the future, including choices regarding his associates.”

Education and Bettering yourself in prison.

2. BOP Case Manager wrote:
·     “I have over 20 years of experience within the BOP, and very rarely have I come across an inmate who has truly worked on himself from the day of his admittance in the custody of the BOP. It’s rare to see someone genuinely bettering themselves for a successful return to society.”

·     …” A valuable, trustworthy, and indispensable asset – a true testament of an individual who has not only educated himself but also many of his peers as he prepares for re-entry back into society.”

The court ruled that there is no clear basis in the statute to categorically prevent district courts from considering non-retroactive changes in the law as a factor in compassionate release decisions. Appellate precedent and 1B1.13 do not prohibit the inclusion of such factors in the compassionate release calculation. 

Questions?
240.888.7778
Dr. Blatstein (Marc)
Physician Presentence Report Service (PPRSUS.com)
• Sentence Mitigation
• Humanizing Yourself To The Court
• The Narrative, Release Plan, Allocution
• Education and the Daily Life in Prison, The Do’s and Don’ts

 

 

MEDICATIONS NEEDED VS THE BOP FORMULARY; REQUIRES A COMPREHENSIVE PSR

By inDr. M Blatstein's Blog Tag , , , , , , , , , , , , , , , , ,

MEDICATIONS NEEDED VS THE BOP FORMULARY; REQUIRES A COMPREHENSIVE PSR
Preparing for the Presentence Interview should begin ASAP, and this comes from Federal Judge Robert N. Scola:
Judge Scola suggested that lawyers took a page out of the book from our death penalty colleagues and advised, “Don’t wait to think about sentencing advocacy,” since 99 percent of federal criminal clients will be facing sentencing, start preparing the case for sentencing early on.

I. The BOP Formulary (all generic) is provided either:
On-Formulary: as long as it is included in your Presentence Report (PSR), it should be provided immediately.

II. Non-Formulary: If the medications are on this list, they will Not Be Available. But if the treating provider goes through every medication that is On-Formulary, with their treating records documenting why, drug-by-drug, each medication that has been tried was unsuccessful, or for another reason of equal importance.

III. Therapeutic Equivalent Substitution: a drug that is therapeutically equivalent to, but chemically different from, the drug originally prescribed by a physician.

IV. Not Available. The Caveat is that many Judges believe that BOP covers all aspects of the required 2023- 2024 bop leadership- attorneys – director of medical care. Unfortunately, following COVID-19, cracks were evident in this theory. How?
1) It’s great to have excellent Policies and Procedures, but they only work if followed.
2) Staffing shortages cause medical care delays and sometimes fail to provide that needed care.
3) Medical Second Opinions can take up to 36 months if allowed, but Clinical Directors are not obligated Judge says conditions too ‘dreadful’ 3-21-24 (5-2022_ winter_formulary_part_1, Page 4: #5) to follow their specialist’s recommendations.
4) The BOP will ignore a judge if they order treatment or medication. If there are issues, (5-2022_ winter_formulary_part_1, Page 4: #9) suggests contacting the appropriate BOP Regional Directors, up to the Director. The BOP Regional Attorneys.

The disconnect to me is that the BOP Hierarchy is best contacted before a medical emergency.
240.888.7778
Dr. Blatstein (Marc)
Physician Presentence Report Service (PPRSUS.com)
• Sentence Mitigation
• Humanizing Yourself To The Court
• The Narrative, Release Plan, Allocution
• Expectations of Daily Life in Prison, The Do’s and Don’ts