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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.

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.

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

By inDr. M Blatstein's Blog

YOUR NARRATIVE,

HUMANIZE YOURSELF TO YOUR JUDGE
THE DOJ HAS ALREADY TOLD YOUR STORY THROUGH YOUR INDICTMENT
A WELL-WRITTEN NARRATIVE 👉 COUNTERS THE DOJ’s INDICTMENT AGAINST YOU

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, and I am available to answer any questions.

I) Your NARRATIVE 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: In addition to 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?

YOUR SENTENCING HEARING: Your First and Only Opportunity  To Speak Directly With Your Judge

 What Can You Do To Stand Out?

 

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 does not want to include 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 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.

Departure Factors (Woven into the Narrative)

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 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.
      • 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. There is a need to protect the public from further crimes committed by the defendant.
    6. The defendant needs to be provided with educational or vocational training, medical care, or other correctional treatment.

Your ALLOCUTION. During the judge’s conversation with you, in addition to covering the points below, he/she may want to know, in the end,  your REENTRY PLAN or what you plan to do when you get out to not re-offend.  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 will sometimes ask a defendant what he/she will do upon release to reduce their need to re-offend.
    10. Show his/her strengths and weaknesses.
    11. If you can show that you are on the same page with the court regarding the seriousness of the offense, the chances of accepting your other statements will increase.

II) Your NARRATIVE: these are some of the STAKEHOLDERS you have not yet met.

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) 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.

 

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’, May🤞Mitigate Their Sentencing Decision

Dr. M. Blatstein

Dr. M. Blatstein

FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
35 articles

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), and then provided to their Probation Officer 1-2 weeks before their Presentence Interview. The 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 – which is based on that same INDICTMENT. See this short Video on 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 Mark Bennett on the importance of writing 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, coming away from the interview where your client appears 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: Here, you want to describe,
  • 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, Here you want to include,

  • 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 10 good ones) that Attest to their Character,
  • Show what your client’s doing today to change and improve themself 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.

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.

DOES BEING INDICTED MEAN JAIL? | HOW TO DO LESS TIME? | VETERAN PROGRAMS.

By

Through my story, this video explains why finding the right attorney for you is important. Although this is your life-altering event, Preparation and Knowledge of what you are about to do could still result in a positive outcome. Knowing that the DOJ has a 98% conviction rate, what is a positive outcome for you? Learn from my experiences through my video.

Serving Less Time Starts With Preparation

 

RECEIVING A FEDERAL INDICTMENT CAN BE TERRIFYING
TRIAL OR PLEA?
THE DOJ HAS A 98% CONVICTION RATE.

 

THE SOONER YOU ACT – THE FEWER PROBLEMS YOU’LL HAVE, WHY?

  • IN ADDITION TO A 98% CONVICTION RATE, THEY HAVE VERY DEEP FINANCIAL POCKETS TO PROSECUTE, AND “YOUR CASE” BY THIS POINT IS COMPLETED.
  • LEGAL REPRESENTATION IS YOUR FIRST DECISION; HOW WILL YOU PICK AN ATTORNEY, AND WHAT QUESTIONS SHOULD YOU ASK FIRST?

PREPARATION – SO MANY QUESTIONS, WHO CAN YOU ASK FOR ADVICE

  • THERE’S FEAR, PANIC, DENIAL, AND DISBELIEF
  • FINALLY, YOU DECIDE ON A LAWYER, WAS THIS THE RIGHT DECISION?
  • NOW, HOW TO SET YOURSELF UP FOR THE BEST POSSIBLE OUTCOME? WHAT DO YOU DO FIRST?

PREPARATION – WITH EVEN A GREAT ATTORNEY THEY CAN ONLY DO SO MUCH

    1. COUNSEL DEPENDS ON YOU TO BE 100% TRUTHFUL; THAT SOUNDS EASY – BUT NOT SO MUCH
    2. PREPARING FOR YOUR PRESENTENCE INTERVIEW SHOULD BE THE MOST IMPORTANT THING IN YOUR LIFE, NO MATTER THE LENGTH OF YOUR EXPECTED SENTENCE
    3. PROPERLY PREPARED,  ARE YOU CONFIDENT IN UNDERSTANDING WHAT MAKES UP YOUR PRESENTENCE REPORT (PSR) 
      • ALL THE INFORMATION YOU GATHER WILL INFLUENCE YOUR LIFE AND IS RECOMMENDED TO BE PRESENTED TO YOUR PROBATION OFFICER 1-2 WEEKS BEFORE YOUR INTERVIEW.
        • AFTER YOUR INTERVIEW AND INVESTIGATION, THE PROBATION OFFICER WILL WRITE THE PRESENTENCE REPORT – BASED ON THE INFORMATION THAT YOU PROVIDED
      • YOUR JUDGE IS GOING TO SENTENCE YOU BASED ON THE SAME INFORMATION YOU PROVIDED THAT MAKES UP YOUR PRESENTENCE REPORT. IF COMPREHENSIVE, IT INCLUDES,
        • COPIES OF ALL BIOGRAPHICAL BACKGROUNDS (What is all this?)
        • COPIES OF ALL PERSONAL IDENTIFICATION 
        • PERSONAL NARRATIVE, 
        • RELEASE PLAN
        • ALLOCUTION
        • “CHARACTER” REFERENCE LETTERS
      • YOU SHOULD ALSO HAVE AN UNDERSTANDING OF YOUR,
        • PATTERN SCORE,
        • SPARC-13 
        • GOOD TIME CREDITS,
        • REQUIREMENTS OF THE FIRST STEP ACT
          • EARNED TIME CREDITS, ETC 
          • FINANCIAL RESPONSIBILITY PROGRAM (FRP)
          • CRIMINOGENIC RISK FACTORS
        • ARE YOU RDAP ELIGIBILE
        • SECOND CHANCE ACT, BECOME FAMILIAR WITH ITS BENEFITS
        • COMPASSIONATE RELEASE, WITH THE FSA PROVIDES OPTIONS
          • INITIALLY, IT DEPENDED ON YOUR AGE OR MEDICAL CONDITION
          • THE SECOND LOOK ALLOWS THE COURT TO LOOK AT THE FACTS NOW
            • NOT JUST – WHAT HAPPENED AT YOUR SENTENCING
              1. BAD LAWYERING.
              2. THE LAWS HAVE CHANGED.
              3. YOUR NEED AS A FAMILY CAREGIVER.
              4. THE PERSON GOT A RAW DEAL AT SENTENCING.
              5. WAS THIS A FAIR SENTENCE LOOKING AT THE FACTS TODAY.
              6.  EXTRAORDINARY CHANGE IN CIRCUMSTANCES, ALLOWING FOR A LOWER SENTENCE OR RELEASE.
              7. SARS-CoV-2 VARIANT THAT CAUSES COVID-19 KEEPS MUTATING, SCIENCE, AND THE COURTS CAN’T KEEP UP.
        • THE ADMINISTRATIVE REMEDY PROCESS (BP9-11, AND 2241), the BOP ENCOURAGES ITS USE.
        • CASE MANAGER, COUNSELOR, UNIT TEAM, WARDEN, AND HOW THEY CAN INFLUENCE, FOR BETTER OR WORSE, YOUR JOURNEY THROUGH PRISON AND EARLY RELEASE.  ↓ BELOW IS YOUR PRESENTENCE INTERVIEW.

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

-Marc Blatstein

This video covers preparation for your Presentence Interview and needs to include everything about you: 1) Your Personal Narrative, 2) your Release Plan, 3) your Biographical Background (All of your Medical Records, for example), and 4) Your Personal Identification.

AFTER YOU ENTER PRISON – WHAT ARE YOUR EXPECTATIONS DAY 1?

    1. WHAT ARE THE BEST TIMES TO ARRIVE IF SELF-SURRENDERING
    2. WHEN YOU SURRENDERED, WHAT DID YOU BRING?
    3. WERE YOU PUT IN AN ISOLATION CELL? WAS IT A SURPRISE? WERE YOU GIVEN A HEADS-UP EXPLANATION WITH OPTIONS, WHICH ARE…
    4. THERE MAY BE FORMS TO BE FILLED OUT- BUT YOU’RE READY
    5. FOR MOST THINGS GOING FORWARD, YOU HAVE BEEN PREPPED ON,
      • WHAT TO EXPECT AND HOW TO ACT
      • DISAPPOINTMENT AND FRUSTRATION 
      • OR WAS ALL OF THIS A SURPRISE?
    6. FOLLOWING EVERYTHING WE HAVE REVIEWED, THERE IS A PLAN TO WORK TOWARD EARLY RELEASE, UNDERSTANDING THAT THERE ARE NO GUARANTEES.
    7. DISAPPOINTMENT AND FRUSTRATION LIKELY WILL FOLLOW, BUT THE ONLY PERSON WHO CAN CONTROL HOW YOU REACT IS YOU.

 

THIS VIDEO COVERS HOW YOU CAN WORK OR EARN YOUR WAY TOWARD FREEDOM, USING ELIZABETH HOLMES AS AN EXAMPLE OF WHAT IS POSSIBLE

 

HOW TO LOSE ALL OF YOUR EARLY RELEASE BENEFITS

Don’t Get Disciplined Infractions; No Cell Phones, No iPads (Unless They’re From The Commissary). You Can Lose All Good Time Credit, Earned Time Credit, RDAP, and Possibly Get a New Charge.

Is your client a Veteran?

Alternatives to Prosecution and Incarceration for Justice-Involved Veterans

If possible, connect your client with a facility that caters to veterans.

Catholic University Law Review; “Dog Training Programs support inmate rehabilitation.”

Other Military prisons with service dog training programs

  • NAVCONBRIG Miramar (aka Joint Regional Correctional Facility Southwest)
  • NW Joint Regional Correctional Facility Ft. Lewis Washington
  • Military Prison at Fort Leavenworth
  • Once their training is complete, these dogs are placed with veterans in the community who have:

If You Suspect You’re The Target of a Federal Investigation | Wherever You Are In The Process – There Are Still Things We Can Do

We are not Attorneys; you need Legal Representation.

Good Time Credit | 2nd CHANCE ACT | FIRST STEP ACT, ALL HELP 👉​Early Release

By

GOOD TIME CREDIT (GTC)

This video is a straightforward explanation of Good Time Credit.

 

For a personal, one-on-one call with me to discuss your current issue, or that of a loved one,  give me a call (240.888.7778). If I am unable to answer, please leave a brief message, as I personally return all of my calls. Marc Blatstein

We are not Attorneys; You Need Legal Representation.

Available to all incarcerated persons,

But not to those serving life or a 1-year-1 day sentence.

Good Time Credit is changed from 47 to 54 days per year,
off Their Imposed Sentence

The Prison Litigation Reform Act (PLRA), per BOP Policy,

To Get Good Time Credit, you must either have the following;

1) earned your GED or,

2) made satisfactory progress toward reaching your GED and

3) Avoid disciplinary infractions.

Good Time credit can be taken away after being given,

But only for ‘good cause’, and only in these ‘two examples:

1st) For e.g., riot, food strike, work stoppage, etc., or

2nd) Misbehavior, where the BOP only learned about it – after the good time was given.

 

Families Against Mandatory Minimums (FAMM) Calculation

“…for every year of imprisonment: you can earn up to 54 days of credit against AGAINST EVERY YEAR – UP FRONT YEARLY.

(“Term of Imprisonment” is widely understood as meaning the sentence of imprisonment imposed by the judge.)”

Example: Simply put:

For someone in the federal system serving a term of 5 years (THAT EQUALS 1826 days, including an extra day for a leap year), with

With Excellent Conduct, with, and only if he/she earns all possible good time.

Federal sentences are to be served at approximately 85% of each year, or:

(The 54 Days of GTC is included in the 311.)

311 Days  x  “5 Years” = 1555 Days Until Release [54 + 311 = 365 | 311  x  5 = 1555]

This means he/she earns

54 Days Of Good Time as they complete each set of 311 days.

By the end of five sets (x) 311 days/year)years,  

(5) x  (311) = 1555 days = 85%,

of their 1826-Day Sentence; or ~ 85%

 

INFRACTIONS: COULD KEEP YOU FROM RECEIVING THESE BENEFITS 

*EARLY RELEASE OPTIONS*

Self-advocating for Early Release is explained in this video – but no one can guarantee what The BOP will do.

I)                GOOD TIME CREDIT 15%

  • time reduction from the date the sentence was imposed.
  • Don’t get in trouble – No Infractions.

 

II)              First Step Act (FSA): LAW 12 MONTHS

The program allows up to 365 days of earned time credits (ETC), which will apply to early release if you:

IIa)         RDAP

  • You’re allowed OFF for RDAP
    • sentenced > 36 months and may receive up to 12 months off the sentence.
    • Sentenced> 30 months may receive up to 9 months off the sentence.
    • Sentenced> 24 months may receive up to 6 months off the sentence.
  • IN ADDITION TO THE (UP TO ) 1 YEAR OF CREDITS – FOR SUCCESSFUL COMPLETION OF FSA PROGRAMS

IIb) You are Educated With a Degree and Experience, Create a Course

  • Start planning a curriculum on a topic that you feel would be interesting
  • Organized for classes to meet twice per week for several months, 
  • Then you run the idea by your case manager; maybe it could help those with their GED; who knows?
  • Once all parties agree, your case manager is happy, and your Reentry Plan Looks GREAT!
  • It’s just one more thing Working For You. 

 

III)  Second Chance Reauthorization Act (SCRA). 12 MONTHS in an RRC Law 

  1. The regulation mandates that. 
    • “Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).
  1. This regulation also provides for 
    • home detention as a condition of pre-release custody during their final months of imprisonment,
    • not to exceed the shorter of ten percent of the inmate’s term of imprisonment or
    • six months.”
  1. BOP staff is required to review inmates for RRC placement 17-19 months before their projected release date, and inmates are to be individually considered using the five factors listed in §3621(b).

(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence—
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.

In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.

The Bureau may, at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another.

The Bureau shall make appropriate substance abuse treatment available for each prisoner the Bureau determines has a treatable substance addiction or abuse condition.

Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.

Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.

  1. Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.
    • The qualifying age is 60+ years, and You can serve that last part at Home
    • You must have served two-thirds of the sentence must be served to be eligible.
    • The offender must be serving a term of imprisonment other than life imprisonment based on a conviction for an offense or offenses that
      • the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.
    • The offender must not have escaped or attempted to escape from a BOP institution;
    • The BOP must determine that the release of the offender to home detention will result in a substantial net reduction of costs to the federal government and
    • The BOP must determine that the offender poses no substantial risk of engaging in criminal conduct or of endangering any person if released to home detention.

IV)            CARES Act: NEW End Date April 2023

Coronavirus Aid, Relief and Economic Security (“CARES”) Act

    • Mitigate the effect of COVID
    • They can place you home earlier
    • Case by Case
    • By Medical, based on risk, to keep the staff and community safe.
    • With an agency struggling with employee shortages and inmates with low-security risk and high maintenance costs (“costly medical care”), unloading as many prisoners as possible seems like a sound fiscal policy…

Podcasts

Bankman Released on 250 M Bond – Could be facing longer time than Madoff

In Healthcare, You’re The Target – DOJ and HHS Enforcement White-Collar Task Force

FBI Arrests Bankman-Fried in Massive Crypto FTX fraud

Take Ownership of Your Defense – What Happens When You Don’t

You’re The Target of The FBI – Surrendering During COVID 2022/2023

MORE THAN WHISPERS – Target #1: The FBI’s Coming

You’re The Target of The FBI – Now, What Do You Do? Surrendering During COVID’s The BOP Modified Operation Levels 2022/2023

White-Collar FBI Target: How Do I Get Out of Prison — The Fastest?

You’re the FBI Target – 5 Areas Where You MUST ADVOCATE For Yourself

PREPARATION- It’s your Sentencing Hearing, Presentence Interview, and Personal Narrative

FBI PROBE

POST-COVID LONG-HAULER 12-2022

A positive example of breaking the recidivism paradigm

  • LastMile.org, a program started at San Quentin State Prison. Located at San Quentin State Prison, where they started the program, they prepare “incarcerated individuals for successful reentry through business and technology training.”

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do

For a personal, one-on-one call with me to discuss your current issue or that of a loved one,  give me a call (240.888.7778). If I cannot answer, please leave me your name, number, and a brief message, as I make every effort to return all of my calls – that same day. Marc

We are not Attorneys; you need legal representation.

National Medical and Mental Health Programs
Overcrowding
BOP Overall Fact Sheet
Medical Care Level Classification
Sentencing Issues

 

Photo Credit: https://www.pexels.com/@lanophotography

LEGAL REPRESENTATION ⚖️ WHAT ARE THE 14 QUESTIONS TO ASK BEFORE HIRING YOUR TEAM?

By

LEGAL REPRESENTATION SHOULD BE YOUR FIRST DECISION, 

My Comment: If you know you’re guilty or will have to Plea, don’t waste your money on your attorney’s “Discovery” fees. If you’re willing to provide in your NARRATIVE your story where you accept responsibility, while expressing remorse for the victims you’ve harmed, providing this 1-2 weeks before your Presentence Interview is the smartest thing you can do. The Probation Officer who is preparing your Probation Report will appreciate your efforts as they have a full caseload, and no time, and the fact that you are taking this seriously. Being able to read your NARRATIVE before your Interview allows them to better understand who you are, and then during the interview, they can get to know you, asking any remaining questions they may have. As they draft your official Presentence Report they may recommend a more lenient sentence to your Judge.

They are the first STAKEHOLDER you will meet who have the power to influence the trajectory of your immediate future. Why? Judges respect their sentencing recommendations which may include: Probation, Probation and Prison (50:50, at best), Halfway House and/or Home Confinement, Restitution (No Interest Box Checked), and your Placement Request. If RDAP is an option as identified in your Presentence Report, verify that it has been included in the Judges Order as I have seen too many cases where it has been left out.

Interviewing Attorneys. It is best to have someone you trust with you as you meet and interview new attorneys if for no other reason than this is a very stressful time, and having another set of eyes can be very helpful.

Asking Questions Is Part of the Process of,

CHOOSING THE RIGHT ATTORNEY, and one who,

1) Practices federal criminal defense in a federal court and

2) Has experience in cases like yours. It sounds like common sense, right?

  • … at this moment, you may not be making the best decisions for yourself, so consider bringing along someone you trust to get their feedback as you meet and interview different attorneys.

3) A case in point is a client I had who, unfortunately, didn’t ask any questions, only to learn his

  • attorney years later, didn’t specialize in Federal Criminal defense, and had a
  • disciplinary problem with his state bar.

INTERVIEWING ATTORNEYS is your opportunity to find someone with a proven track record of,

4) Handling cases like yours is important. They should be willing to provide

5) Several current or past clients for you to speak with to ease some of your concerns and provide several

6) Sentencing memorandums (it should be about You – not just quoting legal stuff that the Judge already knows, like Booker) for cases like yours for you to read.

  • If they mention HIPPA, agree, but Adobe allows for redacting all personal information and works better than a black marker – If you notice that the memorandums appear similar, keep interviewing other lawyers.
  • Feeling comfortable with your chosen attorney is just one more step in the right direction as you develop a successful defense team.
  • During the interview, try and

7) Ask why they wanted to practice law and what was their best federal case sentence result, as these are both good conversation ‘ice breaker’ questions and

8) Ask them when they recommend to start preparing for the Presentence Interview and Sentencing Hearing. [THE RIGHT ANSWER IS, TODAY]

CONTINUING,

9) Ask whether they charge hourly or flat fees and if they have a payment schedule option.

  • If you want to go to trial (just feeling your right is insufficient), I give you FTX Sam Bankman-Fried and Elizabeth Holmes. Remember that the DOJ has a 90+% conviction rate.
  • Therefore, additional strategic questions would be:

10) How many trials and appeals (or what “%”) have they won, out of how many cases, over the past 3-7 years?

11) Don’t anger the court – before they ever meet you. That’s playing Russian Roulette with your life.

12) What is their current caseload, or how busy are they – too busy?

  • Consider that a single attorney with a small staff could support 2 or 3 criminal trials per year, working full time.
  • A Federal Defender may be as good if not better than private counsel.

13) While not yet law, is your attorney familiar with the Fairness in Restitution (FIR) Act? If you anticipate owing Restitution, consider requesting that the Government:

  • a) Show actual loss sustained by a victim as a direct and proximate result of the defendant’s actions,
  • b) Eliminate joint liability and ensure that defendants are only responsible for financial losses they caused,
  • c) Provide a right to an evidentiary hearing for proving or disproving the amounts included in a restitution order,
  • d) Change the statutory period of liability from 20 years to 10 years and prevent extensions;
  • h) Exempt any reduction in restitution amount owed from being counted as income for tax purposes.
  • i) Verify that the No Interest box is checked

14) Last, if you have time, watch them in court.

 

AT SENTENCING, YOUR JUDGE WANTS TO HEAR FROM YOU – NOT COUNSEL

  1. They want to believe you’ve Accepted Responsibility for your actions.
  2. They want to see that you have Remorse for the Pain you have inflicted on your Victims.
  3. They understand crimes do not happen in a vacuum – therefore what happened in your life that caused you to break the law?
  4. What is your plan (Your Release Plan) to not return to their courtroom?
  5. Were there other ramifications, such as losing your professional license to practice in a career you love?
  6. Provided in written form is good, and accompanied by a short video is another great option that could be cheaply done on a smartphone.
  7. Have you always provided community service or volunteered in your community – if so, talk about it and ask for Character letters for verification.

BEST PREPARATION – These next choices are yours.

Other Resources

 

Trials and Appeals. For cases like yours, with your judge, it is essential to learn how many in the last few years, or what percentage, have they successfully won in court. Remember that 98%. Also, do they have first or second-hand experience to prepare you for day-to-day life in federal prison so that you do not get surprised on day one, or do you need someone with BOP Prison experience to work with you on your Narrative, Release plan, and Character letters?

When selecting an attorney, choosing someone who will listen attentively to your situation is also helpful. Ask them: what can I do to help in my defense? It’s even better if they understand the importance of creating your Personal Narrative and Release Plan. Why is it necessary? Your Narrative is essentially your personal story or brand, and until now, the Department of Justice (DOJ) has been writing your Story for You – mainly through your Indictment. Do you like how it made you feel and look? Unless you take control and change your story, that is all your judge and future STAKEHOLDERS will know about you. Therefore, consider these factors carefully when selecting a lawyer to ensure that you make an informed decision.

You’ll want to know if your attorney will be able to work directly with you or through paralegals and other attorneys. This is because you want to know how often you will get to speak with your attorney. Will you be receiving updates via email, phone, or both? This becomes critical in cases that extend out years until you’re sentenced and can become very expensive. Will you be free on your recognizance, or put on pre-trial detention (with a probation officer), or should you expect to be remanded and locked up following your Arraignment? If you’re locked up when you call your attorney’s office, will someone be there to accept collect calls? Will the Paralegal or an attorney be familiar with the details of your case?

 

NO WITNESS TAMPERING – DON’T ANGER YOUR JUDGE

Strategy: Trial or Plea. If you are unsure, then start Not Guilty, but if you know you’re guilty in your gut (or heart), save yourself legal fees and the court’s time. This, in turn, could result in a lesser sentence. How?

If you decide with your attorney to plead guilty and cooperate with the authorities, your sentence may be significantly reduced. However, cooperating by providing substantial assistance is based on what you have heard or seen, but you cannot lie. Before cooperating with the government, getting a Proffer letter or agreement is best. A proffer letter is a legal agreement between a defendant, their attorney, and the government. The letter guarantees (kind of) the defendant immunity, meaning that the government cannot use any statements made during the meeting against you in their case – unless you aren’t truthful.

However, they can use your statement to follow leads. It does not guarantee a reduction in your sentence upfront, but rather only if this new information is used successfully against another. Honesty is a key provision of the agreement, and if the government believes that you, the defendant, are dishonest, they can end the meeting and now use these statements against you.

The authorities may also require you to testify, which is a separate matter. Cooperating is generally recommended unless it poses a danger to you and includes parts of it in the submission. Your letter should primarily convey remorse; the judge needs to hear from you (through your NARRATIVE and Allocution) that you understand the consequences of your actions and that you won’t repeat them. Judges Do Not Want to See You Back in Their Courtroom; believe them! Unsure, ask me!

 

FEES
My Comments: Please do not let the cost of your attorney be your only guide. A Federal Defender who “Knows his/her way around the sentencing guidelines and federal cases like yours” may be more helpful than a high-priced attorney. A former prosecutor doesn’t always make a great white-collar defense attorney when practicing federal criminal defense. Ask your attorney questions and see whom you feel you’ll work best with.

Having a contract that spells out: 1) your specific financial responsibilities, 2) that you’ll receive copies of all court filings before they’re filed, 3) time to review plea agreements, 4) the ability to review discovery, and 5) you’re “cc” on most if not all documents and once a month, Docket Sheets. If there is a flat fee and the relationship is terminated, should you expect a refund within 30 days? What would be the fair percentage? It’s only after getting answers to your questions can you think that the former AUSA, now White-Collar attorney, is a good fit for you.

Do they charge hourly or a flat fee? The hourly fee may be based on a prepaid retainer, with monthly bills offset against the retainer (that doesn’t include expenses, with different charges each for the attorney, attorney partner, paralegal, and legal secretary). If it is a flat fee (non-refundable) and cheaper than the other attorneys in your area (as you have learned after interviewing a few), that may give you something to consider as too cheap may not be a great idea either.

WITH THE FSA👉EARLY RELEASE IS POSSIBLE. ✍THE WORK IS MORE THAN JUST GOING TO PROGRAMS

By inDr. M Blatstein's Blog

THE WORK IS MORE THAN JUST GOING TO PROGRAMS; ✍ WE SHOW YOU HOW

Dr. M. Blatstein

Dr. M. Blatstein

FEDERAL SENTENCE MITIGATION: PERSONAL NARRATIVE | PRESENTENCE INTERVIEW PREP. | ALLOCUTION | REENTRY PLANNING | RDAP | HEALTHCARE | MEDICATION AVAILABILITY | BOP PLACEMENT – I answer 👇 and personally return 📳 My calls.
35 articles

PREPARATION. IS THE MOST IMPORTANT CONCEPT I WISH TO SHARE WITH THOSE FACING FEDERAL PRISON

Facing prison becomes real as your client finds themselves remanded or self-surrender. Being prepared for the possibility that they could be placed in an Isolation Cell on their first day is a preventable surprise that can be anticipated with a “heads-up” explanation before their arrival.

With Comprehensive Preparation for the Presentence Interview, defendants find themselves prepared for most eventualities. As part of their preparation, several days before their surrender date, they could have sent themselves books to read. Yes, these paperback books may start coming from Amazon (or home), and will remove some of the initial stress and boredom should they find themselves, right after surrendering, facing 23 hours per day in an isolation cell. This also sets up their habit of reading by showing their Case Manager that they are working to reduce their Improve Themselves, which positively impacts their Reentry Plan in the long run.

STAKEHOLDERS.

These are the persons responsible for incrementally reducing a person’s ‘Criminogenic Needs’ over time. This starts with the Judge, followed by Case Managers and Unit Teams (in prison), who determine everything a person does, from their job requirement to where one sleeps. Further, they are responsible for recommending programs as a result of their assessment survey, available through The First Step Act (FSA).

  • FSA BENEFIT. This offers up to 365 days off a sentence, with the remaining Earned Time Credits (ETC) going to extra time in a Halfway House or possibly Home Confinement, which is still under BOP control.
  • Other benefits include Good Time Credit, Second Chance Act (28 C.F.R. § 570.21(a)), Compassionate Release, and Cares (for a limited time).

THE PRESENTENCE REPORT (PSR).

All the while, the Presentence Report proves its reputation as ‘The Inmates Bible.’ This is because the first STAKEHOLDER your client will meet may be their Case Manager, who will have already read it in order to learn a little about the person they will soon meet.

If comprehensive, the Probation Officer who previously Interviewed your client will have weaved into Their Probation Report the NARRATIVE, REENTRY/ RELEASE PLAN, along with ANSWERS to the SPARC-13 ASSESSMENT QUESTIONS.

No Narrative in the Defendant’s Presentence Report?

  • Then, all the STAKEHOLDERS will know about your client – will be what’s written in the DOJ INDICTMENT. I think we can all agree that this is not the most flattering way to make a great first impression on the Judge. Then, once incarcerated, the Case Manager, the Unit Team, and the Warden control when your client will be returned to freedom; now may be biased – just not in your client’s favor.

After your arrival and you’re all settled in, you’re now tasked with locating the computers, but not for emailing your loved ones. Rather, you need to take and complete your Risk Assessment Survey. This is because the First Step Act Programs you take will only count for Earned Time Credit (ETC) if 1) they have been recommended by BOP staff and 2) after you have completed your SPARC-13 Assessment Survey.

  • To be prepared to take the Survey and speak with the Case Manager, you can also mail yourself a copy of the FSA Program Statement 5410.01_cn2  to review before meeting with your Case Manager several days before your arrival.

INCREMENTAL IMPROVEMENT – REDUCING CRIMINOGENIC NEEDS.

PATTERN. Your Pattern Risk Assessment Score is another assessment score and is hardcoded. Approximately 50% still applies at your 1st assessment, which occurs within 30 days after arriving. See where you fit.

As your attorney and Probation Officer will know this by the time of the Presentence Interview, it’s good for the defendant to become familiar with the categories and address the issues that need addressing.

I. WORK – THE FSA IS MORE THAN JUST GOING TO CLASSES 

The only way I know of proving that you’ve,

  1. ...taken the classes,
  2. …demonstrated Incremental Improvements that your Case Managers need to see – (which I have learned from others),
  3. …is by daily writing (or documenting) everything constructive you do while in custody, which is by keeping a daily log or journal.
  4. WHY KEEP A DAILY LOG?

Consider this Insurance; similar to purchasing Life, Health, or Auto: You hope you don’t need it – Until you do.

  • Next is Building this “New” Habit, practice – practice – practice. Then, repeating this skill daily until it becomes second nature. A great book on this: The Power of Habit, by Charles Duhigg.

Why? What do you do if the BOP has No Record that you took that class – on that date – and you find this out 6 Months Later, what do, or can you do?

  • READ THIS, Great documentation-proof, ‘possibly,’ could have provided a more favorable outcome – Don’t Let This Be You: Legal Case: this person was denied their ETC (apparently without clear documented proof of ETC to support his position of 365, among other issues).

Ia. FIRST STEP ACT PROGRAMMING. Keep a running journal of everything Constructive that you are doing each day. This log will include the day, date, time, and your constructive activity – what you did and learned. Whether taking an FSA Class, reading a book that you could learn from, or other time well-spent activity, keep a record of what you learned and who taught that class (if this was FSA, include positive comments about the teacher). Then, at the end of the class, a brief note on lessons learned, how you will use them in daily life, and a brief thank you to your Case Manager for recommending that special program. This all goes towards building your Reentry/Release Plan.

 

If Your Case Manager, Counselor, and Warden, in their tenure, see hundreds to thousands of Adults In Custody (AIC, Director Peters’s new term) pass through their facility, how can you stand out in a good way? We all start off as a number – until we show them otherwise. If you’re looking to take advantage of the FSA and all it has to offer, no promises, but your efforts may result in an earlier release date.

Ib. NON-FICTION BOOKS – Remember What You Want, ‘TO GET HOME’ – start building this new habit. For as long as you will be in prison, pre-schedule books to be sent from Amazon (spread out among family and friends – on a schedule so that the responsibility and costs are spread out) to arrive every 2-3 weeks. Read daily and note the day, date, time, and specific “takeaways” that you have learned from each book by chapter, and watch your Release Plan continue to grow.

  • You still want OUT of The BOP – Right? Give credit to your Case Manager for what you have learned in your ‘Release Plan’. Now, they, too, look great in the eyes of their supervisors.

The books can be on any topic, you have the time, and possibly this could develop into a new career. Biographies of famous people, Art, Art History, Science, Painting, Life Skills, History, Famous Women in History, Geology, really anything you are interested in. If you’re unsure, go to my website. the books are at the bottom of this page, or get ideas from The New York Times, Forbs, Inc., – but buy from Amazon as the BOP guards are familiar with Amazon (and paperbacks are cheaper).

  • This is just an idea, a starting point – you may have an interest in Painting or Drawing, whatever it is, take this time and explore it; please don’t waste it on just TV. This is Temporary, and Eventually, you will be Released.
  • This is advice that I have learned from others who have developed a broader perspective. My wish for you continues to be PREPARATION.

Ic) You’re Educated With a Degree and Experience, Great – Create a Course

  • Plan a curriculum on a topic that you feel would be interesting.
  • Organize it for classes to meet 2-3 times per week for several months,
  • Then, run the idea by your case manager; maybe it could help those with their GED; who knows?
  • Once all parties agree, your case manager is happy, and your Reentry Plan grows – GREAT!
  • Let your Case Manager and Unit Team take the credit!
  • It’s just one more thing Working For You.

Id. Log every conversation you have with each BOP staff member by name, date, time, and topic; it’s for “just in case.” It can be an innocent conversation, but you will never know – until the day you need it, but if you forgot the day, date, and exact conversation – you’re out of luck.

Ie. Second Chance Pell Education Grant. Do you have your GED? Yes, Great! Do you have a College Education? The Department of Education intends to fully implement the legislative changes to allow eligible students’ college-in-prison programs to access Federal Pell Grants, beginning July 1, 2023. The Biden-Harris Administration has the following list of participating Colleges and Universities. Please check for Grant eligibility first.

II. THE FINANCIAL RESPONSIBILITY PROGRAM (FRP). Should you have a court-ordered financial penalty to participate in the First Step Act, you must offer to participate in the Program; otherwise, you could be denied participation in FSA programs and/or early release benefits. If the Judge ordered that you could delay payments (Yes, still offer something to your Case Manager. It will help you in the long run.). If the Judge ordered, for example, $25 per quarter, to offer something more to your Case Manager will elicit a similar response.

Recommendations:

  1. Do not keep $1000s in your Commissary Account. Why? Because the DOJ one day would like nothing better than confiscating 75% of your commissary money.
  2. Offer reasonable payment options. If your commissary account takes in > $1000s per Month, offer to contribute $200 per Month to your FRP; if your account takes in $200-500 per Month, offer to contribute $25-75 per Month (or quarter, depending on your ability to pay), to your FRP.
  3. Refusing is not an option – unless you wish to serve your full sentence and possibly risk the DOJ getting their wish of confiscating 75% of everything in your commissary account.

RELEASE PLAN, INTERVIEW.

  • No Reentry/Release Plan 👉 Why should a Case Manager recommend you for the Second Chance Act? If you don’t appear to care about your future – which is how they will view it, why should your STAKEHOLDERS spend their extra time on you?
  • No Reentry/Release Plan 👉 Why should a Case Manager recommend you to a Residential Reentry Manager (RRM)?
  • No Reentry/Release Plan 👉 Why, should a Residential Reentry Manager (RRM) take a chance and offer you one of their beds when there is someone else applying with a Great Release Plan? If someone has taken the time to 1)write a Release/Reentry Plan that has reviewed their progress during their time in prison, 2)explain why they need and how they will use the time while filling one of the limited Halfway House beds, or while on Home Confinement, who would you choose?
  • Case Manager recommendations are important to Residential Reentry Managers (RRM), as they need to know that they’re bringing in a qualified person who can continue their reentry successfully back into the community.

REENTRY/RELEASE PLAN. Starting it before your Presentence Interview isn’t easy, so explain that you researched content for your Release Plan Online at the MN Dept. of Corrections and ‘The National Institute of Corrections Manual’, and then use their template to start your Reentry Plan Into The Community. Print it, and mail it to yourself so you have a baseline.

  • NEXT INTROSPECTION: Review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You can start just by writing, “I’ve had a lot of time to think, and I didn’t realize how bad my decisions were and how much pain they inflicted on the victims I created as a result of my actions…” I your words…
  • With preparation and more entries, you will see that a better outcome will emerge as you continue developing your reentry/release plan. We can’t change the past — but you can impact your future.
  • It’s early in the process, so that you won’t have all the answers now, but you could add that you reviewed the Risk Assessment Programs available through the First Step Act, and you recognize that there is much for you to learn – because you have much to prove this to your victims, community, family, and yourself.

This article also appeared on LinkedIn