Prescriptions for medications (4 weeks recommended, at worst they are thrown out, at best they are available for your use. When surrendering on weekends or holidays the BOP may allow these to be used if not available from their onsite pharmacy), medical devices, and glasses (that are not made with metal).
ID: birth certificate, passport, driver’s license, and social security card.
Cash; $320 ($370 in November and December), then use either Money Gram or Western Union for monthly deposits.
Legal papers.
List of personal names (including phone numbers and addresses).
II) PRE-SURRENDER PLANNING – WHAT YOU NEED TO DO
THINGS TO BE THINKING ABOUT AS YOU AND YOUR FAMILY PREPARE FOR YOUR SURRENDER
I. Compassionate Release from COVID is ending 6/10/2023, but the Compassionate Release part is still being looked at by the USSC as recently as 2/2023)
II. RDAP, up to 1 year off a sentence.
III. Your Reentry/Release Plan that you started before your PSI, you could start with,
“Since my indictment and arrest, I had the time to think about all I have done. Previously I didn’t even recognize all of my BAD decisions, but I realize that it’s not all about me. It’s about what I did and what I’m going to have to do to make things right.
So while waiting for my PSI, I read about the programs that address criminogenic needs, and there is much that I need to learn, and this is a place for me to start.”
You can include.
Your Narrative, Character Letters, Copies of Official I.D.,
A review of what you’ve been through, your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. The sooner you begin to develop a reentry/release plan that works toward a better outcome – you will see that preparation fulfilled. We can’t change the past — we can impact our future.
As you get closer to release, use these templates (Generic Example, MINNESOTA),
Your Immediate Goals – When You 1st Meet Your Case Manager:
1) You Want to Participate in The FRP (if applicable),
2)As you have ALREADY TAKEN YOUR SPARC-13 RISK ASSESSMENT SURVEY, you’d like to start taking programs.
IV. FSA (for every 12 months of Programs (approximately) = 6 months early release), but confusion still reigns in the BOP as this 2/2023 as the BOP has decided to only allow 10 ETC per month even though the FSA allows for 15 ETC after 2 Assessments, should you be eligible.
This may not be final, as it appears to conflict with the Intent of the FSA.
V. Case Managers (one of your STAKEHOLDERS), How they see Progress, is through Incremental Improvement.
Other than the recommendations below – I do not know of any other way for a person to document their own efforts to improve themselves in the eyes of their STAKEHOLDERS.
Your Case Managers can ease your time while in prison, and some may proactively provide you with an early release through the 2nd Chance Act
The Books you read and FSA Classes you’ve taken – Your entries, at best should be daily,
FSA Programs: Compliment the teachers, write a takeaway of something you learned that could be used in your life, and thank your counselor for suggesting the program and the new content you learned – No Matter What it was.
Non-Fiction Books, similarly, daily note what you found that you could implement in your life, and what you agreed with (or disagreed with) about your author.
Log every meeting you had with each BOP counselor, correction officer, or staff member by Name, date, time, and topic. All of the documentation and journalling are your Insurance, for your future protection. It is your Professional Log to refer to should any issues arise that challenge your Integrity, in order to Protect You Legally.
It will show the court how.
You constantly learning, striving to create a new path.
You’re addressing your criminogenic needs.
You’re working to reconcile with society, as you may have a request for the court later.
For the list of books you’d like to read, you’ve created a Pre-Set schedule, so it’s not the responsibility of just 1 person, and therefore cheaper for all
There may be someone who could also start a simple website for you, entering your daily routines.
While this can’t change the past – It Can Create Future Opportunities, to influence:
A more successful journey through prison.
An earlier release date with possibly, a shorter term on Supervised Release.
A more persuasive case for early termination of Supervised Release
A faster pathway to a successful career
From Amazon, purchase inexpensive softback, note-lined journals,
The BOP will only let them in if they have writing on the pages.
I have several examples on my website, the writing can be religious, inspirational, sports, really, almost anything – Just Not Blank Pages.
These book summaries should answer three questions:
Why did you choose it?
What did you learn?
How will the book contribute to my success or how can you implement what you learned, upon release?
I had several terrifying moments through my ordeal, 1st was the knock at my door and coming face to face with a Federal Lawsuit, 2nd was the feeling that the only skill I had excelled at for the last several decades was foot and ankle medicine and surgery – and nothing else! What was I going to do?
There was never any guidance on a Narrative, Reentry Planning – Nothing
I Hope You Get My Meaning
For example, serving a four-year sentence, you should have a four-year reading list ready before surrendering – then decide what books that would help you progress toward your goals.
This may seem premature at the time as you face this life-altering event, but pushing your way through it will pay dividends later.
How to Cook a Wolf, by F.K. Fisher, Written to inspire courage in those daunted by wartime shortages, How to Cook a Wolf continues to rally cooks during times of plenty, reminding them that providing sustenance requires more than putting food on the table.
I Know Why the Caged Bird Sings is a 1969 autobiography describing the young and early years of American writer and poet Maya Angelou. It is a coming-of-age story that illustrates how the strength of character and a love of literature can help overcome racism and trauma.
The Three Laws of Performance, By Steve Zaffron, is a proven system for rallying all of an organization’s employees around a new vision and ideas for making the vision stick. Filled with illustrative examples from Northrup Grumman, BHP-Billiton, Reebok, Harvard Business School, and many others.
Two experts in the field show how to make major transformations happen.
The book outlines a process for engaging all employees to buy into an improved vision of an organization’s new and improved future.
VII. Find someone who is willing to be responsible as a Point-Of-Contact for Emergencies or other issues, plus you will also need to appoint a Power of Attorney– a spouse, a parent, a best friend, or a lawyer just in case things don’t go right,
the attorney could have confirmed that the court’s intake orders arrived before you do, it’s not fun to arrive, only to be put into solitary because the court’s orders have not.
In normal circumstances, the family or contact person should expect a phone call within 24 hours of the day the person surrenders.
Once the person is in the general population, he/she can ask someone for help. Another person can ask their family member to call and let them know that all is OK.
VIII. Learn the BOP policies, and then share that with those visiting and corresponding with you as each one “has a specific procedure” to be followed.
Send and receive letters through the regular postal service is found ⇨ You’re A & O Handbook
SNAIL MAIL(Please read as color copies may not be allowed)
Coordinatevisits with people – so everyone doesn’t show up on the same day.
You may want to type out a sheet of paper that includes the following information for all the people on a contact list:
Name
Mailing Address
Phone Number
Email address
A day or two before surrendering, the person should print out the page and send it in the regular mail to himself, at the prison’s address. The person will also want to bring the paper with him when he surrenders.
Prior to surrendering to prison, the person should help all people on the contact list understand the rules of the system.
Although rules vary from time to time, administrators will limit access to each of the communication channels— visits, limits may apply.
IX. If you have a business that is runningwhile you are in prison, you have to tell those you will communicate with that:YOU ARE NOT ALLOWED TO DO THIS, OR GIVE ANY ADVICE OR INSTRUCTIONS TO ANYONE EITHER THROUGH:
PHONE CALL CONVERSATIONS REGARDING RUNNING A BUSINESS – WHAT YOU CAN, AND CAN NOT SAY
You can say: “I Am Not Allowed to run any business or give any kind of advice from Prison, but, if I were home, possibly, this is something that I would consider doing,
which would be,_______________________,
“but as I am in Prison – I Am Not Allowed To Run A Business – So it’s Up to Them”
Before you surrender, they need to understand that this is how the conversation will go.
Properly planned, understanding the BOP Medical Policy – it is possible (but not guaranteed) to have an expensive orthopedic surgery (for example) that,
Normally may have been difficult to get such as a Knee Replacement – considered Medically Necessary but Not Urgent.
Before surrendering, a doctor wrote a letter memorializing the necessity of knee-replacement surgery. With planning, he was designated to an FMC.
Banks and brokerage houses have been known to “close accounts”, making them move accounts for a fraud-crimes, within 30 days.
Open accounts at multiple institutions.
By opening several accounts, YOU HAVE A CUSHION. If one institution closes an account, you can transfer resources to another existing account – as long as you have someone with Power of Attorney.
Providing Power of Attorney to someone you trust.
In prison, IF U HAVE A FINANCIAL PENALTY?
you can spend 100s – 1000’s/ month, I spent $325 per month.
But if you have a Financial Responsibility Plan (Restitution), you,
Will have to allocate funds for that.
Should you have Restitution or a financial penalty, at your first meeting with your Case Manager, offer to make ‘reasonable’ payments. Refusing with adversely affect your FSA Programming and attempts at early release.
Keeping lots of funds in your commissary account is not recommended, especially if you have financial penalties – as The DOJ wants to take 75%. It is not law yet – But It Is On Their WISH LIST.
XIII. Questions to consider when writing your Narrative, Allocution, or Reentry/Release Plan
Your STAKEHOLDERS will all want to know, what your plan is;
Not re-offend.
Not come back to their courtroom
…what other steps could you take.
Being incarcerated, you understand that there are programs that address criminogenic needs, and you plan to take them seriously.
You know that you must prove yourself to your family, yourself, and the court by never returning.
THOSE OF YOU WHO WILL BE SURRENDERING DURING WINTER 2022/2023, COVID ALONG WITH THE FLU/INFLUENZA MAY BE PRESENT AT YOUR FACILITY
YOU CAN CHECK THIS OUT FIRST BY GOING TO THE BOP WEBSITE AT BOP.GOV
WHEN YOU GET THERE, YOU WILL LOOK FOR THE BOP COVID CURRENT MODIFIED OPERATION LEVELS,
THEN LOOK FOR YOUR PRISON
IN 2020 THE WORLD WAS CAUGHT BY SURPRISE, BUT BETWEEN ISOLATION, MASKS, AND VACCINES, WE’VE MANAGED TO COME THROUGH IT.
All prisons and jails, being closed-in environments, were perfect breeding grounds, although in the federal system, a few wardens did a great job protecting inmates and staff alike.
ALONG WITH THE OTHER ITEMS I’VE COVERED THAT YOU VAN BRING WITH YOU [SEE MY WEBSITE]
If you have had all your COVID vaccines and boosters, bring verification
If you haven’t, that’s ok too.
If you had your Flu Shot, bring verification.
Should your warden be overly cautious in instituting precautions, be grateful. It is better to error on the side of caution.
Through your preparation and PSR, the Judge has already seen YOUR COMPLETE MEDICAL Record, which is already at the Prison.
At this point, I cannot tell you if you will be put into an isolation cell, but as of this recording 12/10/2022, that may not be necessary.
Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)
Learn From My Mistakes – So you Don’t Make Yours
I’ve been in practice for 30+ years, which was unfortunately interrupted by an early 6 am knock at my front door,
and a 2nd at 8 am at my podiatric medical practice – all for a problem that I created.
As a result, I Plead Guilty to a Felony and was convicted of a federal White-Collar crime, and was sentenced to time in the BOP.
After my release, and several years of hard work, my license was, restored in full in 2010.
IN 2020 THE WORLD WAS CAUGHT BY SURPRISE, BUT BETWEEN ISOLATION, MASKS, AND VACCINES, HERE IN THE US, WE’VE MANAGED TO COME THROUGH IT.
All prisons and jails, being closed-in environments, are perfect breeding grounds for viruses. Through the 2020/2021 COVID epidemic there were a few wardens who did a great job at protecting their inmates and staff alike.
ALONG WITH THE OTHER ITEMS I’VE COVERED THAT YOU VAN BRING WITH YOU [SEE MY WEBSITE: PPRSUS.com]
If you have had all your COVID vaccines and boosters, bring verification
If you haven’t, that’s ok too.
If you had your Flu Shot, bring verification.
Should your warden be overly cautious in instituting precautions, be grateful. It is better to err on the side of caution.
Through your preparation of the PSR, the Judge has already seen YOUR COMPLETE MEDICAL Record, which should be at the Prison.
At this point, I cannot tell you if you will be put into an isolation cell, but as of this recording 12/10/2022, that may not be necessary.
Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)
My focus in creating The Physician Presentence Report Service
Is ALWAYS – Being Prepared
Learn From My Mistakes – So you Don’t Make Yours
I’ve been in practice for 30+ years, which was unfortunately interrupted by an early 6 am knock at my front door, and a 2nd at 8 am at my podiatric medical practice – all for a problem that I created.
As a result,
I Plead Guilty to a Felony, was convicted of a federal White-Collar crime, and was sentenced to time in the BOP.
After my release, and several years of hard work, my license was, restored in full in 2010.
Masks may be required, (remember that the flu is another complication this yr. as we were isolated since 2/2020), but otherwise, all appears to be functioning normally
• If you’re designated to a facility that is under Operational Level 2 or 3
These may require that additional CDC prevention guidelines be followed
• Here the Warden is Responsible for determining his ‘operation level’, and these levels will vary around the BOP.
You could be in Quarantine 2-4 weeks,
• Remember in the Big Picture –THIS IS TEMPORARY
• Now preparing for 1-4 weeks in a cell – You Will Be Bored
• Think about Books – Books You Can Learn From:
• Make a list of books you’d like to read – START SENDING THEM TWO DAYS BEFORE YOU ARRIVE,
• Create a Pre-Set schedulefor each friend and family member – and it’s cheaper for all
• Getting too many books at once could get you in trouble
Ask family & friends to each send books from the list, 2 books at a time
• When you get to the Camp, or Low
After you make friends, ask them, to ask their family, to call yours and let them know you are OK, if you haven’t been able to make a call or get to the BOP email system
Hardback – from Amazon, Softback – from home
1. Marco Polo’s “Travels”,
2. Martin Luther King’s “Letter from Birmingham Jail”,
3. Nelson Mandela’s Autobiography
4. The Three Laws of Performance, By Steve Zaffron
5. Rich Dad, Poor Dad, by Robert T. Kiyosaki
6. How to Win Friends and Influence People by Dale Carnegie
7. The 7 Habits of Highly Effective People: STEPHEN R COVEY
8. The Power of Habit: by Charles Duhigg
9. Steve Jobs by Walter Isaacson
10. The Gift, Dr. Edith Eva Eger
… these are all a great place to start and should continue throughout your stay
BOP Rules:
Inmates may also receive up to five magazines (no sexually explicit material) or paperback books per day.
Paperback books sent in a package (from home)
· must have the contents clearly annotated on the outside of the box
· (IE… 5 paperback books enclosed in accordance with BOP policy), and
· only the books may be in the package.
· From The BOP, Books, magazines, and photos are the basic items that an inmate may receive from family and friends.
Hard-covered books:
· (no padded covers, no enclosed CD/DVD) and/or newspapers
· only from a publisher, distributor, or bookseller(IE… Amazon.com, Walden Books.com).
Not Authorized,
Blank journals, diaries, address books, daily planners, card stock, construction paper, hobby craft materials, or sketchbooks
· Inmates also cannot receive any food items, clothing, or electronic media (CDs, DVDs, flash drives, etc…).
You’re Now The Target of The FBI – You Have A Choice.
You’ve been allowed to self-surrender to a minimum federal prison camp – but find yourself in isolation (or solitary confinement), because your paperwork has not arrived. This does happen, and can be avoided!
For the purpose of this article, we are going to examine the process that follows after the court agrees to let your client self-surrender.
Up until this point, there has been the back and forth between defense counsel, the U.S. attorney, and lastly the court. The defendant’s number one job has been to get their affairs in order and then to show up on the specified day, at their BOP Institution.
The process of getting the court’s order delivered to the specified BOP Institution on time is, for the most part, considered something that automatically happens as the next step in the process. But it is this author’s opinion that at times, the council should reflect on President Ronald Reagan’s famous quote; Trust – But Verify…
Because, in this case, here we have Trust, without the Verification. I offer the following so that more care and empathy for your client can be taken, as you guide them completely through this process.
These steps I believe will help to ensure a smoother, self-surrendering process;
Verify with all parties that: the receiving facility is in receipt of all the required judge’s orders for your client’s arrival – before they get there, 18 U.S.C. § 3621(c).
If your client is ultimately designated to a ‘satellite’ camp, let them know ahead of time that they have to present themselves to the adjacent, ‘higher secure facility – and not to the satellite camp.
Also let them know that at the higher secure facility, they are likely to see prisoners in handcuffs and shackles, guards with long guns, guard towers, etc., so they are not caught off guard.
This is because each client will deal with the emotional aspects of “prison” in their own way, especially if it’s their first time.
There they will be screened and given a change of clothes. The clothes that they came with along with peripherals, will then be boxed and returned to their ‘legal residence’.
Their birth certificate, passport, driver’s license, and social security card all will be kept, to be returned at the end of their incarceration.
Whatever legal papers you have accumulated, just like medical records, these copies can be kept with you as your own personal records. Your PSR, I believe is not allowed to be brought in with your other personal items.
What happens if you depend solely on the process, and do not verify that the court’s orders have preceded your client’s arrival?
Your client was allowed to self-surrender, and the rest was an ‘assumed formality’…
Upon your client’s arrival, the prison’s guards at receiving had not received any of the court’s orders regarding their sentenced incarceration – which does happen, no matter how infrequently.
Policy-wise, once they have your client’s birth certificate, passport, driver’s license, and/or social security card, this may only allow the facility to hold your client (meaning that they will not turn your client away), but likely will not allow them to formally admit them into the institution.
This ‘hold’ option further may also involve moving your client into an ‘isolation’ cell until the court order arrives, which according to staff, “may take up to a month”.
A core value in this author’s opinion is verifying that the institution has received all of his/her required court-ordered intake documents, before your client’s arrival.
Attorneys’ Reputation and Future Referrals: No one really wants to go to prison. Therefore, while this defendant (and their family), may or may not turn out to be a great referral resource, bad reviews on the other hand can come from anywhere and travel at lightning speed – case in point.
For those of you who already do this, your clients are grateful – even if they don’t know, or show it.
Avoid a stay in Solitary Confinement, ‘Self-Surrendering Successfully’ in the BOP.
Before the sentencing hearing.
1. Ensure accuracy of the PSR.
2. Verify public safety factors (PSFs) to ensure appropriate security levels. These could include or preclude camp placement for otherwise qualified defendants.
3. Counsel should consult with the client to determine:
2. Prescriptions for medications (4 weeks recommended, at worst they are thrown out, at best they are available for your use. When surrendering on weekends or holidays the BOP may allow these to be used if not available from their onsite pharmacy), medical devices, and glasses (that are not made with metal).
3. ID: birth certificate, passport, driver’s license, and social security card.
4. Cash; $320 ($370 in November and December), then use either Money Gram or
Western Union for monthly deposits.
5. Legal papers.
6. List of personal names (including phone numbers and addresses).
2. Verify public safety factors (PSFs) to ensure appropriate security levels. These could include or preclude camp placement for otherwise qualified defendants.
3. Counsel should consult with the client to determine:
c. Check that the clerk prepares the judgment correctly including your SOR content.
d. Criminal history score may not change a defendant’s score, but it can negatively impact prison designation.
After sentencing with the designation made:
· Review with the defendant information such as nearby hotels, visiting hours, mail, commissary, telephone, items that are allowed in prison, etc.
What the defendant can bring with them:
1. Basic wedding band, Bible.
2. Prescriptions for medications (4 weeks recommended, at worst they are thrown out, at best they are available for your use. When surrendering on weekends or holidays the BOP may allow these to be used if not available from their onsite pharmacy), medical devices, and glasses (that are not made with metal).
3. ID: birth certificate, passport, driver’s license, and social security card.
4. Cash; $320 ($370 in November and December), then use either Money Gram or Western Union for monthly deposits.
5. Legal papers.
6. List of personal names (including phone numbers and addresses).
that your Attorney is paid to keep you out of prison or at best, spending the least amount of time “in prison“.
Help the Judge Understand Who You Are – and Why You Deserve Leniency
What Changed in Your Life – That Caused You to Break the Law?
Now is the Time For You To Invest In Yourself– No One Can Change their Past ⇨ But YouCanChange Your Future
Writing your story, through Your Narrative tells the Judge how you came to this point in your life. This is an arduous, self-reflective experience for you to go through, forcing a face-to-face with your innermost thoughts. It may require you to enlist someone with federal sentencing mitigation experience to guide you in drafting your narrative, but this is the story of your life and requires your participation. Include from18 U.S. Code § 3553 – Imposition of a Sentence, the Nature and Circumstances of the Offense, and your History and Characteristics relevant to the incident.
Taking weeks to months to complete, can result in a distilled version of yourself that is honest and pure, a version where you have Remorse, Accept Responsibility, and Identify with the Victims of the Crime You Perpetrated.
This resulting Narrative or Your Story – is quite the opposite of the DOJ’s Indictment Narrative, which has already been read by your Judge. As you stand at your sentencing hearing anticipating your conversation with the court (your Allocution), you may also realize that writing your narrative has been an unexpectedly cathartic experience. Speaking from the heart could influence the court and ‘may’ impact your sentence…
CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF
The Personal Narrative, Reentry-Release Plan, and answers to the SPARC-13Assessment Questions(as you are expected to answer these questions when you first arrive, you might as well become familiar with them early), are written as one document and weaved into the Presentence Report when provided to your Probation Officer, a few weeks before your Presentence Interview.
Here the defendant has accepted responsibility, expressed remorse for the victim(s) pain, suffering, and how it has impacted them, and agrees with the court about the seriousness of the crime, without minimizing it.
The caveat is that the defendant must put time and effort into writing their Narrative, Allocution, and Reentry Plan because their future depends on it being honest, pure, and from the heart.
PERSONAL NARRATIVE. Writing your story, through Your Narrativetells the Judge how you came to this point in your life. This is an arduous, self-reflective experience for you to go through, forcing a face-to-face with your innermost thoughts. This is your autobiography (of you and those around you), the good, bad, and the ugly. It may require you to enlist someone with federal sentencing mitigation experience to guide you in drafting your narrative, but this is the story of your client’s life and requires their participation.
NATURE and CIRCUMSTANCE You want to include, 1) What led you to do this, 2) How did you get involved, and 3) What was your involvement? [check that your involvement reflects what is in the official Presentence Report].
HISTORY and CHARACTERISTICS Here you want to include, 1) Your remorse, 2) How you ruined your victim’s lives, 3) Show what you’re doing to change and improve yourself regarding rehabilitation (NA, AA, GA, Therapy, etc.) and paying restitution – if you can, 4) Where there was a positive or negative family life – explain this, 5) Traumatic event – review with details, 6) Good things you’ve done, explain with examples, 7) Show Judge your Future Plans to not come back, and 8) Cooperation = Substantial Information thatdoes not implicate another.
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.
Mention if you have already started taking these before your Indictment or Presentence Interview, (if applicable AA, NA, Gambling, or Sex offense) therapy and forensic (per your attorney, for example, Dementia, there is only ‘1’ Prison Nationwide with a very limited number of beds), therapy sessions.
If the resulting Narrative or Your Story – is quite the opposite of the DOJ’s Indictment Narrative, where you sounded like ‘America’s Most Wanted‘, you did a Great Job!
RELEASE PLAN. Include that you realize you need to learn from the FSA Risk Reduction Programs and implement their lessons into your daily life. Then expand on an appropriate theme, “Since my indictment, arrest, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process, I had the time to think about all that I have done. I made BAD decisions, except it shouldn’t be about ME – It’s about MY Victims, and What I did. This is most important, as I must Prove my Remorse and my Efforts to Change and Accept Responsibility for The Pain I caused to my victims, the community, my family, and myself. To the court, I do not want to be here again – I have learned a hard and humbling lesson.
If you are currently taking FSA Programs for AA, NA, Gambling, or a Sex Therapy Program, where applicable when released, you want to continue the Therapy and Rehab for AA, NA, Gambling, or Sex therapy rehab. sessions. State this in your Reentry Plan.
You also should refer to (or have) copies of your Social Security Card, Driver’s License (if expired it needs to be updated with a new test likely), and Birth Certificate. You are also grateful to be moving into a home with a support structure where they will keep you accountable. While you have been self-employed in your career, you have a letter from a friend willing to hire you, “all I have to do is let them know that you are released, as they are expecting my call”. “As you see, the letter was also a character letter, that I initially provided.”
At the same time, you can also plan to be self-employed again, if your role was not part of your criminal charge. Then everything that goes into a traditional business plan including what you would present to a bank, should be professionally (not handwritten, not expensive), put together, as your Probation Officer will want to see this during, or before your Supervised Release.
ALLOCUTION.You maybegin by writing (in your own words) something like this…, “I am embarrassed and humbled to be standing here – since my indictment had the time to think about all that I have done, I didn’t recognize how BAD my decisions were, but Now I realized it’s Not About Me. It is about MY VICTIMS, What I did, and What I must do – to make it right.
“No punishment will be enough. If I could go back and change everything, I would.”
I am persuaded that the defendant is sincere and demonstrates insight into the crime.
Allocution is very important, “I’d like to have a conversation with the defendant” …
I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
“Allocution, however, changes this when I see the defendant has insight into the harm they have done,” when I see they have insight into this.”
“I am looking for remorse and insight as to why he did what he did and what he is doing to ensure that it doesn’t happen again.
As you stand at your sentencing hearing, nervous, anticipating the conversation with your Judge (your Allocution), you may also realize that writing your narrative has been an ‘unexpectedly cathartic experience’. Speaking from the heart could influence the court, and ‘may’ impact your sentence…
CHARACTER REFERENCE LETTER.These are letters to one’s character, they are aware that you have broken the law, and they have known you for a long time. Should an employer be willing to write a letter that states they are still willing to rehire you after release from prison due to your ‘character and skills’ – that is a Great letter and should be included.
EXAMPLE. The ‘writer’ states that they know that you are in trouble and facing federal charges and that you feel terrible about what you did. They have known you for 40+ years, “We went to college together, and this is so out of character,” and you are so remorseful.
I know that he/she won’t be back to this court because we will be looking out for them in the future, and we will hold them accountable.
Now…Do You Feel More Prepared to Speak with Your Judge?
My 30+ years in practice, and experience in the BOP, have provided me with the answers to almost all of your questions and concerns about how to craft your Sentence Mitigation Strategy.
For Free,
On my website, YouTubechannel, Podcast, and various other social media venues you may find the tools you need to do this on your own.
Whether using these free services, or engaging me, or someone else, please get experienced assistance.
This will impact your future through your Presentence Report and will influence the actions of your Judge (Your 1st STAKEHOLDER), and
Other STAKEHOLDERS as you move through the prison on your pathway home.
Once you are incarcerated, expect that life in The Federal BOP will come with,
Promises are made and broken, timelines are not kept, and sometimes rules are broken.
Having been in prison, despair, discomfort, frustration, and the like will become all too frequent and familiar, but this is all Temporary.
Therefore the only person who can control your reactions to all of this, and this person is you, so work at keeping positive and humble, focusing your efforts on the goal of getting home.
Remember thatno consultant or attorney, can promise any special relationship with any judge, or any outcome– if it sounds too easy or too good to be true, thenNext. This takes hard work, and Self-Advocacy on your part.
Let’s take the next step together and answer your questions. Marc
OUR SERVICE
I) PREPARATION
The first Expert You Need is a Federal Criminal Defense Attorney who practices in Federal Court. Next, they should be experienced in working cases similar to yours, and most importantly, You Should Feel Comfortable with them accepting advice from you, as you hold each other accountable.
Personal Narrative.Your only opportunity to speak directly to the Judge and share your personal history, accept responsibility, and remorse, and explain why you will not revisit this courtroom again. This can be in written, video, or both formats.
Allocution. This is the Judges 1st and only time to meet and speak with you – he really does not want to see you back in this courtroom on a criminal matter, again.
Your Probation Officer will be scoring you, it makes sense that you be prepared, as this could impact your sentence and placement.
III) PREPARATION For Your Presentence Interview and optimal BOP Placement Facility with supporting BOP Programs
The Presentence Interview is done by the Courts Representative, The Probation Officer (PO), who will try to learn as much about your as they can – in a short period of time. After they have spoken with The Prosecutor and Googled You, they will have learned all of the Negative Information available online, provided by the DOJ. Then they will concentrate on conducting their Presentence Interview of you, followed by their Investigation.
After they have assembled all of your biographical background information, they will write your official Presentence Report, passed to the Judge, along with recommendations regarding your sentencing and placement.
First, your legal team is currently prepping for the date of your Presentence Interview.
They work to establish 1st contact with your Probation Officer (PO) before they learn more about you, so they are not biased against you – before you ever meet,
They will quickly learn 1) what the Officer knows, 2)provides the opportunity to explain their client’s defense strategy, 3) you now have a timeline regarding The Interview Date, along with the Documents you need, and4) The Dictation Date Deadline – which is when their final Presentence Report of you is due to their supervisor.
You begin to assemble your Biographical Information
Highest education level achieved
Identification documentation
Character Letters
Past and First Work Character Letters
Military Service, what branch, type of discharge, and highest rank.
Past Medical (and Mental Healthcare) Care History
Comprehensive Medical and Mental Healthcare Profile Development
Mental Healthcare needs directly matched to FSA Specific Programs
Your Medication list checked for availability according to the BOP 3 Tier Formulary
Also, answering the question regarding, who listens to the ‘AM’ Radio Station: W.I.I.F.M., all the time?
I provide you and your legal team with; 1) a personalized, court-ready BOP Placement Packet, and 2) supporting reasons for the request, with the appropriate documentation; Medical Care, First Step Act Programming, or other pertinent issues. (Example – Alderson)
A Surrender list of what to bring, and aPre-Surrender Checklistof what to prepare for you and your family
IV) Our Presentence Investigation Report
We can also provide an “alternative presentence investigation report” for the defense so that it can be submitted to the court for consideration. This may also include the expense of additional experts.
V)When To Make Your BOP PLacement Request To The Court
JUST BEFORE SENTENCING, or
WITH THE SENTENCING MEMORANDUM, or
IF THE TIMING WAS RIGHT – AT YOUR PRESENTENCE INTERVIEW
It could be yours, a friend, a stranger, or a relative.
If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | or After Sentencing or You’re Already Incarcerated – There Are Still Things – At All Levels, We Can Do
We are not Attorneys, you need legal representation.
There is no implied or otherwise guaranteed final prison placement, medical and medication availability, or program enrollment.
YOU RECEIVED A FEDERAL INDICTMENT, IT CAN BE TERRIFYING
AS THE COMPANY OWNER, GOVERNMENT, OR CORPORATE EXECUTIVE – THE BUCK STOPS WITH YOU
THE DOJ HAS A 98% CONVICTION RATE, SO YOU’RE LOOKING AT PRISON, NOW THE QUESTION IS, FOR HOW LONG?
SHOULD YOU DECIDE TO GO TO TRIAL, ARE YOU COMFORTABLE WITH BEING PART OF THE 2% THAT COULD WIN – IF YES, THEN STAY STRONG!
THE SOONER YOU ACT – THE FEWER PROBLEMS YOU’LL HAVE, WHY?
LEGAL REPRESENTATION IS YOUR FIRST DECISION (AN ATTORNEY WHO PRACTICES IN IN FEDERAL COURT AND HAS EXPERIENCE WITH CASES LIKE YOURS)
IF YOU KNOW YOU MADE A MISTAKE, WITH LEGAL ADVICE, SPEAK WITH THE AUSA – FEWER CHARGES, LESS EXPENSIVE OVERALL.
SELF-ADVOCACY MEANS
ACCEPTING RESPONSIBILITY THROUGH YOUR NARRATIVE
HAVING REMORSE FOR THE PAIN YOU HAVE CAUSED TO THE VICTIMS YOU’VE CREATED
WRITING YOUR RELEASE PLAN
YOU AGREE WITH THE COURT AND YOUR MORAL OBLIGATION TO REPAY VICTIMS AND PARTICIPATE IN THE BOP FINANCIAL RESPONSIBILITY PROGRAM
IF YOU WAIT AND HAVE NOT FULLY PREPAREDFOR THE SENTENCING HEARING, YOU COULD BE FACING MORE TIME, UNNECESSARILY IN PRISON
PREPARATION – TO SET YOURSELF UP FOR THE BEST POSSIBLE OUTCOME
YOUR WORK IS WRITING YOUR
PERSONAL NARRATIVE,STORY, or AUTOBIOGRAPHY
RELEASE PLAN
ALLOCUTION
THE JUDGE MAY GIVE YOU A LESSER SENTENCE (NO ONE CAN GUARANTEE WHAT ANY JUDGE, PROSECUTOR, OR THE BOP WILL DO)
PREPARATION FOR AND UNDERSTANDING YOUR
PATTERN SCORE,
SPARC-13RISK ASSESSMENT.
YOU WILL TAKE THESE AS SOON AS YOU ARRIVE AND LOCATE A TRULINC COMPUTER IN PRISON
THIS IS ALL IN ADDITION TO PROVIDING YOUR BIOGRAPHICAL AND PERSONAL IDENTIFICATION INFORMATION
WORK YOU CAN DO TOWARD EARLY RELEASE
GOOD TIME CREDITS, GTC (15%)
FIRST STEP ACT:
EARNED TIME CREDITS, ETC (UP TO 365 DAYS OFF SENTENCE)
FINANCIAL RESPONSIBILITY PROGRAM (FRP)
RDAP ELIGIBLE (UP TO 1 YEAR OFF SENTENCE)
SECOND CHANCE ACT
DEPENDING ON YOUR AGE OR MEDICAL CONDITION, COMPASSIONATE RELEASE, DIFFICULT BUT POSSIBLE
HOW DOES ETC WORK
YOU DOCUMENT EVERYTHING YOU DO THAT IS CONSTRUCTIVE
THE FIRST STEP ACT.
FSA HAS CLASSES THAT YOU WILL BE TAKING.
AFTER EACH CLASS, IN A JOURNAL, DOCUMENT THE DAY, DATE, NAME OF THE TEACHER, AND WHAT WAS DISCUSSED – AS WELL AS WHAT YOU LEARNED
NON-FICTION BOOKS.
THESE ARE BOOKS THAT YOU ARE READING REGARDING TOPICS THAT INTEREST YOU, (2-3) BOOKS PER MONTH.
FOR YOUR RECORDS DOCUMENT IN A SIMILAR WAY TO HOW YOU WERE LOGGING YOUR NOTES ABOUT THE FIRST STEP ACT CLASSES
YOU CAN SHARE ALL OF THIS WITH YOUR CONTACT LIST AND POSSIBLY INCLUDE IN A BLOG OR WEBSITE
WHY DO ALL OF THIS WORK
STAKEHOLDERS.
CASE MANAGERS ARE RESPONSIBLE FOR SEEING THAT THE PERSONS IN THEIR UNIT ARE INCREMENTALLY REDUCING THEIR CRIMINOGENIC NEEDS.
THE ONLY WAY I KNOW TO SHOW THAT YOU SUCCESSFULLY, COMPLETED EACH CLASS AND WHAT YOU LEARNED,
THIS IS WHAT I HAVE LEARNED FROM OTHERS, AND WHILE THIS IS THE ONLY AND BEST METHOD I KNOW, I AM ALSO OPEN TO SUGGESTIONS.
DOCUMENTATION INCLUDES ALL INTERACTIONS WITH STAFF, AGAIN BY DATE, DAY, NAME, AND TOPIC, INCLUDING IF THERE IS A REQUIRED FOLLOW-UP NECESSARY, AND WHY.
FIRST STEP ACT PROGRAMS.
IN ORDER TO EARN THE ETC FROM THE PROGRAMS OFFERED TO YOU, YOU FIRST NEED TO HAVE TAKEN THE RISK ASSESSMENT SURVEY FOR PATTERN AND SPARC-13.
AS YOU TAKE EACH CLASS, DAILY AFTER EACH CLASS IT IS RECOMMENDED THAT YOU LOG THE DAY, DATE, TEACHER’S NAME, AND WHAT WAS COVERED – CLASS TOPIC.
AT THE END OF THE CLASS SESSIONS; WRITE A BRIEF THANK YOU TO YOUR CASE MANAGER FOR RECOMMENDING THE CLASS, AND WHY YOU’RE THANKING THEM.
WHY?
BECAUSE THEY HOLD THE POWER OF GRANTING YOU EARLY RELEASE THROUGH THE SECOND CHANCE ACT AS WELL AS
PROVIDING RECOMMENDATIONS TO HALFWAY HOUSE ADMINISTRATORS – WHO DEPEND ON THESE RECOMMENDATIONS TO FILL A LIMITED NUMBER OF BEDSPACES.
COMPLEMENTING YOUR CASE MANAGER (WHEN EVERYONE ELSE IS COMPLAINING) MAKES THEM LOOK “GREAT” TO THEIR SUPERVISORS…
NON-FICTIONS BOOKS.
BEFORE SURRENDERING, FOR THE NUMBER OF MONTHS THAT YOU ANTICIPATE BEING IN PRISON, YOU HAVE PRE-SCHEDULED SENT TO YOU 2-3 BOOKS PER MONTH, SPREAD OUT AMONG FRIENDS AND FAMILY.
THEY CAN BE ON ANY TOPIC, AND IT IS RECOMMENDED THAT READING DAILY YOU LOG, AGAIN BY DAY, DATE, AUTHOR, TITLE, AND WHAT YOU LEARNED OF VALUE FROM THE CHAPTERS READ.
WHY DO ALL OF THIS WRITING? Consider this as insurance; similar to purchasing Life, Health, or Auto Insurance: 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 isThe Power of Habit: by Charles Duhigg.
WHY INSURANCE?
WHAT HAPPENS IF 6 MONTHS AFTER YOU HAVE STARTED TAKING FSA CLASSES, YOUR CASE MANAGER TELLS YOU THAT THE BOP RECORDS SHOW THAT 6 MONTHS PRIOR, YOU MISSED 2 CLASS SESSIONS – AND YOU HAVE NO PAPER TRAIL, NO DOCUMENTED PROOF?
YOU’RE KICKED OUT OF THE FSA – OR MADE TO START OVER, ETC ARE REMOVED, AND NO EARLY RELEASE. NOW,THERE’S NOT MUCH YOUCAN DO, BUTWISH YOU HADTHATINSURANCE.
DON’T GET DISCIPLINED, NO INFRACTIONS, NO CELL PHONES, NO IPADS (UNLESS THEY’RE FROM THE COMMISSARY). YOU CAN LOSE ALL GOOD TIME CREDIT, EARNED TIME CREDIT, RDAP CREDIT, AND GET EXTRA PRISON TIME ADDED ON.
If The Feds Are Asking Questions – Now You Need Legal Representation
If this is a White Collar Case, then you need A White Collar Attorney
Who Practices Federal Criminal Defense, In Federal Court, For Cases Similar to yours
Then, please, follow your attorney’s recommendations.
They are relying on you to provide them with 100% accurate information about the complaint and what happened, otherwise, the only one who will suffer will be you.
Their expertise lies in,
In case law
Researching statutes
Assessing evidence
Undermine the prosecutor’s evidence
Producing evidence to support the defense
Not all attorneys have the time to exhaustively research your background – which I’ll address later.
Yes, you may be terrified, but experienced attorneys are used to this.
The nuances of how The Federal Bureau of Prisons Operates are not part of a traditional Criminal Defense.
This includes,
Character Letter Guidance
Presentence Interview Document Guidance
Medical, Mental Healthcare, and Medication availability
Your Narrative or Story, a Simpler way to think about it.
Allocution
Reentry/Release Plan
PATTERN Score
Sparc-13 Assessment Questions
Administrative Remedy [BP8-11, and USC § 2241]
First Step Act
CARES
Second Chance
RDAP
These are all best addressed (and instructed) before the Presentence Interview, then to be implemented by the defendant once inside.
As The DOJ has a 98% Conviction rate, the odds are high that you may have a Plea in the future, but
that conversation is between you and your attorney.
Should there be a Guilty either at Trial or at a Plea Hearing, the next date is at your
Presentence Interview
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 a message, as I return all calls. Marc Blatstein
We are not Attorneys, You Need Legal Representation.
PREPARATION FOR THE PRESENTENCE INTERVIEW
Your Attorney and You working as a team –
I) Your Attorney is connecting with your Probation Officer, while you are making copies of all of the information your attorney requested.
Birth or baptismal certificate, Car registration papers, Department of Welfare records, Divorce decree, Draft registration card, Employment verification (pay stubs), Immigration papers or passport, Income tax reports for the last three years, Letters of CHARACTER recommendation, Marriage certificate, MEDICAL CARE – COMPREHENSIVE AND ACCURATE Treatment Plans, and MEDICATION AVAILABILITY (if presently under a doctor’s care), Military disability information (C-number), Military discharge certificate, mortgage papers, etc.), Naturalization papers, Professional papers (certificates, licenses, or Seaman’s papers permits), Proof of residence (rent receipts, property, and Union, lodge, or club cards, School diplomas, and Social Security Card/number
II) Self-Advocacy, our time is spent with you, as you write your NARRATIVE, followed by your ALLOCUTION, and REENTRY PLAN. Your Personal Narrative alone could take months of re-writes until it is distilled to be your story or autobiography, where you take responsibility for your actions, express remorse and acknowledge your victim’s pain and suffering that you have caused as a result of your crime.
Comprehensive Sentence Mitigation Strategy – Requires Work and Self-Advocacy
The Order of Importance
The Defendant
Attorney • Family
Character Letters • FRP • Your Narrative • Allocution • Reentry Planning • Presentence Interview Preparation
PREPARATION – Begins to reduce some of your fears, while starting to build back your confidence as you take back some control of your life. No matter where you are in the process, the earlier you start the better – but as a Wise man stated, it’s Never Too Early, or Too Late, to Start.
When you hear a rumor that the Feds are asking questions, or if you receive atarget letter, – this is when PREPARATION becomes a familiar word. It’s OK to Panic, but – start.
If family, friends, and lawyers tell you you’re paranoid or to relax – ignore all of them and startinterviewing attorneys.
Then ask for,
Several client references (regarding cases similar to yours), for you to call – as you say: I am sure “you have happy clients, even though we may wind up in the BOP,” next
You’d like to see several sentencing memorandums (humor-me, please), also for cases like yours. If HIPPA comes up, agree, but reply, with ADOBE or a black marker it’s possible to block out all personal info. Here we are looking to see if they all look the same. If they do, NEXT.
Once you find an attorney that you feel comfortable with, discuss finances, and request that ‘we each hold each other accountable’, as/should/when the defense moves forward, this needs to be a “team” effort.
ATTORNEY PREPARATION REMINDER:No attorney can guarantee to you:
That they know the Judge – so don’t worry, or
I promise that you will get “X” days or years – so we don’t need to prepare your narrative (for example), and last
A Great AUSA – prosecutor doesn’t always convert to a great White-Collar Criminal Defense attorney
That’s why we advise asking questions, because they may be Great Defense attorneys, but there is only one way to find out – Ask Questions.
Before You’re Indicted – If You Recognize that, You Are Guilty, and are willing to Admit That to the Court, immediately conference with your attorney.
Your fees with your attorney will be much less and
Your charges with the Prosecutor may also be reduced.
And Possibly – Less Jail Time
Next, you and your lawyer decide:
Trial: if yes, ask the attorney what “%,” or how many cases have they won in federal court, as the feds have a 98% conviction rate. If you are still confident, then soldier on, but,
if you lose, then negotiate – you agree not to appeal, and possibly the sentence won’t be as harsh, or
You’ve chosen to Plea
PREPARATION
Judge Scola noted “criminal defense attorneys should emulate their death penalty colleagues and advised”;
“Don’t waitto think about sentencing advocacy.”
In other words, since 99 percent of one’s federal criminal clients will be facing sentencing, start preparing the case for sentencing early on.”
The Plea Hearing – Guilty
Comprehensive Sentence Mitigation Strategy – Requires Work and Self-Advocacy
The Order of Importance
The Defendant
Attorney • Family
Presentence Interview Preparation • Personal Narrative• FRP • Character Letters • Allocution • Reentry Planning
Your Presentence Interview (PSI), which the Probation Officer, a representative of the court, conducts. They then investigate you and draft an official Presentence Reportfor the court along with providing sentencing recommendations to the judge.
Bottom Bunk: Past medical history of Tinnitus, vertigo, or back, hip, or shoulder 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 undesired 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).
Other records: Educational, military, character, community service, work references, original birth certificates, social security cards, driver’s license, etc., and you get the picture.
RDAP: usage within 12 months of arrest; alcohol, prescription, or over-the-counter (OTC) medications, and illegal drugs. Social usage may not be considered.
PERSONAL NARRATIVE
The Power of Personal Narrative | J. Christian Jensen | From a Ted Talk, Why your narrative is so critical in telling your story. This Ted Talk is a guide on how to build yours, by following the points based on: Your Personal Narrative, below.
YourNarrative will undergo a dozen or so rewrites until it is distilled into its final version, for which you accept responsibility. It’s your story, a Unique and Honest version of the events that resulted in your arrest.
Currently, the DOJ has been controlling your Narrative through their release of your Indictment to the press. Do you agree with all of it? Is it a glowing overview of your recollection of events?
No – this is why it is so important for you to write your own Personal Narrative. As you tell your story, current and future STAKEHOLDERS, family, friends, and colleagues will now have your Narrative to counter the one set by The DOJ.
The Narrative Video – B-Roll Footage, is 4-6 minutes, and the ideal length for a sentencing video (10 min tops).
Your Narrative addresses your STAKEHOLDERS, those responsible for your future, (but who or what are STAKEHOLDERS?)
Your Defense Attorney– they know nothing about your past at this point, Your Narrative must change that.
Probation Officer– they are responsible for writing your Presentence Report and recommending your sentence to the Judge. All they know is the story that the DOJ has released to the press as their Narrative of you through Your INDICTMENT, and what the prosecutor has told them. Is That An Important Enough Reason?
The Prosecutor– their job has one job, to get the judge to convict.
Your Judge – has to take all this in – in Only One Meeting With You. But they have years of experience in meeting defendants just like you who are looking for leniency.
Those years of experience allow them to know the truth when they hear it, as well as BS…
Your Narrative (if it made it into your Presentence Report, with your Reentry Plan) opened their curiosity just enough to speak with you, and your Allocution may cause the judge to change a previously considered sentence.
Your BOP Case Manager and Unit Team – will determine how smooth a transition you will have, getting into FSA Programming, and out of the BOP and into RRC or Halfway Houses, Home Confinement, and 2nd Chance Act.
FOR EACH STAKEHOLDER, TRY AND VIEW YOURSELF THROUGH THEIR EYES:
WHAT DO AND DON’T THEY KNOW ABOUT YOU?
DO THEY KNOW WHY YOU COMMITTED YOUR CRIME?
WHAT DO THEY KNOW ABOUT YOUR MOTIVATION OR INVOLVEMENT IN YOUR CRIME?
CAN YOU CHANGE THEIR PRECONCEIVED BIASES, ABOUT WHAT YOU DID?
(As you read the views of these Judges, you will see that our thoughts that You, through Your Narrative and Allocution will have a greater effect than your Attorney could ever have, on Any and All Judges,)
It is the first opportunity for lawyers to make a positive impression on him.
“I am very impressed with lawyers who show legal advocacy in their presentence memorandum on disputed guideline issues.
I appreciate lawyers who give me everything I need well in advance of the hearing.”
One of his pet peeves is lawyers who do not submit a memorandum or submit them on the eve of sentencing, as well as lawyers who file poorly prepared ones.
Judge Scola gets annoyed with
lawyers who don’t prep their client or
their character witnesses prior to the hearing, and
with lawyers who fail to interrupt their clients who, during allocution, start digging a hole for themselves.
agrees with most other judges that failure to submit a sentencing memorandum is a missed opportunity.
“It may be the only time for legal advocacy.
Tell me why your client did what he did.
Show me that he is not necessarily who he was at the time of the offense.
What steps have been taken to rehabilitate him or herself?
Show me that he is not going to do it again.”
For example, people who have successfully battled substance abuse addiction, show Judge Mehta their genuine strength of character and that they are less likely to re-offend.
ALL:
see value in live testimony, including bringing the mental health experts
invite data and statistics on sentences imposed in similar cases
Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia in Washington emphasized that unwarranted sentencing disparity is specifically listed as a sentencing factor in 18 U.S.C. §3553(a)(6): “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.”
Comprehensive Sentence Mitigation Strategy – Requires Work That “You” Choose To Do – Advocating For Yourself
The Order of Importance
The Defendant – JUDGES WANT TO HEARFROM YOU
Attorney • Family
Allocution • Character Letters • Reentry Planning • Personal Narrative • Surrender Preparation • Financial Responsibility Program (FRP)
It’s important that you write and explain your own story or narrative and allocution. Include:
Reentry Plan starts now and is an evolving journal/document that you will constantly ad to:
A brief overview of each FSA (EBRR and PA) program that I took, what I learned, and how I could apply what I learned after release.
A Brief book report on each book that I have read, why I chose the author, what I learned, and how I could use that knowledge after release.
A Link to my website blog that has been kept up to date.
Copies of Character reference Letters
Copies of my Social Security card, Health Ins, Driver’s License,
Allocution is the first time the Judge and you will meet – make it a sincere 1st impression.
For some Judges like Mark Bennett, a discussion might be more useful, but his basic principles of allocution include:
A sincere demeanor
A discussion of what “taking full responsibility” actually means to the defendant;
An acknowledgment that there are victims, (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);
A more impressive allocution details how the defendant’s criminal conduct actually affected the victims.
An expression of genuine remorse;
A plan to use prison or probation time in a productive manner;
A discussion of why the defendant wants to change his or her criminal behavior; and, perhaps most importantly, information that helps humanize the defendant and the defendant’s role in the crime.
Tell their story, but don’t minimize the seriousness of what your client did.
Judges will sometimes ask a defendant what he/she will do upon release to reduce their need to re-offend.
Show his/her strengths and weaknesses.
If you can show that you are on the same page with the court as to the seriousness of the offense, the chances of having your other statements accepted will increase.
Judges would rather hear from your client during their sentencing hearing unless you have new information not contained in your sentencing memorandum and/or other submissions.”
Reentry Plan
I have touched on your Release-Reentry Plan previously, now
It is important to read and understand the SPARC 13 Assessment Questions and weave your answers into Your Reentry Plan, which is going to be read by your Judge and Case Manager.
Your answers will demonstrate that you want to make positive changes in your life and that you came prepared as you have read the FSA Risk Needs Assessment.
Be Aware of What Judges Find Most Challenging:
White-Collar Criminals that have hurt vulnerable people,
Predatory Child Sex Offenders who have harmed children.
THE PLACEMENT REQUEST
JUST BEFORE SENTENCING, or
WITH THE SENTENCING MEMORANDUM, or
IF THE TIMING WAS RIGHT – AT YOUR PRESENTENCE INTERVIEW
I have provided you and your legal team with a personalized, court-ready BOP Placement Packet that supports your reasons for the request, with the appropriate documentation; Medical Care, First Step Act Programming, or other pertinent issues. (Example – Alderson)
You now have completed your Sentencing Hearing.
Your Narrative and Allocution have taken 50 – 150 hours to prepare, and we’ve all understood that Nothing Is Guaranteed. Whether or not the Judge took your efforts of introspection into account, good has come from this.
First, just completing this has been a cathartic experience that has begun to give you back some control of your life. As your Narrative is in your Presentence Report (if not, there are other ways to include it in your Reentry Planning while you are in the BOP).
Its next impact will be with your FRP included in your Reentry Plan, as your Case Manager and Unit Team begin to interact with you. Having this, it is more likely that you will be in the top 1% of all the inmates as you proceed toward release.
Your Reentry Plan is an evolving document, that grows over time and will influence your STAKEHOLDERS. You will start writing it before your Presentence Interview (and yes there’s a lot going on) – consider this the final chapter of Your Narrative, and, it will continue to grow over time, through your efforts. Your Case Manage and Unit Team (significant STAKEHOLDERS)
1st)Starts with copies of your Social Security Card, Driver’s License (expired?), and Birth Certificate, along with identifying where the originals are located. 2nd)Being Honest with how you discuss your personal issues over the phone, and fill out BOP forms as they are government legal documents. 3rd)Keep up to date on your daily journal documentation for your records as this will create a smoother transition on your journey. This includes a description in writing regarding your FSA Programs with commentary on the teachers, book summaries of what you have read and learned, and summaries of all conversations that you have with BOP staff, by Name, Date, Time, and Topic. 4th) List your Support Structure after release. 5th)Employment Opportunities? 6th)Only provide ‘Updates’ to your case managers at each meeting.
Surrender Preparation – Reentry/Release Planning
Make a list of books you’d like to read – START SENDING (2 at a time) TWO DAYS BEFORE YOU ARRIVE,
With the amount of COVID and Influenza, should you test positive, you may be in quarantine (Isolation) for several weeks. You will be bored so you might as well read 24/7/365.
They are rated 1-3, with 3 being the highest. Then follow the link to the Individual Facility, where there is a list of all the prisons. There you will see the restrictions that the prison you a designated to, is under.
Pre-Set a schedule for friends and family members to send you the books two at a time, so that it is spread out among them all, making it simpler and less expensive for all.
Developing this new habit takes time and effort, but eventually will become routine.
Getting too many books at once could wind up getting the books refused.
Softback from – Amazon
The Gift, Edith Eva Eger
Steve Jobs by Walter Isaacson
Nelson Mandela’s Autobiography
Undaunted Courage Stephen E. Ambrose
Think and Grow Rich, by Napoleon Hill
The Power of Habit: by Charles Duhigg
The 48 Laws of Power, by Robert Greene
Rich Dad, Poor Dad, by Robert T. Kiyosaki
Undaunted Courage Stephen E. Ambrose
The Three Laws of Performance, By Steve Zaffron
Martin Luther King’s “Letter from Birmingham Jail”
How to Stop Worrying and Start Living, by Dale Carnegie
The Power of Your Subconscious Mind, by Joseph Murphy
The 7 Habits of Highly Effective People: STEPHEN R COVEY
How to Win Friends and Influence People, by Dale Carnegie
The Richest Man in Babylon, Part of Good Karma Presentations
I Know Why the Caged Bird Sings (Maya Angelou’s Autobiography)
Leaders Eat Last: Why Some Teams Pull Together and Others Don’t
Can’t Hurt Me: Master Your Mind and Defy the Odds, by David Goggins
Genghis Khan and the Making of the Modern World, Jack Weatherford
Anne Frank, The Diary of a Young Girl, B.M. Mooyaart, Eleanor Roosevelt
Defining Moments in Black History Reading Between the Lies, Dick Gregory
Dare to Lead: Brave Work. Tough Conversations. Whole Hearts., by Brené Brown
The Last Lion: Winston Spencer Churchill: Alone, 1932-40, by William Manchester
Good Vibes, Good Life: How Self-Love Is the Key to Unlocking Your Greatness, by Vex King
Zen and the Art of Motorcycle Maintenance: An Inquiry Into Values, by Robert M. Pirsig
Extreme Ownership: How U.S. Navy SEALs Lead and Win, by Jocko Willink, Leif Babin, et al.
Atomic Habits: An Easy & Proven Way to Build Good Habits & Break Bad Ones, by James Clear
Make Your Bed: Little Things That Can Change Your Life…and Maybe the World, by William H. McRaven
The Body Keeps the Score: Brain, Mind, and Body in the Healing of Trauma, by Bessel van der Kolk M.D.
The Splendid and the Vile: A Saga of Churchill, Family, and Defiance During the Blitz, by Erik
Larson, John Lee, et al.
The Ride of a Lifetime: Lessons Learned from 15 Years as CEO of the Walt Disney Company, by Robert Iger, Jim Frangione, et al.
Start with Why: How Great Leaders Inspire Everyone to Take Action, Part of: Start with Why Series (3 books) | by Simon Sinek
The Four Agreements: A Practical Guide to Personal Freedom (A Toltec Wisdom Book), Part of A Toltec Wisdom Book (6 books) | by Don Miguel Ruiz
Working: People Talk about What They Do All Day and How They Feel About What They Do, by Studs Terkel Sapiens: A Brief History of Humankind Paperback, by Yuval Harari
Or by Subject, Below…
BUSINESS (Includes a short overview, of each book).
… these are great places for You to start – Find What Interests You and Continue building your Future.
Blank journals, diaries, address books, and daily planners,are not authorized for receipt.
So, order from Amazon: soft-backed lined journals that have inspirations (or religious writing or anything on each page), so the BOP will let them through.
In The BOP
When you have your 1st meeting with your Case Manager or Unit Team in the BOP, and if time allows
1)request to take the Assessment Survey (Sparc-13) for the FSA as you learned that it could help you, and,
2) if you have restitution, and the judge did not order the BOP to “Not” make you pay, offer to make reasonable quarterly payments. It will make you look good!
If you refuse to bay, you may not get full Good Time Credit, as well as Programming possible restriction from early release.
Once you have taken the survey, your case manager will begin to recommend programs for you – take them all and say thank you. It does not matter what they are, if you take 1 year’s worth of FSA Credits, it could equal 6 months off your sentence.
Meanwhile:
Document your Book Reports and FSA Risk Assessment Programming (SPARC-13) daily, and how they’ve helped you – and that your teacher was great that day.
Documenting short paragraphs about the books you’ve read, and how they’ve shaped your outlook, why you picked the author, how you will use what you have learned after release
Your reentry plan will start to grow over time
Possibly someone offered you a job, make 2 copies (for you and your case manager)
Case managers are looking for incremental improvements
Includes your character letters, copies of your social security card, driver’s license, and health ins. (if current), all into your journaling.
The Purpose of All OF This Is to Come Home Prepared to Start the Next Phase of Your Life
So, Continue With Preparation and Planning
Financial Responsibility Plan (FRP). If you have any fine or restitution, congress and the BOP want participation, otherwise, this could hinder your participation in FSA Programs and early release efforts.
It may help if you could ask the judge to write into the order, that the defendant is not responsible for the Financial Responsibility Plan until after they are released from the BOP
Even if the Judge does order that payments can be delayed, thus bypassing the FRP, we still recommend offering at least minimal payments be made per quarter and DEFINITELY DO NO KEEP MULTI THOUSANDS OF DOLLARS IN YOUR COMMISSARY ACCOUNT.
What I am hearing now is (12/2022), that some judges are including FRP quarterly payments in their orders.
1/10/2023 The new rule published in the federal register Tuesdaywould automatically attach 75% of all sums of money confiscated under the FRP, and direct it toward the victim’s restitution. The program would be voluntary, but prisoners would have to participate in order to get credit under the First Step Act for early release from prison or into a community facility.
IF YOU HAVE PAID ALL OF YOUR FINES, RESTITUTION, AND ANY OTHER COURT-ORDERED OBLIGATIONS, REQUEST FROM THE COURT AN ORDER: THAT ALL OF YOUR FINANCIAL OBLIGATIONS HAVE BEEN MET – AND YOU OWE $00.00.
Otherwise, once in The BOP, your Case Manager may not have that information and feel obligated to still take those funds from your account. Remember they are just staff doing their jobs – putting the square object into the square whole.
Leading up to the day of sentencing, you have gone through AN Investigation, criminal charge(s), either a trial or guilty plea, your presentence interview, and the sentencing process.
This could all could have lasted months to years before you finally appear at your sentencing hearing. If a significant amount of time has elapsed, the judge will likely want to speak with you, and during your Allocution will want to know what you have done with your time. Hopefully, no matter your previous life, you have been volunteering, delivering pizza, or doing some kind of work, especially if you have restitution.
Document the Journey [IN A NOTEBOOK PAPERBACK JOURNAL] – how will you create steps for early release with the First Step Act (FSA), judges now have an opportunity to consider compassionate release.
Document the journal, email it home as a memoir, and it could help you towards early release.
This also shows the incremental progress you have made, which may persuade a judge why you’re worthy of compassionate release.
It will show how you worked to reconcile with society,
Your story may also motivate others to want to reach their highest potential.
It will improve your reputation in the eyes of your Stakeholders.
It will help ease your transition back into society.
Primary Point of Contact and Power of Attorney – spouse, a parent, a best friend, or a lawyer in case things don’t go right, the attorney should have confirmed that the court’s intake orders have arrived before you do.
Develop a Personal Communication Plan – everything has “specific procedures”.
Send and receive letters through the regular postal service,
Plan Your Release, Write and Implement Your Release Plan
How can I use what I’ve learned inside, and use it to bring value to others outside?
How can I prepare myself for a world so different than what I remembered?
Where would I get resources to start my life?
How much money would I need to settle in society after I got out?
What complications would a probation officer put on me when I got out?
Financial Planning
Banks and brokerage houses have been known to “close accounts”, making families move them for fraud-related crimes, within 30 days more or less to do so.
Opening accounts at a variety of banks (big and small) as well as having options where to place your investments before your leave for prison will save all a lot of family and financial pain later on.
Definitely, provide Power of Attorney to someone you trust.
Commissary. In prison, you can spend 300 – 800/ month, I spent ~ $325/ month.
If you have a court-ordered financial penalty, you will need to participate in the BOPs Financial Responsibility Plan, allocating funds for that.
Prescriptions for medications (3-4 weeks recommended, at worst they are thrown out, at best they are available for your use, kept at the BOP Pharmacy). When surrendering on weekends or holidays the BOP may allow these to be used if not available from their onsite pharmacy.
Prescriptions for medical devices, and glasses (that are not made with metal).
ID: Copies of birth certificate, passport, driver’s license, and social security card.
Cash;$320 ($370 in November and December), then use either Money Gram or Western Union (both have service fees) for monthly deposits. Some of what you will need to buy on day 1; are sneakers, underwater, and personal care items – see sample commissary list.
IN AN ENVELOPE, LABELED: LEGAL PAPERS, are your Legal papers, then typed on the back of one of them your List of personal names (including phone numbers, email, and addresses).
If you have an extensive medical history, these papers are in a separate envelope titled: LEGAL PAPERS
Your clothes will be mailed back to your legal residence.
You may be going in during the COVID/Flu season if you’re vaccinated – bring your verification card, but expect to be in quarantine for several days – weeks (and very bored ), so, have your book list scheduled to start being mailed to you from Amazon (2 paperback books at a time, starting 3-5 days before you get there), then continuing until you are tentatively scheduled to leave.
PLEASE REMEMBER, WHILE THIS IS TEMPORARY – IT IS ALSO GOVERNMENT, AND AS WE HAVE ALL READ IN THE PRESS, THERE IS NO SHORTAGE OF PROBLEMS IN THE BOP, AND GOVERNMENT
THIS IS WHY I REPEAT, THAT I TOO HAD TO GET USED TO NOT BEING IN CONTROL – THAT WAS ROUGH
JUST REMEMBER THIS IS TEMPORARY, SO NO TROUBLE = NO INFRACTIONS.
WE ALL WANT ‘1’ THING
TO GET YOU HOME
MECHANISMS FOR EARLY RELEASE
I) DAY ONE: YOU’RE ELIGIBLE FOR 15% Good Time, just don’t get any infractions.
II) RDAP – Up To 1 Year Reduction:AT YOUR PRESENTENCE INTERVIEW, IF YOU HAVE A SUBSTANCE ABUSE ISSUE WITHIN THE 12 MONTHS PRIOR TO YOUR ARREST – DOCUMENTED, YOU QUALIFY It can Be alcohol, OTC meds, drugs, legal or illegal. Social use of these substances is not considered abuse.
24-30 mo. Sentence = 6 months off
31-36 mo. Sentence = 9 months off
36+ mo. = 12 months off
III) 2nd Chance Act Extends Halfway House Time
If your sentence is > 60 mo. (5 yrs.) = last 6 mo. on home confinement
If your sentence is < 60 mo. (5 yrs.) = last 10% on home confinement
“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).
BOP staff must 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).
Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.
The qualifying age of 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) FSA: 1 year of programming ~ 6 months off
2 years = 12 months off, Max., more can be applied to time in a Halfway House
Your Attorneys 9 Steps – Before Your Presentence Interview (PSI):
Your legal team introduces themselves to your Probation Officer(PO).
Their 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)).
First contact with Probation, give them Your opinion on the Sentencing Guidelines.
Find out the likes and dislikes of your judge, (ask the local Federal Defender).
If there is a mental health defense, have the treating physician at the hearing, not just the “doctor for hire.”
Ask the prosecutor for a referral if you are looking for a medical expert witness. That’s right.
Too many Character letters, just use them as attachments in the Sentencing Memorandum.
In the Memorandum, highlight a single case, attach the others, and that is what is handed in.
This gives the legal team a timeline to work with: 1. A date that the forms must be completed, 2. A list of the documents that the PO requested, 3. The date for the Presentence Interview (PSI), with 4. The PO’s final “PSR dictation date,” provides the time for your legal team to define their defense strategy,
…to consider, what was their client’s behavior, and role in the offense,
…are there any grounds for relief from the Guidelines?
…to start framing reasons as to “why,” this prison placement request is being made (e.g., medical, programming, etc.).
5. The attorney could build an introductory relationship to understand what the officer already knows, – which hopefully is not a lot!
This offers the opportunity to explain your position, as the PO was not at trial, and therefore has not yet formed an opinion.
Also, they likely have not yet spoken with the prosecutor, therefore they still may have an open mind.
If not, and 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 can clearly make their case and position with a personal meeting.
Meanwhile, you have begun writing your personalnarrative which will undergo a dozen or so rewrites until it is distilled into its final version which you accept responsibility. It’s your story, a Unique and Honest version of the events that resulted in your arrest.
The goal is for your Personal Narrative to be included in your PresentenceReport. Then be ready should the Judge wish to speak with you at the Sentencing Hearing, and answer his/her questions, from the heart – honestly – Your Allocution
6. A little extra effort goes a long way when working with the probation officer.
Consider presenting your entire view of the case, clearly in a letter to the PO, as soon as possible.
If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.
As Probation Officers are very busy, doing their best, and never have enough time, they may appreciate your efforts in easing that portion of their workload,
Remember, that a little bit of effort, is appreciated.
7. 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, but again, before the dictation date.
8. At the same time, provide the court with sentences that other judges have imposed in cases like yours, highlighting the relevant case law that supports your sentencing position, making it simpler for the judge to find clearly.
Over-crowding and staff shortages, if applicable, could affect your client’s access to their Programming Needs or other BOP Services that may be required.
Another avenue: 18 U.S.C. §3553(a)(2)(D)requires a sentencing court to consider the care needed for a client’s medical condition, which may support the cost-related (home confinement) argument.
This is most apparent in cases of inmates/patients, properly diagnosed as being Long-Haulers or having Post-COVID,
Due to this, no prison, or jail mission is prepared to provide this type of 24/7/365 care.
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).
9, The sentencing memorandum,
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.
Practice role-playing the Memorandum and Allocution with your attorney – is very helpful.
Is your client a Veteran?
If possible, connect your client with a facility that caters to veterans.
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 consultation without any obligations on your part, Dr. Blatstein is easy to reach and returns all of his calls – personally: 240.888.7778, or by email.
We are not Attorneys, you need legal representation.
The responsibility for a client’s mental and physical health should be safeguarded in order to protect them from themselves and others while providing a safe environment for the duration of their incarceration. These are recommendations only, and the responsibility of the defense, court, and BOP.
As of January 10, 2023, all people in federal prison will receive the updated computation dates for their (approximated) Earned Time Credits. This process should then update their computation dates every month to reflect the status of Earned Time Credits.
BOP Policy Statement 5410.01 CN-2 (3/10/2023):Page 12: Staff will recommend and document EBRR programs and/or PAs for inmates (inferring that specific referrals by staff are necessary for the credit (ETC) to be given).
BOP Policy Statement 5400.01 (6/25/2021):Page 4: RECOMMENDING PROGRAMS, Once needs are assessed, Unit Management is responsible for notifying each inmate of his or her targeted needs during routine program reviews at team meetings, inferring that specific referrals by staff are necessary for the credit (ETC) to be given.
*As soon as you can after entering prison, the first thing you do after finding the Computors is to TAKE YOUR ASSESSMENT SURVEY.Without thatAssessment Survey, you can take the classes, but likely will not earn the – Earned Time Credits.
If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | or After Sentencing or You’re Already Incarcerated – There Are Still Things – At All Levels, 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 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.
You can earn up to 365 Days off your sentence in Earned Time Credits (ETC), with additional credits applied to time in either Halfway House or Home Confinement.
The Caveat: Don’t Get In Trouble No Infractions
Have a Great Release Plan, started Before your Presentence Interview (if possible)
As soon as you arrive, locate the computers – take Your FSA Risk Assessment Survey before your meeting with your Case Manager and before you write any emails.
Allows more time in a halfway house or home confinement at the end of a sentence.
Eligible inmates can earn 10 to 15 days of EARNED TIME credits
for every 30 days of successful participation in EBRR and PA Activities. Jan 13, 2022 [BOP.gov]
You may also receive five (5) additional days of time credit
for every 30 days of successful participation inEBRR/PA Programs if,
You have not increased the risk of recidivism over their last two assessments.
Can apply your earned credits to pre-release custody or supervised release if you have the warden’s approval and you,
do not pose a danger to society.
have made a good faith effort, and a 30% lower risk of recidivism.
are unlikely to recidivate.
A Person is eligible for transfer to supervised release if,
You’ve met the standards above,
Supervised release is already part of their sentence as ordered by the court,
Are within 12 months of the end of their sentence, and either
do not pose a danger to society.
have made a good-faith effort to lower their risk of recidivism, and
are unlikely to recidivate.
II) Alternative Benefits: Medium and High-Risk Inmates
Incentives for completing EBRRand PAPrograms
They have to petition to redeem the Earn Time Credits (ETC) they earn,
Per the approval of the Warden
The determination that they are not likely to re-offend, or
They’re Not a Public Safety Threat.
Alternative Incentives
Up to 510 phone minutes per month (which prisoners must pay for) or,
If available, video conferencing privileges, for up to 30 minutes per day.
Or the warden may
Add additional time for visits.
Add additional time using the BOP’s email system (which prisoners must pay for).
Transfer to a prison closer to the person’s home, if the warden approves.
Increased commissary spending limits and product offerings; (which prisoners must pay for).
Consideration for transfer to preferred housing units.
Those at Medium and/or High-Risk Levels should be able to move to a:
Low or Minimum risk by reducing their “Dynamic” Factors.
“Static” factors are fixed,
Age at first conviction
If the Current offense was violent
If it was a Sex offense conviction
Criminal history score
History of violence
History of escapes
Was Voluntary surrender an option?
“Dynamic” factors can change over the course of a person’s incarceration.
Age at the time of assessment? (the older we get, the less we argue, from the author…)
Infraction convictions (any)
Infraction convictions (serious and violent)
Number of programs completed (how many)
Number of technical or vocational courses completed (how many)
Drug treatment while incarcerated – if needed?
Drug education while incarcerated – if needed?
First Step Act Reforms
Who Is Disqualified from Participating? State borders Military prisoners Violent convictions Inmates pending deportation Convictions in DC Superior Court For Table: Violent Offense Codes for PATTERN Risk Assessment(BOP) For a more detailed list of Disqualifying Offenses (BOP), Serving a sentence for a conviction previously under the First Step Act may disqualify inmates from earning credit.
The Definition of “A Day”
A calendar day is a day on which the person is participating in whatever assigned programming takes place, on that date.
Is completion of an EBRR or PA program, required – no.
A defendant who previously would have been sentenced to 20 years might now face 15 years.
The new law also gives judges greater discretion to ignore the Mandatory Minimum
Expanding the Safety Valve (Page 3, 2019)
The FSA also expands the safety valve provision, which allows courts to sentence low-level, nonviolent drug offenders with minor criminal histories to less than the required mandatory minimum for an offense.
Pre-release placement refers to:
Home confinement and/or,
Halfway house (also known as Residential Reentry Center (RRC)
The Second Look Act
For those who committed a crime before the age of 25, and
Who has served a minimum of 15 years in prison,
They can apply to the DC Superior Court to have their sentence reviewed.
For those who participated in The FSA 12/21/2018 – 1/14/2020.
Those credits are being awarded, retroactively.
Retroactive Application of the Fair Sentencing Act of 2010, Section 404 (Page 4, 2019)
Inmates who are found guilty of misconduct may not earn incentives for the time periods listed below.
The below time periods will begin the day after the Unit Disciplinary Committee or the Disciplinary Hearing Officer has found that the inmate has committed the prohibited act(s).
120 days for a 100 Series incident report.
90 days for a 200 Series incident report.
60 days for a 300 Series incident report.
30 days for a 400 Series incident report.
For additional information, contact the Reentry Services Division (RSD) by sending an email: BOP-RSD-NRB-FSA@BOP.GOV
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 me your name, number, and a brief message, as I personally make every effort to return all of my calls – that same day. Marc
My cell is best so we can promptly connect to discuss your current issue, or that of a loved one – without any financial obligation: 240.888.7778. If I cannot pick up – please leave a message, as I return all calls.
I want to earn your trust, and for you to feel that I have delivered a service that exceeded your expectations. Listen to my commentary on an article I co-published in The Federal Lawyer, regarding The Critical Role of The Presentence Report (Blatstein et al., 2021).
YOU CAN NOT CHANGE THE PAST ⇒BUT YOU ‘CAN CHOOSE’ TO CHANGE YOUR FUTURE.
MESSAGE,
Were You Happy With The DOJs NARRATIVE of You – Through Their INDICTMENT? Yes □, …No □ !
Then Change That Today – And Write An Honest NARRATIVE, Your STORY Explaining What Brought You To This Point In Your Life and Into A Federal Courtroom. Show You’ve Taken Responsibility, Have Remorse and agree with the Court regarding the Pain That You Have Caused The Victims Impacted By Your Criminal Actions.
Did Your Attorney Share With You That – Judges Want To ‘Hear and Read’ A Defendants NARRATIVE and RELEASE PLAN? Yes □, …No □?
If No, – Write Yours.
240.888.7778
Your Attorney has taken you this far – The Rest Is Up to You. Your Presentence Interview, followed by Your Sentencing Hearing Is Coming and, Will Change Your Life.
1. Attorneys know the law, but the nuances of navigating through Federal Prison aren’t part of a traditional legal defense.
2. This requires a unique set of knowledge and skillsthat directly impacts,
Those facing time in prison,
This starts with the defense team encouraging the development of theNARRATIVE, RELEASE PLAN, and ALLOCUTION, to be shared with the Probation Officer before the Interview, and included in the Presentence Report.
This provides the Officer with the quality time needed to personally meet you and ask questions, as most of their report has already been filled out due to your hard work before the meeting.
3. The defendant must also understand how to navigate prison,what negatively impacts their GOOD TIME CREDITS, EARNED TIME CREDITS, and RDAP (if applicable), and how to Advocate for themselves using The Administrative Remedy Process.
4. Remember, you are in prison, BOP Staff Listen to All Calls and Read All Emails so that you may be disciplined for the slightest thing.
5. Nothing is Guaranteed – Other Than Disappointment, and that goes for prison staff personalities too. Just like people on the outside, there will be those who are “fair”, and the other kind. With that said, we can only control how “we” react to this, just an FYI.
ARE YOU PREPARED FOR YOUR PRESENTENCE INTERVIEW AND SENTENCING HEARING?
Your NARRATIVE, ALLOCUTION and REENTRY Planis what “Judges want to hear, and this takes time and introspection to think, and write. This come from interviews with Federal Judges, Retired BOP Wardens and an Administrator of the BOP Residential Reentry Management Branch.
The first Expert You Need is a Federal Criminal Defense Attorney who practices in Federal Court. Next, they should be experienced in working cases similar to yours, and most importantly, you should feel comfortable with them accepting advice from you, as you hold each other accountable.
Personal Narrative.Your only opportunity to speak directly to the Judge and share your personal history, accept responsibility, have remorse, agree with the court, and feel for the pain that you have caused the victim, Then explain why you will not revisit this courtroom. This can be in written, video, or both formats.
Allocution. This is the Judges 1st and only time to meet and speak with you – he does not want to see you back in this courtroom on a criminal matter, again.
Release/Reentry PlanningThis is all of the work you have been doing reading Non-Fiction Books, taking your FSA classes, and writing, daily your Takeaways. Here you can be ‘introspective’ as to what brought you to this point, with hindsight you’ve realized how bad your actions were, and why you’ll never be back.
Preparation for Early ReleaseThis starts with early preparation for your Presentence Interview, thoughtfully writing your NARRATIVE, ALLOCUTION, and RELEASE PLAN. Then continuing to build your Release Plan while inside.
Financial Responsibility Program (FRP).Should you have a court-ordered financial penalty, if you refuse to participate in the ‘FRP’ Program, you could lose all ETC and Early Release Options.
CharacterReference letters. Should you have a financial penalty per a court, to benefit from ETC for early release, you Cannot Refuse to Volunteer and make payments.
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 – At All Levels, We Can Do
For a No Obligation Free Consult Call 240.888.7778, or by email (above). I answer and personally return all of my calls. Dr. MJB, Marc
