STEP 1

UNITED STATES DISTRICT COURT
DONE BY PROBATION OFFICERS, THE PROCESS

Preparation.

How well you are prepared for your Presentence Interview will affect your sentence and eligibility for specific BOP FIRST STEP ACT Programs. Biographical Background and Personal Identifying Information

1. Mental/Emotional Health and Physical Health
2. Substance Abuse
3. Education, Vocational and Other Skills and Military Career
4. Employment
5. Acceptance of Responsibility
6. Criminal History

For each client, we create an individual client profile or history.

If you become aware that you are the target of an FBI inquiry, it is of utmost importance to engage the services of a legal professional. Begin by evaluating potential lawyers and posing pertinent inquiries until you feel at ease. It is crucial that your legal representatives pay attention to any thoughts you may have. Moreover, being forthright with them about the occurrences that took place is vital. Even though I thought I was truthful, in hindsight, I realized that I was still in denial and not the optimal client.

You want to prepare your NARRATIVE and RELEASE Plan and get letters attesting to your Character. Your attorneys’ support goes a long way in building this team effort as you prepare for your Presentence Interview.

STEP
2

When dealing with court cases, the federal government boasts a remarkable conviction rate of 98%. Nonetheless, if you and your legal representative are convinced that going to trial is worth it and you have faith in the strength of your case (remember that merely feeling correct might not suffice), then you may want to pursue this option. If you end up losing, the prosecutor may ask for a harsher sentence, but you can still take measures to mitigate your sentence through your NARRATIVE and possibly the severity of your punishment.

STEP 3

Your Time in Prison Is NOT FOREVER; you will be going home.

• It doesn’t matter how long the sentence is because there is the ability for you to shorten your sentence through your efforts and work; just don’t get disciplined.

Using these examples, if applicable, with proper documentation should be submitted to the Probation Officer before the Presentence Interview, preferably to be included in the Presentence Report.

RDAP (Up to 1 Year off Sentence)

• Eligibility should be included in your presentence interview if you are eligible.

Good Time Credit (GTC): 54 Days Per Year Off Sentence 

• What is this? How do you get it? How do you lose it?

First Step Act (FSA), For some, after 2 years of Programs, provides 1 Year Off Sentence.

• Earned Time Credits (ETC) What is this? Is this guaranteed?

Second Chance Act: May provide more time in RRC or Home Confinement.

• How does this work, and again, what is this?

MEDICAL CARE

• 9/23/2023: 1 IN 4 INMATE DEATHS HAPPEN IN THE SAME PRISON. WHY? Facing custody, I have been stressing for years – and agree with NACDL in being proactive regarding obtaining a comprehensive medical history long before the Presentence Interview –and they set foot in prison.
  • When it comes to providing medical care to individuals with unique medical conditions while in the Bureau of Prisons (BOP), it is crucial to have a comprehensive medical history that includes all medical records. This includes reports of surgeries (including pathology reports), diagnostic X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports on CD or Flash Drives). All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.
  • To ensure that the patient/inmate receives the appropriate care, it is essential to gather all relevant information, documentation, and contact information for physicians, including their name, phone number, email, and address. It is advisable to prepare thoroughly for The Presentence Interview, especially if there are any concerns about medical care from the patient, their attorney, or treating physician. Doing so makes it possible to plan strategically and ensure that the patient receives the necessary care during their time in the BOP.
  • One cannot just say that deaths happen in hospitals; as this article points out in detail, a plethora of HEALTHCARE WAS ACTIVELY DENIED LONG BEFORE THEY ARRIVED in a Federal Medical center (FMC) and then, at times, not aggressively pursued where they could have taken advantage of specialty hospitals in their local community.
• Fatigue after COVID, as a POST-COVID LONG-HAULER. Although CARES is finished, for those with a confirmed diagnosis, their symptoms will keep them from participating in Programming plus some Activities of Daily Living (ADL), putting them in the position of potentially getting multiple Infractions due to the on-again, off-again of their symptomatic rollercoaster.
  • I cannot say why the BOP does not appear to have options in place for this eventuality, but I can say that the medical and scientific community on the “outside” is still mostly treating symptoms, prescribing rest (and research). 
  • Here is an opening for counsel. 1) Fatigue After COVID-19 Infection – Chronic fatigue syndrome (CFS), 2) UC Davis Health – Chronic Fatigue, 3) The AMA, Akiko Iwasaki, Ph.D., PODCAST, Sterling professor of immunobiology, Yale University, long COVID pandemic is still here. Doctors and researchers are still learning about the disease and the development of treatments. All of this inhibits ADL and PADL.

STEP 4

The Probation Officer, who represents the court, will conduct your interview and draft the Official Presentence Report.

You have provided all of your background and personal information, answered the questions that all judges want to hear and learn about you through your written NARRATIVE and Release Plan, and provided everything in an organized format to your Probation Officer 1-2 weeks before your interview (The PSI).

Now, at your interview, you and the officer have the time to have a casual conversation (with your attorney present), answering any questions they may have.

In the end, your P.O. may come away from your meeting feeling that you are quite different than the person described in your Indictment as you came to the interview prepared, more than any other defendant they have interviewed recently. This, in turn, could result in a favorable recommendation to the Judge and a favorable Presentence Report.

But keep in mind at all times, there are No Guarantees as people are just people, and there are those who have good days and others who don’t. With that thought in mind, doing this work will ultimately benefit you in the long run.

STEP
5

The Day of Sentencing and Your Allocution

The Allocution is the first time you and the Judge will meet – a critical moment for you. This allows the Judge to converse with you, most likely because of your Narrative. Make this a sincere 1st impression.

Judges would rather hear from you during the sentencing hearing unless your attorney has new information not contained in your sentencing memorandum and other submissions.” By Now, You’ve taken your 1^st step towards Shortening Your Time In Prison.

MAKING THE PLACEMENT REQUEST. 

1. Supports your reasons regarding “Why” the request is being made,
2. Provides examples from the BOPs’ own Guidelines and Programs Statements.
3. It is done with a personalized court-ready BOP placement packet, PPRS Prison Match™ (This Is Our BOP Packet For Presentation To The Court That Includes The Programs In Your Placement Request, Example –Alderson).

Security Level Requirements

Medical and Mental Healthcare Needs

Psychology Programs – Limited Availability

FSA Programming, and Criminogenic Needs, Risk Assessment

Other factors used in our calculations:

Pattern Risk Score: MALE, FEMALE

CARE LEVEL I-IV

Public Safety Factors

Management Variable

Accepting Responsibility

Mental Health Questioner

Expressing Remorse For Your Actions

Remorse For The Pain You Have Caused To Your Victims

Do You Know Where You Fall In The USSC Sentencing Guidelines – Table,
* Tax Fraud
* Financial Crimes
* Drug Crimes, with (?) Sentence Enhancements