What is The Presentence Report?

The PRESENTENCE REPORT (PSR), IS YOUR “REFERRAL” THAT CONTROLS ALL ASPECTS OF YOUR LIFE AND IMMEDIATE FUTURE – REDOS ARE VERY FEW, EXPENSIVE, AND HEAVY LIFT.

ITS ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.

YOUR NARRATIVE CONTAINS ALL THE CONTENT FOR THE PROBATION OFFICERS REPORT

IT IMPACTS YOUR, 

Release Date

It includes You Accepting Responsibility,

Your Remorse,

Acknowledging Your Victim’s Pain

‘Standing Out To Your Judge.’ M. Santos interviews Federal Judge Mark Bennett on the importance of writing Your Personal NARRATIVE and including it in Your Presentence Report. 

IT DETERMINES YOUR,

Security Level Requirements

Medical and Mental Healthcare Needs

Psychology Programs – Limited Availability

FSA Programming, and Criminogenic Needs, Risk Assessment

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 personally return all calls. Marc Blatstein

We are not Attorneys; you need Legal Representation.

BEING PREPARED – SUMMARIZED:

1. PREPARED FOR YOUR FIRST MEETING WITH YOUR UNIT TEAM:

• 1st) AS SOON AS YOU ARRIVED AND LOCATED A COMPUTER, YOU HAVE ALREADY TAKEN YOUR FSA–SPARC-13 RISK ASSESSMENT SURVEY,
• 2nd)REQUEST TO PARTICIPATE IN THE FINANCIAL RESPONSIBILITY PROGRAM.

1. YOUR PATTERN SCORE IS FIXED AT THIS MOMENT IN TIME – BUT CAN CHANGE; WHAT IS YOURS? (MALE or FEMALE)
2. AS SOON AS YOU ‘FELT’ YOU WERE A TARGET

• INTERVIEW AND FIND A CRIMINAL DEFENSE ATTORNEY WHO PRACTICES IN FEDERAL COURT

AFTER YOUR GUILTY HEARING, YOUR ATTORNEY

• Has given you a long list of documents that the court needs copies of financial, medical, Biographical, and Identification Background Information
• Next, you begin a several-month writing project that includes;
  • YourPersonal NARRATIVE, which will include a majority of the content needed for your

Presentence Report, plus your Allocution and

Release/Reentry Plan, where the Judge will ask you, “What is your plan for the future – to not re-offend?),

All of this, As You Prepare For,

YOUR PRESENTENCE INTERVIEW (PSI) – INVESTIGATION REPORT

• CONDUCTED BY THE PROBATION OFFICER – THE COURTS REPRESENTATIVE

PREPARATION FOR THE PRESENTENCE INTERVIEW.

9:30.7 Inside Baseball: Interview With Former Federal Probation Officer Tess Lopez

For a successful and productive legal process to occur, both counsel and clients must maintain a level of accountability and mutual respect. Additionally, active listening on both sides is crucial for effective communication and understanding. As part of this process, counsel will proactively reach out to Probation as needed, and defendants will provide their attorneys with all requested Biographical Background and Personal Identification information. By adhering to these guidelines, all parties involved can work towards achieving the best possible outcome.

It is critical to take time to draft a well-thought-out NARRATIVE and RELEASE Plan, including content relevant to the PATTERN score and Risk Assessment Survey. These documents are then woven together, organized, and prepared with accuracy and comprehensiveness before being given to the probation officer 1-2 weeks before the interview, to be eventually included in their PSR Under Seal.

The interview process holds immense significance as it offers a valuable chance for the Probation Officer to establish a personal connection with the client. Given the constraint of limited time, this opportunity is greatly appreciated by both parties involved. It allows for a deeper understanding of the client’s situation and helps the Probation Officer to provide tailored guidance and support.

The Presentence Report is a crucial tool that enables the court to take into account sentences that fall outside the guideline range. It’s important to note that the government typically does not provide this information voluntarily. By utilizing the Presentence Report, the court can make informed decisions about variances in sentencing.

1. Counsel aims to determine the “dictation date,” which is the deadline for the P.O. to complete the initial draft of the official Presentence Report (PSR).

Upon commencing their work, the counsel and client are promptly informed of the specific timeline requirements to complete their respective tasks. Any legal or personal concerns that the client may have must be addressed within the given time frame, in addition to preparing for the upcoming interview. All necessary steps must be taken to ensure that the entire process runs smoothly and efficiently.

Requesting a minimum of three months to prepare for the interview is imperative. This request should have been made during the guilty hearing, and the judge must agree before setting the sentencing date.

Counsel should contact the PO before they speak with the Prosecutor. It’s important to build a relationship and assess what the PO knows. This allows the council to explain its position because the PO was not present in court and has not formed an opinion yet.

They may still have an open mind if they have not spoken with the prosecutor.

If the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.

Your attorney aims to make their case and position with a personal meeting.

As you work on your personal narrative, it will undergo several revisions before reaching its final form. This is your chance to tell your story authentically and sincerely, taking responsibility for your actions. As you are writing try and keep in mind what your judge and Probation Officer are looking to hear and feel from you. By keeping these points in mind, will go a long way as you begin to tell your life story. Your Personal Narrative, as an integral part of your Presentence Report and will reflect your unique perspective on the events that led to your arrest.

Begin by writing your Release Plan, then prepare an Allocution for your conversation with the judge during sentencing.

When it comes to the Sentencing Hearing, remember to speak from your heart and answer the Judge’s questions truthfully. Your honesty will shine through and be heard by the Judge.

When making a prison placement request, Counsel will provide reasons for the request, such as medical or FSA programs.

BOP Example: FPC Alderson,

Counsel will outline each factor for the PO to consider under 18 U.S. Code § 3553

Part E (assistance in the investigation or prosecution of another, section 994 of title 28)

Part F (sentence below the guideline range under 18 U.S.C. §3553(a)) 

Defendant does Not Have:

1) more than 4 criminal history points, 2) a prior 3-point offense, or 3) a prior 2-point violent offense

• did not use violent threats
• did not result in death or injury
• was not an organizer, leader, manager, or supervisor
• defendant has truthfully provided the Government with all information and evidence

If the probation officer is open to a variation, persuading the court to impose a sentence below the guideline range could be crucial.

If your client is sentenced to prison, the Presentence Report (PSR) and Statement of Reasons (SOR) are crucial documents used by the BOP to determine their future.

During the probation officer meeting, the information presented will play a vital role in determining the client’s placement. Depending on the severity of the offense, the client may be sent to a dormitory-style camp or a maximum-security prison. This decision is especially crucial in complex cases involving multiple counts, various methods of calculating the guidelines and identifying the most appropriate guidelines to follow. Therefore, the information presented during the meeting must be accurate and comprehensive to ensure a fair and just outcome for all parties involved.

Establishing a connection with your probation officer by means of personal communication can be beneficial for your defense attorney to present their interpretation of the case, particularly in intricate cases.

To ensure the best outcome for the case, it may be beneficial for the lawyer to schedule a personal meeting with the Probation Officer (PO) if they were absent during the trial. As Probation Officers have a demanding workload, it is important to approach them with understanding and offer any assistance possible to ease their burden. By taking these extra steps, the lawyer can ensure that the PO understands the case and their position, which can positively impact the outcome.

It is advisable to promptly write a letter to the PO presenting your complete perspective on the case.

Before requesting relief from the Guidelines, having the Probation Officer and Assistant U.S. Attorney (AUSA) understand your client’s behavior and role in the offense is important. Also, ensure everything is completed and handed in before the interview and dictation date.

If you’re getting ready for a trial, it’s always wise to seek guidance from a Federal Defender on how to familiarize yourself with the judge’s preferences. You should inquire if the judge reads sentencing memos and character letters, and if yes, how long they should be. It’s also important to consider whether there are any issues like overcrowding, staff shortages, or any other factors that may impact your client’s ability to access the necessary services. By taking these steps, you can ensure that your client receives the best possible outcome.

Mental Illness: Was this a contributing factor, or has there been significant abuse or trauma? Either way, they should be evaluated, and if you are unsure of a local expert, ask the prosecutor for recommendations.

• If there is a current treating therapist, it is best for all if they appear as witnesses; most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
• If, on their own, treatment was started before the indictment, Guilty Hearing, PSI, or Sentencing, all the better. (AA, NA, GA, Psych. Counseling); this needs to be included in the PSR, Sentencing Memorandum…
• A White Collar defendant, where after an extensive interview, the following is the result of a mental evaluation,
• Exceptionally bright, high-functioning, and very successful individual.
• He/She is very skilled, highly motivated, and works 18-20-hour days for money-promotions-privileges.
• The client is an obsessive-compulsive perfectionist.
• Suffers from depression and anxiety.
• Having an overwhelming desire to be successful, personally and financially
• This may cause an ordinarily law-abiding person to “cross the line” into inappropriate or illegal behavior.
• Familiar?
• Later diagnosed with bipolar disorder
• Latest statistics by the U.S. Sentencing Commission
• 6 percent of inmates received downward departures for diminished capacity (U.S.S.G. §5K2.13).
• If half of the inmates have symptoms of mental health problems,
• yet only 2.6 percent are receiving departures, are the judges simply insensitive?
• Or does the problem lie at the feet of the defense counsel, who is not taking the time to investigate the client’s social and psychological history thoroughly?
• Unfortunately, I believe it is the latter.  Tess Lopez.

Character Letters: only pick out a few to discuss in the memorandum, but add at the end that “there were another 50 that all said similar things, and the PO has those.”

If an employer is willing to write a character letter that says they will rehire you due to your skills and character once you are released – that is a Great letter for The NARRATIVE and Release Plan. 

The Sentencing Memorandum is best submitted approximately seven days before the sentencing hearing,

Corroborate your defense and placement request 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.

Therefore, including it in some manner during the Presentence Interview is optimal.

In The Sentencing Memorandum, give the Judge 1 or 2 cases with the highlighted pertinent points; if there is a video or pictures, include those. 

1. 18 U.S.C. §3553(a)(2)(D) requires a sentencing court to consider The Nature and Circumstances of the offense and The History and Characteristics of the Defendant. In the client’s NARRATIVE, most of this should be covered.

To determine which 18 U.S.C. §3553(a) factors apply, while someone with experience should:

1st) Conduct in-depth (multi-hour) interviews with the defendant, should an evaluation be needed (even in White-Collar). Now is the time, and

2nd) plus having the time (multi-hours) to speak with family members, close friends, and business associates or trusted employees to understand the person better.

As most Officers do not have ‘any’ time, at times, this is left to counsel to do themselves. This provides the opportunity to discuss hiring someone to do this part of the background work, or it may just not get done.

Evaluation of the care needed for a client’s medical condition – may support a cost-related (home confinement) argument.

This is most apparent in defendants diagnosed with a terminal illness or a diagnosis that falls outside the scope of what the BOP can provide (Long-Haulersor Post-COVID).

The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”

Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

The Presentence Report Determines Your Future – So Preparation For Your Interview is Vital

• Judges use the PSR to determine the length of a sentence.
• The Bureau of Prisons (BOP)uses the same PSR for prison placement.
• The PSR is again used by Probation during Supervised Release.
• Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – It truly is, the gift that keeps on giving.

Your Allocution. This is your chance to speak directly with the judge, an important moment in your hearing. Judges are “…looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.” I hope you find this video helpful.

By now, the judge has already read your Presentence Report and hopefully your Personal Narrative, where you’ve explained how you arrived at this point in your life, standing before the court today. You have the opportunity to show the court that you take responsibility for the harm you’ve caused your victims, that you’re committed to making things right, and that you’re determined never to return to this courtroom. This is your moment to make a strong impression, humanizing yourself to your judge.

SENTENCING MEMORANDUM

Judge Scola notes that sentencing memoranda are 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 ondisputed guideline issues. I appreciate lawyers who give me everything I need well in advance of the hearing.”

Your Sentencing Memorandum is written by your attorney and provided to the court approximately 7-10 days before the day of your sentencing hearing and can be provided in written or written and video format. As you have initially read several examples of your attorney’s writing style, you have both agreed on your memorandum’s final message.

Depending on the number of “Character” Reference Letters, the best (3 or less) have been attached, summarizing their common theme in the Memorandum, then noting that there are (for example) another 27 that you have provided to your Probation Officer. They have all been reviewed to ensure that none will come off as insulting to your judge. Also attached is your Personal Narrative, Release Plan, and possibly your Allocution, depending on how nervous you are or will be at the time. If needed, the Allocution can also be in Video format, and if financing is an issue, a smartphone can be used. What Federal Judges Want to Know at Sentencing.

Judges across the country have been interviewed, and here are their thoughts – ‘From the Bench.’

3 JUDICIAL VIEWS FROM THE BENCH

As you read the Judges’ views, you’ll see they prefer to hear from you directly, through your Narrative and Allocution, rather than your Attorney.

Judge Xinis

Judge Xinis has expressed a dislike for sentencing memos that appear to be copy-paste jobs. She believes that simply citing legal precedents without providing relevant information about the defendant does not serve the memo’s purpose. Instead, Judge Xinis prefers that lawyers explain why a variance is justified. She also wants lawyers to start with the offense and the defendant’s details upfront, as she is interested in the facts of the case.

Experienced lawyers provide me with information about the 3553(a) factors and explain why a deviation from the guidelines is warranted. If a case involves excessive punishment, they elaborate on the legislative history or the U.S. Sentencing Commission history behind the guidelines, if such exists. Additionally, they clarify how a guideline sentence could undermine the community’s respect for the law.

Judge Xinis is a dynamic and engaged judge known for her active involvement in the proceedings. She takes pride in asking a lot of questions and welcomes live character witnesses to the court. Judge Xinis is particularly interested in live testimony from mental health professionals and is known to engage them on specific points in their report. She believes that lawyers can significantly impact the sentence by presenting a strong argument in court.

She encourages lawyers to present a compelling argument on why a prison sentence should not be the default sentence and what sentence would be sufficient but not greater than necessary. Judge Xinis is committed to ensuring a fair and just trial, and her passion and dedication to her role is evident in every case she presides over.

Judge Scola Notes

Judge Scola notes that sentencing memoranda are the first opportunity for lawyers to make a positive impression on him.

What makes a positive impression on Judge Scola?

• • “…good legal advocacy in their memorandum, particularly as to disputed guideline issues,”
  • …lawyers who get him everything he needs. in advance of the hearing,
  • …suggesting that you have five or six good character letters, “put in the sentencing memorandum, quote from them, and attach them as Exhibit. A.
  • Put the rest in another exhibit.”

Pet peeves.

• • Lawyers who,
    • …do not submit memorandums or submit them on the eve of or submit poorly prepared ones.
    • …give him boilerplate citations
    • …ask for ridiculously low sentences.
    • …don’t prep the defendant or character witnesses before the hearing;
    • …don’t interrupt their clients who, during allocution, start digging a hole for themselves, and
    • …forget that the court is the audience and put on a useless show for their clients, family, and friends.

Judge Mehta

Most judges, including Judge Mehta, consider the failure to submit a sentencing memorandum as a missed opportunity for legal advocacy. This document is of utmost importance as it provides an opportunity to explain why the defendant committed the crime and demonstrate that they have undergone a positive transformation since the offense. It is also a chance to showcase the steps taken toward rehabilitation and assure the judge that the defendant is less likely to re-offend. For instance, individuals who have successfully overcome substance abuse addiction demonstrate to Judge Mehta that they possess genuine strength of character and are less likely to commit crimes again.

Live testimony is an essential aspect of a case, particularly when it comes from mental health experts. Judge Mehta finds it helpful because it allows him to question the witnesses directly. He also prefers character witnesses to speak in person rather than sending a letter. Notification to Judge Mehta’s chambers several days in advance is all that is required to request live testimony. Judges agree that when evaluating cases, both live testimony and data and statistics from similar cases, including those related to mental health, are crucial.

Chief Judge, Beryl Howell

It is highly advisable, particularly in complex cases, to submit sentencing memoranda and letters early on, according to Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia in Washington. To ensure a thorough review, it is recommended that these documents be submitted several weeks before the sentencing date.

Judge Charles R. Breyer of the U.S. District Court for the Northern District of California in San Francisco, who is also the vice chair of the Sentencing Commission, expressed concern about lawyers who fail to realize that they can request a recess to speak with their clients if they begin to play the victim or blame others during allocation.

Sentencing the White Collar Offender: A View From the Bench, July 9, 2015, Alan Ellis

When preparing a sentencing memorandum, it is important to minimize the use of citations. Refraining from quoting or citing Booker, Kimbrough, Gall, or the 3553 factors is recommended. Rather, an effective alternative is to create a sentencing video. This approach can save time and compellingly showcase the defendant’s regret and personal connections through well-spoken character witnesses. It is also crucial to own up to the offense and express sincere remorse, emphasizing that the defendant is typically a responsible and productive member of society who made an uncharacteristic error.

Point out instances of disparity by showing what sentences other judges in the same district are imposing on similarly situated offenders in similar cases. Use data from the Sentencing Commission, including national data and statistics, i.e., Interactive Data Analyzer (IDA). Judges are more likely to follow the sentencing patterns of their peers in the same district, state, and circuit. Finally, consider starting a restitution program. Even a small amount is better than nothing.

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

-Marc Blatstein

Your Personal Narrative

and

The Presentence Interview Investigation Report

When addressing the Judge, initiating a written exercise is advisable. The Personal Narrative presents a great opportunity to share pertinent details about yourself and the incident in question.

YOUR SENTENCING HEARING – YOUR 1st and ONLY CHANCE TO SPEAK WITH YOUR JUDGE 

 What Can You Do To Stand Out?

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

Creating a compelling narrative requires multiple revisions. To ensure the best possible outcome, it’s worth asking trusted friends or family to review beforehand. While your biography should contain pertinent information, we’ll collaborate to select the most pertinent details. We must communicate with those closest to you to gain a more intimate understanding of your personality, character, and circumstances. Remember, this is Your Life – we should approach it with the utmost seriousness.

The categories below are meant to encourage deep reflection but may be challenging. It is advisable to take time to consider them carefully and seek advice from trusted individuals, including a legal representative. You must provide authentic and heartfelt responses for several reasons. Firstly, it will hold no worth if you do not believe in what you are saying. Secondly, if a Judge suspects that someone else wrote your responses, it may cause further complications for you. Lastly, Probation will review your answers and offer recommendations to the Judge, therefore, they must trust your responses are sincere.

 Topic Categories:

In the United States Code, specifically in Title 18, Section 3553, there are provisions that state the various factors that judges must take into consideration when determining the proper sentence for a given offense. Among the most pertinent considerations are the Nature and Circumstances of the offense itself, as well as the offender’s Personal History and Individual Characteristics. These factors help to ensure that sentencing decisions are fair and just and that the punishment fits the crime. Here, through your NARRATIVE, this is your opportunity to provide your Story, Autobiography, or NARRATIVE of your life and what brought you to this day. Accepting responsibility, Triggering Events, and Having Remorse for the Victims you Created,

It is essential to start by conveying heartfelt condolences to the victims of the crime and acknowledging the immense agony and distress they have undergone. It is imperative to understand the seriousness of the crime and refrain from belittling its severity in any manner. This provides an opening to delve deeper into the subject.

Take some time to reflect on the events that led to this moment. What circumstances led you to commit this act? If applicable, you may draw on pertinent experiences from your childhood. Seeking the advice of an expert or legal professional may be helpful.

It is advisable to try and identify any triggers that may have contributed to your actions. Develop a plan to eliminate them from your life. It is pertinent to refine your initial drafts over time and to ensure that your personal narrative is authentic and truthful.

What have you learned from this experience? Did it bring up memories from your past? Share these insights with the judge. If you have victimized others, describe your plan to make amends, even if it is a small effort. Finally, outline your plan for preventing re-offending and ensuring that you will never appear in their courtroom again.

It is advisable to inform the Judge of your willingness to take financial responsibility and make amends. Bring some money with you (such as $100 or $1000) and tell the court that you would like to submit it if you can. You may say something like, “I understand that this may not be a significant amount, but I would like to offer $ 000.00 to the court.” 

Moreover, it would be helpful to let the court know that you have a job offer (only if you do and have that Character Letter with you) for when you return home and are willing to participate in the Financial Responsibility Program. If the Judge orders a payment of $25/Qt, you may find it challenging to comply. However, doing your best to honor the plan is advisable, even if you have little to no financial support while in prison. 

Not participating in the Financial Responsibility Program (FRP) while in prison may affect your ability to participate in other programs and could be held against you. Therefore, it is strongly advisable to participate in the FRP and any other programs that may be available to you.

Overall, it is essential to take financial responsibility seriously, as it can have a significant impact on your future. Additionally, it is advisable to approach the situation respectfully and properly, as this may positively impact how the court views your case.

Cases that judges find most challenging. If you fall into either of these two categories, the plan we have covered still applies, but with a caveat.
1. Predatory child sex offenders who have harmed children; if you fall into this category – You will be strictly monitored once released.

2. White-collar criminals who have harmed vulnerable people. If you fall into this category – once off supervised release, you are smart enough to know that you do not want to return.

 The Presentence Interview Investigation Report

can be aided by

Your Personal Narrative and Allocution

While I previously mentioned that it could be started in written format, it could also be submitted with the Sentencing Memorandum and made available in,

• Video MP4 format and placed in a flash drive or CD so that the judge could easily see it the week before (optimal timing) sentencing.
• You could work this with your attorney using either PowerPoint or a smartphone.

YOUR PRESENTENCE INTERVIEW (PSI) – INVESTIGATION REPORT

• CONDUCTED BY THE PROBATION OFFICER – THE COURTS REPRESENTATIVE

LIFE LESSONS, Admiral McRaven

PREPARATION FOR THE PRESENTENCE INTERVIEW.

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

Counsel and Clients need to hold each other accountable and be respectful and listening to each other. While counsel is reaching out to Probation, the defendant is responsible for providing copies of ‘all’ of their Biographical Background and Personal Identification information that Probation has requested from your attorney.

At the same time, it is critical to draft a well-thought-out NARRATIVE and Release Plan and include content relevant to their PATTERN SCORE and Risk Assessment Survey. After multiple revisions, these are woven together, and then with the copies of all of the documents that are accurate and comprehensive, are organized and prepared and then given to the Probation Officer ~2 weeks before the interview so that it can be eventually included in their PSR, under Seal.

This allows time at the interview for the Probation Officer to get to know the client and ask any questions they may have. This ‘discussion’, with counsel present and the fact that the defendant was prepared and the officer’s time was respected, is usually appreciated as Probation Officers’ time is a rare commodity. Being comprehensive and accurate, as outlined below, allows the court to consider sentences outside the guideline range or “variances” because you are the only resource for the – the government will Not Volunteer this information.

I. Counsel’s goal is to learn the final “dictation date,” or the date by which the P.O. must complete their first draft of the official Presentence Report (PSR).

• Right away, counsel and client know their timeline to have everything completed. If the client has a company with legal issues that need to be resolved or personal issues, all of this requires time in addition to preparing for their Interview.
• Therefore, requesting, at a bare minimum 3 months to prepare for the interview would be great. This would also have been done at the guilty hearing, and hopefully, the judge agreed before setting the date for sentencing.
• Counsel learns who the PO will be and contacts them before they have spoken with the Prosecutor. Next, building a fundamental introductory relationship is important to understand what the officer already knows – which hopefully is not a lot!
  • This offers counsel the opportunity to explain your position, as the PO was not at trial and has not yet formed an opinion.
  • They may still have an open mind if they have not spoken with the prosecutor.
    • If the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.
  • Your attorney aims to make their case and position with a personal meeting.
  • Meanwhile, you have begun writing your personal narrative, which will undergo multiple rewrites until it is distilled into its final version, where you accept responsibility.
    • This is your story, a Unique and Honest version of the events that resulted in your arrest. Once complete, your Personal Narrative is to be included in your Presentence Report.
    • Next, start writing your Release Plan, followed by an Allocution or your conversation with the judge at sentencing.
    • Then, be ready should the Judge wish to speak with you at the Sentencing Hearing and honestly answer his/her questions from the heart.
• Prison Placement: Counsel will start framing reasons “why” this prison placement request is being made (e.g., supported with reasons why, for example, programs: medical, FSA programming, etc.).
  • BOP Example: FPC Alderson,
• Counsel will outline each factor for the PO to consider under 18 U.S. Code § 3553
  • Part E (departure, assistance in the investigation or prosecution of another person, section 994 of title 28,)
    • These factors include aspects of the offense or the offender’s background that the guidelines do not adequately consider. Some examples of E factors include:
      1. The defendant’s role in the offense
      2. The defendant’s criminal history
      3. The presence of substantial assistance provided by the defendant to law enforcement
      4. The defendant’s mental or physical condition
      5. The defendant’s acceptance of responsibility for the offense
      6. Any other relevant factor that justifies a departure from the guidelines and
  • Part F (sentence below the guideline range under 18 U.S.C. §3553(a)) of the PSR makes strong arguments to support these requests.
    • These factors are also considered under 18 U.S.C. § 3553(a) and include:
      1. The nature and circumstances of the offense
      2. The history and characteristics of the defendant
      3. The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
      4. The need to afford adequate deterrence to criminal conduct.
      5. The need to protect the public from further crimes of the defendant.
      6. The need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment.
    • Defendant does Not Have:
      • 1) more than 4 criminal history points, 2) a prior 3-point offense, or 3) a prior 2-point violent offense
      • did not use violent threats
      • did not result in death or injury
      • was not an organizer, leader, manager, or supervisor
      • defendant has truthfully provided the Government with all information and evidence
  • If the PO is receptive to a variance, it may be key to convincing the court to consider a sentence below the guideline range.
  • If your client receives a prison sentence, the Presentence Report (PSR) followed by The Statement of Reasone (SOR) are the documents used by the BOP to determine your client’s future.
    • This information (or lack thereof) will dictate whether the client is sent to a dormitory-style Camp or the Penitentiary Maximum-Security Prison.

• Meeting with the probation officer is to discuss their position on these issues.
  • This is particularly important in a complex case involving numerous counts, various ways to calculate the guidelines, and which guideline is appropriate.
  • Personal contact with the probation officer builds rapport and offers an opportunity to explain your position.
  • Sometimes as they are so busy with no extra time, and for a complex case, the PO would welcome the opportunity for defense counsel to explain their version of the case.
  • Remember, the PO wasn’t present at the trial; therefore, this personal meeting also assures the lawyer that the PO understands the case and their personal position. At the same meeting, they can get a feel as to how receptive the PO is.

• When working with Probation Officers, a little extra effort goes a long way as they are very busy, doing their best, and never have enough time. They may appreciate your efforts in easing that portion of their workload.
  • Consider presenting your entire view of the case clearly in a letter to the PO as soon as possible.
  • It is helpful to have the Probation Officer and Assistant U.S. Attorney (AUSA) buy into your client’s behavior and role in the offense before requesting relief from the Guidelines, and again, everything to be completed and handed in before the interview and dictation date.

II. Learn as much as they can about the judge’s likes and dislikes. If they find this hard, ask a Federal Defender.

• Counsel will want to learn whether the judge reads sentencing memos and character letters and how long those letters should be.
• If applicable, issues like overcrowding and staff shortages could affect your client’s access to their Programming Needs or other required BOP Services- is the Judge sensitive to this?

 III. Mental Illness: Did this contribute to the crime, or has your client suffered significant abuse or trauma? Either way, have them evaluated, and if you are unsure of a local expert, ask the prosecutor for recommendations.

• If there is a current treating therapist, it is best for all if they appear as witnesses; most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
  • If, on their own, treatment was started before the indictment, Guilty Hearing, PSI, or Sentencing, all the better. (AA, NA, GA, Psych. Counseling); this needs to be included in the PSR, Sentencing Memorandum…
• Mental Health example in this White Collar case. This client is an
  • Exceptionally bright, high-functioning, and very successful individual.
  • He/She is very skilled, highly motivated, and works 18-20-hour days for money-promotions-privileges.
  • The psychological evaluation:
    • The client is an obsessive-compulsive perfectionist.
    • Suffers from depression and anxiety.
    • The overwhelming desire to be successful, personally and financially, may cause an ordinarily law-abiding person to “cross the line” into inappropriate or illegal behavior.
      • Familiar?
    • Later diagnosed with bipolar disorder
  • Latest statistics by the U.S. Sentencing Commission
    • 6 percent of inmates received downward departures for diminished capacity (U.S.S.G. §5K2.13).
    • If half of the inmates have symptoms of mental health problems,
      • yet only 2.6 percent are receiving departures, are the judges simply insensitive?
    • Or does the problem lie at the feet of the defense counsel, who is not taking the time to conduct a thorough investigation into the client’s social and psychological history?
      • Unfortunately, I believe it is the latter.  Tess Lopez,

 IV. Character Letters: only pick out a few to discuss in the memorandum, but add at the end that “there were another 50 that all said similar things, and the PO has those.”

• If an employer is willing to write a character letter that says they are willing to rehire you due to your skills and character once you are released – that is a Great letter for The NARRATIVE and Release Plan. 

 V. The Sentencing Memorandum is best submitted approximately seven days before the sentencing hearing,

• Corroborate the issue with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.
• All of this is preferably done under seal via the Probation Office so that the information is appended to the PSR when given to the BOP.
• In The Sentencing Memorandum, give the Judge 1 or 2 cases with the highlighted pertinent points; if there is a video or pictures, include those.

 VI. 18 U.S.C. §3553(a)(2)(D) requires a sentencing court to consider The Nature and Circumstances of the offense and The History and Characteristics of the Defendant. In the client’s NARRATIVE, most of this should be covered.

• To determine which 18 U.S.C. §3553(a) factors apply, while someone with experience should:
  • 1st) Conduct in-depth (multi-hour) interviews with the defendant, should an evaluation be needed (even in White-Collar); now is the time, and
  • 2nd) plus having the time (multi-hours) to speak with family members, close friends, and business associates or trusted employees to understand the person better.
  • As most Officers do not have ‘any’ time, at times, this is left to counsel to do themselves. This provides the opportunity to discuss hiring someone to do this part of the background work, or it may just not get done.
• Evaluation of the care needed for a client’s medical condition – may support a cost-related (home confinement) argument.
  • This is most apparent in cases of defendants diagnosed with a terminal illness or a diagnosis that falls outside the scope of what the BOP can provide (Long-Haulersor Post-COVID).
• The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”
  • Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

The Presentence Report Determines Your Future – So Preparation For Your Interview is Vital

• Judges use the PSR to determine the length of a sentence.
• The Bureau of Prisons (BOP) uses the same PSR for prison placement.
• The PSR is again used by Probation during Supervised Release.
• Lastly, this same PSR becomes a permanent part of your record and the Inmates Bible – It truly is the gift that keeps on giving.

Call Dr.Blatstein at 240.888.7778 or by email for a No Obligation Free Consult; I return all of my calls personally.

You are Federally Indicted – What To Do First?

You need a Federal Criminal Defense Attorney specializing in White-Collar Defense.

Together, You Decide on Your Strategy: Trial or plea, as 98% of cases do. Here, you need an attorney who specializes in Mitigating Your Sentence.

• If Prison is inevitable, start preparing for your Presentence Interview and Personal Narrative – ASAP.

Presentence Interview Preparation is Next, and it Controls Your Life.

Probation Officers conduct the Presentence Interview (PSI) and write the official Presentence Report (PSR) to the Judge and Court.

In reading how attorneys prepare for the PSI, I side with those who believe in being proactive and drafting their own memorandum that contains the information needed for the PSR and providing it to the Probation Officers before the Presentence Interview – Getting Your Message On The Record.

Why being Proactive with your Presentence Interview is best, is because this is the beginning of your Presentence Report (PSR)

• Probation officers are very busy and appreciate having some of the work already completed.
• It allows the legal team to get Your message into the record.

The Presentence Report (PSR), Controls Your Life :

• Sentencing Table: The Judge uses it to determine the Length of the Sentence.
  • Judiciary Sentencing INformation (JSIN)
  • Interactive Data Analyzer (IDA)
• The BOP Placement: Uses It to determine the prison to which you are assigned (designated).
• Probation: Uses it for Supervised Release.
• Last: It Remains on Your Record Forever, or

In the trial, you will need a Trial Attorney in whom you have confidence.

• They will review with you the strength of your case.
• The US Attorney simultaneously makes it more difficult for you if you lose,
• with the penalty resulting in more jail time.
• But if you and your attorney are confident and in the right, then stay strong!

Has ‘2’ outcomes that I am aware of:

1. You win, are proven innocent, and go home.
2. You are found guilty, then back to preparation for your Presentence Interview.

• Preceded by the Presentence Interview (PSI) and Presentence Report (PSR): Next, and it Controls Your Life.

DrMB@PPRSUS.com