Search results for surrender

ADMINISTRATIVE REMEDY PROCESS

LEGAL REPRESENTATION IS NEEDED – BUT JUSTICE MOVES SLOWLY


Should your client be denied medical care once they have either self-surrendered, been remanded, or are still incarcerated, do they know what to do? Was their medical background comprehensive when provided to their Probation Officer? While this hopefully is a rare occurrence, it does happen, as you have read in recent cases.

 

The Federal Bureau of Prisons Track Record of Providing Medical Care – When It’s Needed

October 10, 2022, Judge[i] Holds Federal Bureau of Prisons in Contempt for Allowing Man To Waste Away From Untreated Cancer[ii]

  • In November 2020, Bardell filed a motion[iii] requesting a Compassionate Release. He followed up with a Second Motion in February 2021[iv], accompanied by an Affidavit from an Oncologist. Despite the government’s opposition, Judge Dalton ordered Bardella’s release, expressing disgust at the situation.
  • However, upon his release, The BOP brought Bardell in his wheelchair to the Dallas/Fort Worth airport in a van, only to drop him off without his wheelchair, bleeding and soiling himself.

 

September 23, 2023, 1 IN 4 INMATE DEATHS HAPPENED IN THE SAME PRISON. WHY?

  • …a 47-year-old with a family history of breast cancer discovered lumps in her left breast while in federal prison. Treatment was denied until it was too late to treat – a judge released her on compassionate release.
  • …a 70-year-old was denied care for so long that he lost an eye, and a judge released him on compassionate release.
  • …for 7 months, another begged to see a doctor until it was too late, and he died of cancer.
  • …a 50-year-old male complaining of headaches, but the doctors said he was faking it, was eventually diagnosed with a cancer tumor the size of an egg and died.

 

March, 2023, The New England Journal of Medicine,[v]

On a deeper dive into the availability of medical care in prisons, there is a real possibility that the minimum standard for inmate healthcare, which was established in 1976 by a Supreme Court ruling, could be Stopped-Overturned, using the same legal framework that caused the Overturning of Roe v. Wade in June.

  • Deliberately withholding treatment from prisoners with serious medical needs is considered “Cruel and Unusual Punishment⚖️” under the Constitution’s Eighth Amendment.

“We know when:
  1. Family members stay engaged, like when kids are still close to their moms or dads who are incarcerated,
  2. When there is a family support system when people return home or even when they’re inside, that
  3. That the health of the incarcerated person is better,”Professor Emily Wang, MD, MAS.
My Comment,
This requires a coordinated effort with the family (and the person incarcerated – if they’re capable) and is best started long before the Presentence Interview.
In the end, it takes the efforts of the patient in the federal system through the,
While there are never any guarantees, doing nothing guarantees that.

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

-Marc Blatstein


WHAT YOU CAN DO WHEN PRISONS (FEDERAL) FAIL 🥀TO PROVIDE MEDICAL CARE.

THE INMATE’S GUIDE TO ADMINISTRATIVE REMEDY REQUESTS IN FEDERAL PRISONS

BOP REGULATIONS (P1330.18)

 

FOR THE PATIENT/INMATE | LOVED ONES | AND THOSE WITH POWER OF ATTORNEY

Below, I review several methods for clients, now patients/inmates, to advocate for themselves and additional options for their loved ones, family members, and those with Power of Attorney.

This does not replace the need for Legal Representation. While the Eighth Amendment and BOP Regulations [P6031.04 Patient Care] state that medical care will be provided, its availability is sometimes in question. If a BOP Second Opinion Consult is granted, sometimes months to years later, allowed – the local prison Clinical Director is not required to implement those treatment recommendations (Program Statement P6031.04 (Pg. 20-21), that could keep the patient/inmate’s care “Within The Standard of Care” in their community.

Unfortunately, the cases provided are current examples (as of 10/2023). The only proactive step one can take is to provide an accurate and comprehensive background that includes any medical issues they may have. Once included in their Personal NARRATIVE and provided 1-2 weeks before the Presentence Interview to their Probation Officer, it increases the chances of it being included in their official Presentence Report.

  • Should, on a rare occasion, a medical issue arise before the PSI where the current treating physician feels that the BOP (taking into account staffing issues in the BOP in general or at their Federal Medical Centers, or for other medical reasons), other actions may be indicated.
  • According to the BOP Policy, the court cannot order the BOP to provide specific medications, which may include treatments; BOP National Formulary Part I, 2022. Page 4, #9. Further, they appear to recommend consulting with BOP Counsel for that Region – so does it make sense to get their input before sentencing rather than after incarceration?

Ensure your client knows the dos and don’ts of the environment they’re about to enter – for it’s another world with a different set of rules. 

  White Collar In BOP HOUR ONE – IS AN EMOTIONAL SHOCK

Understanding the importance of the Administrative Remedy is just a part of the Preparation and Knowledge ProcessKnowing what to expect in prison – before their first day contributes to reducing the fears they and their loved ones naturally are going through. Having been through this, please prepare them because it will benefit them in many ways.

Realizing that there are no guarantees, preparation provides them with the information needed to stay out of trouble as well as how to navigate and work to gain the maximum benefit from the First Step Act Programs (should there be enough support staff), RDAP, Second Chance Pell Grants for College Courses, and overall work on their personal development. All of this is helpful as they approach their early release date.

Not being personally prepared (I was also not a great client, as I was that deer in headlights) was a driving force that allowed me to be here with you today. Yes, I had a felony in 2006, but with colleagues’ support, my practice license was reinstated in 2010.

Transitioning from patient care to preparing those facing their life-altering event is my way to give back and is self-rewarding in its own right – a worthwhile career change.


BOP LEADERSHIP CONTACT LIST, 2023/2024[vi]

 I) MEDICAL CARE DENIED; ACTION STEPS THE PATIENT/INMATE CAN TAKE.

The Administrative Remedy P1330.18 Program Statement[vii]( ‘Factsheet’) – If the Person Is Capable and Has Their Strength.

These Steps consist of the,

  • BP: 8 (or Cop-Out), 9, 10, and 11[viii]. – what they look like, followed by
  • Title 28 USSC § 2241[ix],
  • The Pro Se Motion (Form) is what you send to your Federal District Court.
    1. The Bureau of Prisons (BOP) encourages inmates to utilize the Administrative Remedy Process to address grievances.
    2. It is advised that the patient/inmate maintain an accurate written timeline of events on a calendar and 
    3. Please keep four copies (and the original) of all relevant documentation for future reference. This practice will help keep track of important details and ensure all necessary information is readily available.
    4. Use email when available.
    5. ONLY ‘1’ COMPLAINT PER ADMINISTRATIVE REMEDY REQUEST IS ALLOWED, AND EACH BP 8, 9, 10, 11, AND 2241 MUST HAVE THE SAME COMPLAINT.

 

The patient/inmate is to include copies of all previously submitted documents in their current complaint, with Minimal need for changes in wording.

Keep 4 copies of all original documents for future use.

  1. Take copies of everything and keep the originals.
  2. Ensure to document all pertinent information about the incident, including the specific DayDate to whom you Have Spoken, and The Time → of The Incident.
  3. Not the date you are writing or filling out this form.
  4. You’re expected to try and resolve the matter through a simple conversation with your counselor or (case manager), the BP-8.
  5. ON EACH BP 8, 9, 10 and 11,

Include;
(1) THE DATE OF THE INCIDENT IN YOUR BP-8,
(2) THE NAME of the individual(s) with whom you spoke,
(3) WHY YOUR REQUEST is being made, and
(4) WHAT YOU’RE ASKING FOR.


Each facility has its own rules. To start the process, speak with your counselor (BP-8) first to learn how their process works.

  • When the counselor responds, remember what they tell you – with attention to detail, write your notes later and note the conversation’s date, content, and time.
  • Once the counselor explains the process, follow the process strictly. Write the date that the incident“Happened,” not when you filled out the form – unless it’s the same date.

Supplies to get started;

  • If you can access a copy machine, make 4 copies of everything (possibly in the library). You may need a pentablet with paperenvelopes, and likely stamps. If there is no copy machine, you can handwrite 4 copies of everything – written precisely the same to be used on future BP Forms if needed.
  • A Calendar is critical.
  • With No Response or Negative Responses – Keep Track of the Days For Each BP 8, 9, 10, and 11.

Deadlines are also critical; the BOP staff may be Late. You are not given that same grace period; if you are late, the staff may reject the complaint because the time to complain has expired.

  • Write down the day the incident happened.
  • Write down the day you made the informal complaint (which has to be within 20 days of the incident – or Sooner).

Although a person in prison must adhere to the deadline of [“#”] days, staff members are not required to respond, nor do they have to respond.

  • Nevertheless, you must show that you attempted to resolve the matter with an informal complaint.

Writing A Letter Can Substitute for a BP- 8, 9, 10, or 11.

If there is no counselor available, you should record that the counselor is unavailable and then write a letter requesting that;

  • The Warden treated the letter as a BP-9, Administrative Remedy Appeal, or
  • The Regional Director treated the letter as a BP-10, Administrative Remedy Appeal, or
  • The Central Office treats the letter as a BP-11, Administrative Remedy Appeal.

START Each BP with the date and time of your original informal complaint (BP-8, attached), then (BP-9, attached), etc.

The date of the 1st incident is located in the BP-8 (but not the Date the BP-8 was Written)

OPTIONS;

  1. You did not receive a response to your informal complaint. Write that no one responded to your complaint, and you filed the (NEXT BP # and Form IN SEQUENCE) to comply with deadlines.
  2. If you received an unfavorable response, 1) Reply that you disagree with the decision on the complaint. 2) This is why you’re filing the (NEXT BP # and Form IN SEQUENCE) for a formal administrative remedy request.
  3. If you’ve missed the deadline to file the formal complaint, you must explain the reason why. 1) For example, if you were sick or locked in the SHU, nobody provided you with a BP form. Do your best to comply with the deadlines because the BOP likes to Deny-Deny-Deny.

END Each BP Form by noting how you are submitting it.

  1. When submitting the form to the counselor, add or include their name, date, and time.
  2. If you are putting the form in the unit mailbox, indicate the date and time you put it in the unit mailbox.
  3. If you are in the SHU and have to submit it to a staff member, write down that person’s name and the date and time you hand the form to them.

WHERE APPROPRIATE, INCLUDE COPIES OF BOP POLICIES AND FORMS that validate your position. These should be available in your library: Medical, Dental, and Health Policy


Include;
(1) THE DATE OF THE INCIDENT IN YOUR BP-8,
(2) THE NAME INDIVIDUAL(S) with whom you spoke,
(3) WHY YOUR REQUEST is being made, and
(4) WHAT YOU’RE ASKING FOR.


 THE PROCESS STARTS

with the “Informal Complaint,” or BP-8, or Cop-Out, that one requests from their Case Manager. At best, this is an informal conversation with your Case Manager to resolve the issue.

With No Response or a Negative Response within 24 hours – The Formal Process Begins. The next day…


 

The Patient/Inmate Next Requests a BP-9 from their Case Manager, who “Logs” this for the Record.  This one goes to The Warden.

  1. A 20-Day Clock Starts – and keeping track of the Days is Critical – Because if Late, the STAKEHOLDERS May Choose to Use It’s Being Late To Deny Your Request.
  2. Include copies of everything previously sent (BP-8 or Cop-Out).
  3. With No Response or a Negative Response within 20 Days

 

The Patient/Inmate requests a BP-10 from their Case Manager, who “Logs” this for the Record. This one goes to The Regional Director in your Region.

  1. The 30-Day Clock Starts – and keeping track of the Days is Critical – Because if Late, the STAKEHOLDERS May Choose to use its Being Late To Deny Your Request.
  2. Include copies of everything previously sent (BP: 8 or Cop-Out, 9).

 

BOP Regional Directors[xi]

*Cross-check Regional Directors with the above list and include those names.


Regional Director / Mid-Atlantic Regional Office (Check against BOP List, if different, contact as many as possible.)

1. 10010 Junction Drive, Suite 100-N, Annapolis Junction, Maryland 20701, Certified – Return Receipt.

2. MXR Leadership: Chris Gomez, 302 SENTINEL DRIVE, ANNAPOLIS JUNCTION, MD 20701, MXRO-ExecAssistant@bop.gov, Phone: 301-317-3100, Certified – Return Receipt.


Regional Director / North Central Regional Office (Check against BOP List; if different, contact as many as possible.)

1. NCR Leadership: Andre Matevousian, Gateway Complex Tower II, 400 STATE AVENUE, SUITE 800, KANSAS CITY, KS 66101-2492, Certified – Return Receipt, Email: NCRO-ExecAssistant@bop.gov, Phone: 913-621-3939


Regional Director /Northeast Regional Office (Check against BOP List; if different, contact as many as possible.)

1. NER Leadership: Amy Boncher, S. CUSTOM HOUSE, 7TH FLOOR, PHILADELPHIA, PA 19106, Certified – Return Receipt. Email: NERO-ExecAssistant@bop.gov, Phone: 215-521-7301


Regional Director / South Central Regional Office (Check against BOP List; if different, contact as many as possible.)

1. 4211 Cedar Springs Road, Suite 300, Dallas, Texas 75219, Certified – Return Receipt.

2. SCR Leadership: Heriberto Tellez, US ARMED FORCES RESERVE CMPL, GRAND, PRAIRIE, TX 75051, SCRO-ExecAssistant@bop.gov, Phone: 972-730-8600, Certified – Return Receipt.


Regional Director / Southeast Regional Office (Check against BOP List; if different, contact as many as possible.)

1. SER Leadership: Shannon Phelps, 3800 Camp Creek Parkway, SW/BDG 2000, ATLANTA, GA 30331-6226, Email: SERO-ExecAssistant@bop.gov, Phone: 678-686-1200, Certified – Return Receipt.


Regional Director / Western Regional Office (Check against BOP List; if different, contact as many as possible.)

1. 7950 Dublin Boulevard, 3rd Floor, Dublin, California 94568, Certified – Return Receipt.

2. WXR Leadership: Melissa Rios-Marques, 7338 SHORELINE DRIVE, STOCKTON, CA 95219, Email: WXRO-ExecAssistant@bop.gov, Phone: 209-956-9700, Certified – Return Receipt.

With No Response or a Negative Response within 30 Days


 

The Patient/Inmate requests a BP-11 from their Case Manager, who “Logs” this for the Record. This one goes to The Office of General Counsel in Washington, DC.

1)The 40-Day Clock Starts – and keeping track of the Days is Critical – Because if Late, the STAKEHOLDERS May Choose to Use It’s Being Late To Deny Your Request.

2)Include copies of everything previously sent (BP: 8 or Cop-Out, 9, 10).

File your BP-11 at the following address: Bureau of Prisons, National Inmate Appeals Administrator (Check against BOP List; if different, contact as many as possible.)

  1. James Wills, AD/General Counsel, BOP Office of General Counsel, 320 First Street, NW, Washington, DC 20534, (202) 307-3198, Certified – Return Receipt.
  2. Rear Admiral Chris Bina, BOP Assistant Director, Health Services Division, 320 First Street, NW, Washington, DC 20534, (202) 307-3198, Certified – Return Receipt.

With No Response or a Negative Response within 40 Calendar Days



 

Pro Se Motion

“The Central Office has 40 calendar days to respond as of the date it is received, which may be extended for An Additional 20 Calendar Days.” (“FBOP Administrative Remedy Program – Washington, D.C.”)

  1. You can now draft Your Pro Se Motion – Form: Writ of Habeas Corpus Under 28 U.S.C. § 2241 to Your Federal District Court,
  2. This goes to your Federal District CourtCertified – Return Receipt.
  3. Include copies of everything previously sent (BP: 8, 9, 10, 11).


 

IF THE PATIENT/INMATE IS INCAPACITATED🥀 AND NEEDS SOMEONE TO ADVOCATE ON THEIR BEHALF: THEIR LOVED ONES OR SOMEONE WITH POWER OF ATTORNEY

 

 ** LEGAL REPRESENTATION IS RECOMMENDED


 

II.   MEDICAL CARE DENIED, ACTION STEPS YOUR LOVED ONES CAN TAKE.

The Administrative Remedy Program Statement ( ‘Factsheet’) – If the Patient/Inmate Is Not Able To Do This, 👉Do the following.

 First, 👉Maintain an organized file to keep track of your loved one’s conversations and care, including dates, names, phone numbers, and steps taken.

Request a written detailed description of the issue with contact information for further details. KEEP COPIES OF EVERYTHING.

  1. You could compose a respectful letter to the warden advocating for your loved one. Certified – Return Receipt.
  2. Present the facts, describe the issues, suggest possible solutions, and ask for inquiry, communication, and collaboration. Help is what you’re asking for, and you’ll “await” their reply (I look forward to hearing from you).
  3. If a loved one is in jail and requires medical attention, it is essential to take specific actions to ensure they receive appropriate care.
  4. Request a written response from the Warden concerning your loved one’s medical condition and proposed treatment plan.
  5. This will provide valuable insights into their health and the measures being taken to address any medical concerns they may have.
  6. It’s a good idea to contact your loved one’s treating family doctor for additional support.
  7. This could prove particularly beneficial if you have concerns regarding their current treatment plan or feel they aren’t receiving adequate care while incarcerated. The doctor could provide you with a letter to attach containing more insight into their condition and suggest ways to ensure they receive optimal care.
  8. By staying informed and advocating for their medical needs, you can help ensure they get the right care – but no promises.
  9. You’re creating what I call a Paper Trail, which lets all parties know that someone else is watching.

 


BOP LEADERSHIP – REGIONAL DIRECTORS[xi], 2023/2024[vi]

 

Send copies of your complaint letter to relevant officials, including the prison’s medical director, but if you cannot contact the prison, there is always a,

  • Medical Director, there is always The BOP Assistant Adm. addresses above) and your loved one in prison. Keep all originals for yourself. Check the BOP website and below for addresses.
  • Copy everybody.

👉Contact your member of Congress. To find your U.S. congressional representative, visit www.house.gov[xii] and enter your zip code. The name of your member will appear.

 

  • Call your congressional representative’s local office. Ask the staff member to whom you should send your letter.
  • Present the problem, stating the facts and your concern.
  • Describe the efforts you and your loved one have taken to resolve the problem and ask that your congressional representative investigate the problem. 
    • Ask your Congressional Representative (or Assistant to ask for you) to write your Warden directlyas you have been told that BOP Wardens pay attention to these emails. Have the Warden’s Name, Phone #, Email, and Address ready, and be specific as to what help you need your representative to ask for, or inquire about.
      • Congressional Representatives (you can provide a sample letter, if helpful),
        1. …from the writer’s district,
        2. …of the district where the prison is located,
        3. …office in Washington DC.
  • Then, follow up with a pre-set phone call, or appointment.  

 

Second. 👉File a Formal Complaint Directly with the Facility and look up the prison contact information.

1) Find Your Prison Warden, or Warden Assistant or secretary,

2) Search for a location:[xiii] Inmates → Find an Inmate, or Locations: List of Our Facilities

 

3) Include the Patient /Inmate Number and Location

4) You can both call and write respectfully.

  • Include that you’re concerned about your loved one’s medical needs and their lack of care, sending a letter to the Warden.
  • Attaching a letter from their physician (at home) to provide additional context may be helpful. Certified – Return Receipt.

5) The BOP is a vast government agency. The new BOP Director, Peters, is doing her best to change its culture, so continue your advocating efforts.


 

Third. 👉If the prison did not resolve your complaint, file a complaint with the Bureau of Prisons (BOP) Regional Office (Above) that oversees the facility.

This goes to the appropriate Region (above)

Include the Patient /Inmate Number and Location

  • If you’re concerned about your loved one’s medical needs and the lack of care, consider sending a letter to the Warden.
  • Attaching a letter from their physician to provide additional context may be helpful. Certified – Return Receipt.

 

Fourth. 👉If you cannot address your issue, contact BOP Headquarters or the Department of Justice – Office of the Inspector General.

GO HERE FIRST: To Report a Concern[xiv].

 

BOP LEADERSHIP CONTACT LIST, 2023/2024[vi]

 

Bureau of Prisons, Headquarters, or the Department of Justice – Office of the Inspector General (2 contacts)

  1. James Wills, AD/General Counsel, BOP Office of General Counsel, 320 First Street, NW, Washington, DC 20534, (202) 307-3198, Certified – Return Receipt.
  2. Rear Admiral Chris Bina, BOP Assistant Director, Health Services Division, 320 First Street, NW, Washington, DC 20534, (202) 307-3198, Certified – Return Receipt.

FAMM-VAP-Family-Visit Prison Guide


III.     WE ALSO HAVE OTHER RESOURCES – CONTACT US 

[i] https://reason.com/2022/10/10/judge-holds-federal-bureau-of-prisons-in-contempt-for-allowing-man-to-waste-away-from-untreated-cancer/#:~:text=Bardell%20had%20cancer%E2%80%94let%20alone,and%20instead%20immediately%20released%20Bardell.

 [iii] https://storage.courtlistener.com/recap/gov.uscourts.flmd.265888/gov.uscourts.flmd.265888.77.0.pdf

[iv] https://storage.courtlistener.com/recap/gov.uscourts.flmd.265888/gov.uscourts.flmd.265888.86.0.pdf

[v] https://news.harvard.edu/gazette/story/2023/03/supreme-court-may-halt-health-care-guarantees-for-inmates/

[vi] https://www.pprsus.com/wp-content/uploads/2023/09/BOP_-Leadership-2023.pdf

[vii] https://www.pprsus.com/wp-content/uploads/2023/09/1330.18_Administrative-Remedy-2014.pdf

[viii] https://www.pprsus.com/wp-content/uploads/2023/09/NACDL-bp-9-11-forms.pdf

[ix] https://www.law.cornell.edu/uscode/text/28/2241

[x] https://www.pprsus.com/wp-content/uploads/2023/09/Pro-Se-Handbook-Representing-Yourself-in-Federal-Court.pdf

[xi] https://www.pprsus.com/wp-content/uploads/2023/09/Regional-Counsel-and-Consolidated-Legal-Center-Offices.pdf

[xii] https://www.house.gov/

[xiii] https://www.bop.gov/locations/

[xiv] https://www.bop.gov/inmates/concerns.jsp

FACING A FEDERAL INDICTMENT, GET ANSWERS TO YOUR QUESTIONS: RESOURCES.

RESOURCES:

ANSWERS TO YOUR QUESTIONS 

 


 

So, you want to go to trial.
Just because you think you are ‘In The Right’ is not enough. If you have a legal case, you must remain strong and proactive. Ask your legal team about their track record and the number of cases they’ve won while keeping in mind that the DOJ has a 98% Conviction Rate. This information will give you confidence and help you in your decision-making process. This video provides valuable insights for deciding between Trial or Plea.

When going to trial, refrain from making an adversary of the Judge or Prosecutor because should you lose, doing so could result in a sentencing hearing that could negatively impact your immediate future.


Writing your Narrative.
Going to trial has made you realize that you need to improve yourself. You feel ashamed of your actions and take responsibility for them. You deeply regret causing harm to your victims and acknowledging your faults has been a humbling experience for you. Irrespective of the verdict, you must change your ways and demonstrate this to your victims, family, and the court. This is a chance for you to express yourself candidly and make your case, so be genuine and truthful. I hope this video provides you with valuable insights.


 

BE YOUR BEST ADVOCATE

 


POPULAR VIDEOS, MY YOUTUBE CHANNEL


RESOURCES

I. PRESENTENCE INTERVIEW PREPARATION
II. THE SENTENCING HEARING
III. LIFE IN PRISON, FIRST STEP ACT → WORKING TOWARD EARLY RELEASE
IV. HALFWAY HOUSE, AND HOME CONFINEMENT
V. SUPERVISED RELEASE
VI. GENERAL REFERENCE
VII. PROMISES OR GUARANTEES CAN NOT BE MADE REGARDING WHAT ANY JUDGE OR THE BOP WILL DO

1/4/2024, JESSE M. FURMAN, United States District Judge.

Under 18 U.S.C. § 3145(c), a district court has the authority to order the release of someone otherwise subject to mandatory detention pursuant to Section 3143(a)(2) if, among other things,

“…it is clearly shown that there are exceptional reasons why such a person’s detention would not be appropriate.”


 

I. PRESENTENCE INTERVIEW PREPARATION

Personal I.D., Biographical Background, Specific Documents Requested, Personal NARRATIVE, and RELEASE Plan, All Provided To Your Probation Officer 1-2 Weeks Before Your Presentence Interview.

WHY?
1. Preparing for your Presentence Interview by providing all the information your Probation Officer needs 1-2 weeks before the Interview shows respect for their time and allows them to gain insight into your history and character before your meeting.
2. Your meeting now is not rushed, allowing your officer to get to know you personally, which can work in your favor.

 

👉 Should you have any questions or wish to engage my services, Call 240.888.7778.

-Marc Blatstein

 


 

II. THE SENTENCING HEARING


 

HOW TO SHORTEN YOUR STAY*

Even though she took her case to Trial, Elizabeth Holmes can still show her STAKEHOLDERS that as head of her company, she accepted responsibility for her actions. Agreeing with the court and after time to think, she can feel remorse for the Victims she created – from those who freely gave their reputations to help her to those who believed and invested in her. Through this video, I show how working toward an earlier release date is possible.


 

III. LIFE IN PRISON – FIRST STEP ACT → WORKING TOWARD EARLY RELEASE


 

IV. HALFWAY HOUSE, RESIDENTIAL REENTRY CENTER, AND HOME CONFINEMENT


 

V. SUPERVISED RELEASE


 

VI. GENERAL REFERENCE


 

VII.  PROMISES OR GUARANTEES CAN NOT BE MADE REGARDING WHAT ANY JUDGE OR THE BOP WILL DO.

  • Your Legal Team and The Prosecutor have come to a sentence agreement that’s below the Guidelines.
    1. Still, The final decision still rests with Your Judge – And you have no control over the Process.
    2. Take Back Control and Help Your Judge Understand Who You Are and Why This Happened.
    3. Don’t Gamble With Your Future – Invest In Writing Your Personal NARRATIVE.
  • Life in prison will be filled with Disappointments and Setbacks; the only person who can control your emotions is you – Stay Positive as Prison is Temporary.
  • Use the Administrative Remedy Process for Critical Issues, following it through all parts from BP 8 → 11, and then if needed, followed by 2241.

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

-Marc Blatstein

FACING A FEDERAL INDICTMENT? YOU HAVE QUESTIONS: WE HAVE ANSWERS.

THE DOJ HAS A 98% ⚖️CONVICTION RATE 

YOU’VE BEEN INDICTED AND FACING PRISON

NOW IS NOT THE TIME TO GIVE UP

Admiral William H. McRaven, rising to become the Pentagon’s Joint Special Operations commander, masterminded the successful special ops raid on Osama bin Laden in 2011. His experiences hold for any challenging situation, including those facing federal indictments and temporary imprisonment.

His Lessons to Live By, inspired by leaders from Mandela to a young girl in Pakistan, Malala, should leave you with hope. Take 15 Minutes and watch this video; it may change your Life To – “NEVER GIVE UP.”

#10. ADMIRAL McRaven – NEVER GIVE UP



Did the FBI  wake you at 6 a.m. this morning with their search warrant?

Yes, which of these below applies to you?

  • Were you involved in PPP or other Loan Frauds?
  • As a physician, was encountering the FBI unexpected?
  • Have you heard rumors that the authorities have been asking questions?
  • You’ve worked in business or government – have things suddenly changed?
  • Are you dealing with federal charges after all the years of hard work you’ve put into building your business?
  • Were issues related to legal or illegal drugs, alcohol, gambling, or other factors contributing to your charge?

‘First,’ you need Legal Representation – we are not Lawyers.


If you have heard rumors that the FBI has been asking questions or if you’ve received a Target Letter, you have run out of time and need legal representation. Listen to my video below, as this was how it started for me.

Unfortunately, worrying won’t help you or change your current events. It didn’t for me.

It’s decision time: do you go to Trial or Plea?

  • Trials are expensive and involve hours of discovery, not counting the trial itself. At hundreds to thousands of dollars per hour – understand that by the time you learn that the DOJ is knocking at your door, their Case is Mostly Complete, and their Conviction Rate is 98%, so you may want to ask your attorney; how many cases like yours they have taken to trial (or appeal) and won.
    • Unfortunately, our justice system is far from perfect, and just feeling that you are innocent (and You May BE INNOCENT) may not be enough. That said – if your case is strong – go to trial. But all is not lost, even if you lose.
    • Do not alienate to judge, because even with a guilty verdict, you can regroup, and prepare for a successful Presentence Interview.
  • A Plea will save you money in legal bills and possibly help at sentencing because the prosecutor won’t have to spend as much time preparing for a trial. Whether you elect to go to Trial or Plea, what you do next will impact your future.
  • Preparation for your Presentence Interview needs to include your Story (Autobiography or Your Personal Narrative), a Release Plan, and your Allocution. Should you feel that you may be too nervous to speak in court, (your conversation with your Judge), you can provide your Allocution in written or Video format before your PSI. You are also allowed to bring written notes into court with you. Why? Because judges have been interviewed, and they want to hear from you, the defendant, for many reasons,

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


 

Attorneys know the law, but the nuances of navigating through Federal Prison aren’t part of a traditional legal defense. Are You Ready To Advocate For Yourself and Participate in Your Defense?

 

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

-Marc Blatstein

Sentencing mitigation requires a unique set of knowledge and skills that are of interest to both a) those facing prison and b) those who are responsible for preparing defendants to reenter society as law-abiding citizens.


PREPARATION AND KNOWLEDGE: THE 5 STEPS YOU NEED TO IMPLEMENT

1. YOUR DEFENSE
2. YOUR PRESENTENCE INTERVIEW (PSI): PHYSICIAN-ASSISTED
3. YOUR NARRATIVE AND ALLOCUTION
4. YOUR SENTENCING HEARING
5. YOUR RELEASE PLAN

1. YOUR DEFENSE 

  • Finding an experienced criminal defense lawyer is crucial when dealing with federal charges. The Department of Justice has a high conviction rate, so deciding on going to trial or plea should be carefully considered with your attorney. If the decision is “Trial,” ask your attorney how many cases like yours they have taken to trial – and won. Remember, the DOJ has a 98% Conviction Rate, meaning they usually don’t lose.
  • PROMISES AND GUARANTEES – DON’T LISTEN. Even if you have the Best Legal Team, and they tell you they have worked out an agreement with your Prosecutor for a Lessor Sentence Than The Guidelines, Be Grateful, and get it in writing.
    * Remember, Now Is Not The Time To Relax As Your Judge has Not Guaranteed, 100%, Reducing Your Sentence; Before Your Sentencing Hearing. Continue Your Preparation until the very end.
  • Properly preparing for your Presentence Interview is your next step and is critical for your future. Have you thought about what it entails?

2. YOUR PRESENTENCE INTERVIEW (PSI): PHYSICIAN-ASSISTED

a) YOUR PRESENTENCE INTERVIEW (PSI) – IT IS THAT IMPORTANT: Here, all your Personal Identification and Biographical Background information (proofread for accuracy) is provided to your Probation Officer. It is recommended that you include Your Personal NARRATIVE and Release Plan. WHY?

 

YOUR NARRATIVE INCLUDED IN YOUR PRESENTENCE REPORT – WILL HELP HUMANIZE YOU TO YOUR JUDGE.

    • Everything should be provided to your Probation Officer 1-2 weeks before your Interview. This will result in a less stressful interview day as the officer already knows your background and can take the time to get to know you personally. Asking any remaining questions they may have, they may come away with a more positive view of who you are.
    • The Probation Officer next drafts your OFFICIAL PRESENTENCE REPORT.

b) THE PRESENTENCE REPORT CONTROLS YOUR FUTURE – MEDICAL CARE:
(1) MEDICATION AVAILABILITY: This is important, and attention should be paid to the BOP Generic Drug List (Formulary) for availability as it is online – because this is All There Is. After surrendering, you do not want to learn your medications are different or unavailable.  Non-Formulary or Not Available medications must be addressed with your physician before your Presentence Interview, and should the need arise, these issues should be addressed and solved before your interview date.

(2) MEDICAL: This, too, is important. Why? A recent article noted: (1) 1 IN 4 INMATE DEATHS HAPPENED IN THE SAME PRISON. Being proactive includes providing a comprehensive medical history long before the Presentence Interview, and you set foot in prison. If you need another excuse to act, (2) October 10, 2022, Judge Holds Federal Bureau of Prisons in Contempt for Allowing Man To Waste Away From Untreated Cancer.

    • When providing medical care to individuals with unique medical conditions in the Bureau of Prisons (BOP), it is crucial to have your comprehensive medical history prepared and documented before your Interview date, including all medical records.
    • This includes reports of surgeries (including pathology reports), diagnostic X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports and tests on CD or Flash Drives). All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.

This provides you with the ‘best chances’ of getting appropriate care; it is essential to gather all relevant contact information for your current treating physicians, including their names, phone numbers, email, and addresses. 

    • Preparing thoroughly for The Presentence Interview is advisable, especially if any concerns about medical care come from the patient, their attorney, or the treating physician. Doing this in advance makes it possible to plan strategically and ensure the patient/defendant is in the best position to receive the necessary care during their time in the BOP. This is urgently recommended in an age where staffing shortages in all areas exist, extending into medical providers in The BOP Federal Medical Centers.
    • I keep adding: No Guarantees – because there are none regarding all aspects of your life once incarcerated. Your best defense is being prepared before and for your Presentence Interview, which includes appointing someone you trust with Power of Attorney. Should you discover that the BOP is not, or cannot provide, the medical care you need, it’s time to involve the court, your attorney, and those attorneys representing the BOP, per their policy statement (#9). If there are concerns before your Interview – begin that process today.
    • Why? If you ever need a second opinion while in prison, this could take up to 36 months (or more) if this is even allowed. Second, the Clinical Director of your facility is not required to follow the Specialist’s Recommendations regarding your medical care. Having your Past Medical History included could make the difference. Again, there are no guarantees, but the last option is The Administrative Remedy Process to fall back on.

(3) SENTENCING: This is your first opportunity to meet and speak with your Judge. By this point, the Judge already knows all about you from your INDICTMENT and likely has a sentence in mind. Your only hope of changing their mind is by helping your Judge understand Who You Are – and this can be done by writing your NARRATIVE and RELEASE PLAN and including them in your Presentence Report, which is now under seal.

Including Your NARRATIVE, Personal Identification, and Biographical Background information to your Probation Officer 1-2 weeks before your Presentence Interview, will help prepare you for your ALLOCUTION.

c) MAKING YOUR BOP PLACEMENT REQUEST is a 3-step simple process. To assist you in presenting a strong placement request to the court, please download our sample BOP (Bureau of Prisons) Placement Request Packet. We include programs specifically designed to support the successful placement and rehabilitation of the defendant. By providing this information to the court, you can demonstrate a clear plan for your client’s rehabilitation and increase the likelihood of a favorable outcome. 👉 FPC Alderson.

d) AS A LICENSED PROVIDER, I have 30+ years of personal experience in healthcare, along with how medical care is delivered in prison due to my felony conviction in 2006 when I was incarcerated. With the support of colleagues, my medical license was reinstated in 2010, and several years later, I transitioned from patient care, taking what I have learned to provide Preparation and Knowledge to those facing the reality of federal prison.

    • I want to ease your concerns and answer all of the questions you and your loved ones have as you go through this life-altering event together. With Preparation and the Knowledge that prison is temporary, you will be best positioned, knowing what to expect when entering and the work you’ll need to do to help expedite your release. At the same time, it’s important to remember that the BOP holds the final decision-making power in this process. Therefore, neither I nor any attorney, consultant, or mitigation expert can guarantee any specific outcome.

3. YOUR NARRATIVE AND ALLOCUTION

Navigating through Federal Prison is not usually part of a traditional legal defense. This requires a unique set of knowledge and skills after a guilty verdict or plea and is of interest to your STAKEHOLDERS. Specifically, the NARRATIVE, ALLOCUTION, and RELEASE PLAN are of interest to your judge and the other STAKEHOLDERS you haven’t yet met. Are you prepared?


4. YOUR SENTENCING HEARING

In addition to your legal defense, are you prepared to meet your Judge, and if so, what are you planning to say? Have you read your attorney’s Sentencing Memorandum? Is your NARRATIVE and just a few Character Letters attached? Are you and your legal team prepared to make the 3-point BOP Placement Request?


 

5. YOUR RELEASE PLAN

Your plans to reenter your life take on serious meaning the closer you get to your release date. What was your plan, if any? Can you retire as you’re financially set for your remaining years, or do you have to co-parent or care for a family member? Do you have a plan once released, to ease yourself back into the workforce? Unfortunately, most had no plan, and that can be a humbling experience.

This is where the idea of Creating a Release Plan comes from, and though it starts small before your Presentence Interview – as it’s put to paper, it evolves. Mine looked more like a drunken sailor when I started; I was taking daily notes in Pensacola Camp, thinking about this type of work – but mostly thinking about my appeal (silly as the majority fail) and my wondering if I would ever practice again. I never considered arriving at my court date only to have my appeal denied and then be resentenced – I just assumed that the judge would say yes or no. Who Knew?

This is a longer story; my license to practice was reinstated in 2010, and for the rest, call me.


Contact me if you need recommendations for attorneys who practice Federal Criminal Defense and have experience in Federal Court. These should be attorneys with experience in cases like yours and empathy for your stress.


 

This video is for you. If you received a Target letter invitation to speak to a Grand Jury – get Legal Representation first. For a federal crime, it is best to have an attorney who practices federal criminal defense, having had cases similar to yours, and practices in federal court. It sounds obvious, except for those unfortunate few who just wing it.

Your Judge Sees a Lot of Defendants – How Are ‘You’ Different?


Your Judge Already Knows 
The DOJ wants you in Jail.
The Prosecutor wants to convict you.
Your Attorney is paid to keep you out of prison.

Judges Also Know That Crimes Aren’t Committed In A Vacuum.
This is Your Opportunity to Help Your Judge Understand Who You Are: Allocutions Are Not Meaningless

Federal Judge Mark Bennett is among many judges who agree with 👉 incorporating your Personal Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense – without making excuses for your actions.

It is crucial to take responsibility for your actions, express genuine regret for the harm caused to your victims, and speak humbly from the heart during your court appearance. To help your judge understand who you are, refer to the Personal Narrative in your Presentence Report. I recommend watching my video (below) for further guidance on communicating your story and showing remorse effectively.

Are You Prepared Today – To Speak To Your Judge?

Speaking from the heart could influence the courts and impact your sentence – for the BETTER. On the other hand, if you are not prepared, it may be best not to say anything. 


Do You Feel Prepared For Your Presentence  Interview? Have You Picked The Right Attorney – For You? Are You Comfortable (Nervous Is OK) To Speak With Your Judge at Sentencing?

 

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

-Marc Blatstein

We are not Attorneys; you need Legal Representation.


No one can guarantee results, as the outcome at the end of the day rests with your attorney, the Judge, and The Federal Bureau of Prisons. Once inside, as in life, some staff will genuinely care about you and their job, while others look at you as a number. The only person who can control Your Reactions and Emotions  Is You.


Don’t let this be a missed opportunity!

PPRSUS is here to help.

Photo Credit: https://www.instagram.com/ngu.donaldtong/?ref=pexels

Federal Sentencing: From PSR Preparation To Drafting The BOP Placement Request

In ALL cases, preparing for the Sentencing Hearing should start as soon as possible.
Why?
a) Depending on whether it’s a state or federal case, there may only be weeks (or months) after the guilty verdict.
b) Getting all medical records via the HIPPA release can take a long time as some physicians and hospitals have been busy, especially in the age of COVID-19. HIPAA-COMPLIANT AUTHORIZATION FOR THE RELEASE OF PATIENT INFORMATION PURSUANT TO 45 CFR 164.508.
c) Coordinating character references, expert witnesses, and documentation for their PSR all takes time.
d) Developing the PSR, along with recommendations for placement, takes time.

 

I- The Presentence Report is used by;
1st) Judges
To establish the length of the sentence, along with they have the option to make a placement request.

2nd) The BOP, For Use It For Facility Placement.

3rd) Probation: Use it during Supervised Release.

4th) It then becomes a permanent part of the defendant’s record.

5th) Lastly, for inmates, it’s referred to as the ‘Inmates Bible.’

 

II) Sentence Length Determined By The Court based on;

2021 (Released), Judiciary Sentencing INformation (JSIN) In real-time, the platform provides quick and easy online access to sentencing data for similarly situated defendants – An Updated USSC Sentencing Table.

USSC Sentencing Table (Point Based), [2018, CHAPTER 5: SENTENCING TABLE]
Offense Level (0-43+): *24+ categories.

Vs
Criminal History (0-13+)
Points for each prior sentence > 1 Year + 1 Month.
Points for each prior sentence > 60 days, not counted above.
Point for each prior sentence, <= 60 days not counted above, for up to a maximum of 4 points in this category.
Points for each revocation with a new charge or under federal supervision.
Point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points as noted above because such sentence was treated as a single sentence, up to a total of 3 points for this subsection.

 

III) BOP Determines Placement Designation
1st) Healthcare: provided based on a CARE LEVEL I-IV Structure
Applies to Medical and Mental Healthcare CARE LEVELs.
Psychology and Life Skills National Programs have now been embedded into the First Step Act, with its limited availability and associated security requirements.
There are approximately 3,500 Medications in the BOP, which fall into 3 tiers. PPRS Prison Match™ has all of these drugs categorized by tier level should this apply to your client.
Is there a special diet request?
Allergies: all need to be documented in the PSR.

2nd) Non-Medical Placement is based on;
Bed Space Availability. 
Aspirational: placement within 500 driving miles of legal residence.
Population Management: some inmates, for specified reasons, need to be monitored or separated from others.

2a) Public Safety Factors (PSF) & Management Variables [P5100.08, CN-I, 9/4/2019, Tables: Chapter 5, pages 12-13]
Could a Public Safety Factor (PSF: Chapter 4, pages 5-13) warrant a reduced security level?
Accepting Responsibility (may get point reductions).
Voluntary Surrender (gets point reductions).
Drug / Alcohol Abuse may allow RDAP.
RDAP; Required usage is within 1 year prior to the date arrested (illegal or legal medications or drugs).
AGE: 55+ (0Pts), 36-54 (2pts), 25-35 (4pts), <25 (8pts), Unknown (8pts).
Education Level: High School (0pts), GED Progress (1pt), No degree (2pts).

Sentence Length
>10 years – Low
>20 yrs – Medium, (Females: High)
>30 yrs – High

Disruptive Group
Male inmates will be housed in a High-security level institution unless the PSF has been waived.

Greatest Severity Offense
Males will be housed in at least a Low-security level institution unless the PSF has been waived.

Threat to Government Official
Male or female will be housed in at least a Low.

Deportable Alien: (male inmate who is not a citizen will be housed in at least a Low).

History Violent Behavior
A female inmate whose current term of confinement or history involves two convictions or findings – Low.

Serious Escape
A female, serious escape with the last 10 yrs. designated to Carswell Adm. Unit unless the PSF has been waived.
A male inmate with or without the threat of violence or escapes housed in at least a Medium.

Juvenile Violence
A male or female who has any documented:
a) Violent behavior, past or present, which resulted in a conviction, delinquency adjudication, or finding of guilt.
b) Violence: aggressive behavior causing bodily harm, death, or behavior likely to cause serious bodily harm. 

Serious Phone Abuse
a) A male or female who utilizes the telephone to further criminal activities or Promote Illicit Organizations.
b) Conviction is Not Required, housed at least in a Low.
c) The PSF should be entered regarding any one of the following, if applicable.

Criminal acts conducted by telephone
-Leader/Organizer or primary motivator; or
a) communicate threats of bodily injury, death, assaults, or homicides.
b) conducts Fraudulent activity (actual or attempted) in an institution.
-Leader / Organizer who used the telephone to conduct fraudulent activity (actual or attempted)…
a) Smuggled narcotics or alcohol into a prison.
-Federal Law Enforcement notifies the BOP of concern and needs to monitor an inmate’s telephone calls…
a) The inmate has been found guilty of a 100 or 200-level offense code for telephone abuse.
b) A Bureau of Prisons official has reasonable suspicion and/or documented intelligence supporting telephone abuse.

Prison Disturbance
A male or female inmate who was involved in a serious incident of violence, Engaging / Encouraging a Riot:
a) Males will be housed in at least a HIGH-security level institution and
b) Females will be assigned to the Carswell Adm. Unit.

2b) Plus
a) Judicial Recommendations
b) Options For Work Cadre Participation (at secure facilities without satellite camps), where the inmate is allowed to work outside the perimeter of the institution.
c) PSF Waved: An inmate may receive up to three Public Safety Factors (PSFs) wavers.
d) Long Term Detainee transfers for positive or negative behavior may cause placement in a facility different from the scored security or custody level.

 

IV) Making The Placement Request
In recommending a facility placement, it’s helpful to provide a reason, for example:
To facilitate regular family visitation, or
To permit participation in a specific:
a) Medical CARE LEVEL
b) Mental Healthcare CARE LEVEL
c) Psychology has limited in availability and has associated security requirements.
d) Vocational Training Program
e) UNICOR job availability

 

V) Military: Is your client a Veteran?
If possible, connect your client with a facility that caters to veterans.
FCI Morgantown started a Veterans to Veterans Service Dog Training Program in 2016.
The Participants are federally imprisoned military veterans housed in a special wing responsible for training service guide dogs for veterans with mobility impairments, Post Traumatic Stress Disorder (PTSD), or other military service missions.

If you’d like to discuss this, I look forward to speaking with you.

Dr. Blatstein

Physician Presentence Report Service

info@PPRSUS.com, 240.888.7778

How Prepared – Really, is Your Client For Their First Day In The BOP?

How Prepared – Really, is Your Client For Their First Day In The BOP?

The Sentencing Hearing. While this phase of your client’s defense has reached its apparent conclusion, practically speaking, some defendants may still be unprepared for their 1st day in the BOP. They naturally are nervous, terrified, and anxious, but some, after arrival find themselves faced with a series of events that could result in off-the-chart-anxiety, and even medical harm, most of which could have all been avoided.

Each client is different, and as such will handle prison life, and all of its nuances in their own way, some better than others. I emphasize the importance of minimizing some of the unnecessary stresses that can be avoided. With just a little bit of effort and time, your client and their family will be grateful for that bit of understanding regarding what they are about to encounter.

Being allowed to self-surrender can be a significant relief. For others, they are taken right into custody.

For those lucky enough to self-surrender, this is still a terrifying experience, but we all adjust over time. But if you’re surrendering to a satellite prison camp, these are adjacent to higher security facilities, and therefore you must first present yourself there, and not the satellite camp. And in case you ask – with higher security comes long guns and a “more secure and overall tense” atmosphere. I mention this because Federal Prison Camps (FPC), do not have adjacent higher secure facilities, as they are free-standing.

Once you present yourself, only to learn that your court’s orders have not yet arrived, you likely will find yourself placed in a single cell, asking why? If you were never claustrophobic – you could be now. Should this be your first time in any sort of prison or even being handcuffed – this can be terrifying. I know this to be so because unfortunately, it happened to me. I’m willing to share my experience – so give me a call, which includes my license being fully restored.

For your client’s well-being, verify that the required court intake paperwork has been received by the BOP facility – before your client’s arrival. While BOP Policy states that single secure cells used in these cases cannot be ‘isolation cells’ for > 23 hours/day, as a new person presenting to a camp, being surprised and isolated in a single secure cell for just ’30 minutes’, was horrifying enough, thank you! Then with staff shortages, don’t hold your breath regarding the frequency of staff stopping by.

Reasons, why a single secure cell could be used: 1) court intake orders were not received, 2) Medical (contagious, ie. COVID -2020) or Inmate Safety, 3) lack of bed space. Each of these issues may have been anticipated by legal before the defendants’ arrival and considered before the PSI. Rest assured, if they were given a heads-up that a single cell may be in their future, most clients would have seriously questioned, why.

Colette Peters, Director of The Federal BOP. There is great anticipation regarding Dir. Peters’s ability to make significant changes within the BOP, but only time will tell. The BOP is a very large conglomerate, and change does not happen overnight.

The federal system, while having more oversight, is held to a higher standard and is supposed to pay greater attention to healthcare and programming needs. While these may not be what we are used to on the outside, compared with some individual state prisons (which is pushing the bar Very Low), and county jails (also Much Lower) around the nation, the hope is that with Director Peters, the BOP will fare much better.

A program that excels: There are bright spots among state facilities though, among them is a program called: The Last Mile which prepares and educates inmates for release and helps get them to find good-paying jobs through their partners.

BOP Visitor Form

BOP TRULINCS Email

Sample BOP Commissary List

BOP MEDICAL INTAKE SCREENING UPON ARRIVAL

Sample BOP INMATE ADMISSION & ORIENTATION HANDBOOK

><

Opinion. I believe that the responsibility for a client’s Mental and Physical Health should be safeguarded to protect them from themselves and others, …while providing a safe environment for the duration of their incarceration. Ultimately this is the responsibility of the Court, Defense Team, and BOP.

If this was helpful, please share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services (getting your message on the record – is best done before the PSI, and also could support your BOP placement request), or have any suggestions for future topics, I am easy to reach, and thank you for your time.

No alt text provided for this image

Marc, Dr. Blatstein

  • PPRSUS.com
  • info@PPRSUS.com
  • Voice: 240-888-7778
  • For more information on the BOP: www.bop.gov
  • Watch our 50+ minute PowerPoint Presentation, (of CLE Quality), which can be time adjusted to meet your needs.
  • As seen on LinkedIn

Copyright © 2021-2022 Physician Presentence Report Service, LLC, (PPRS Disclaimer)

FACING A FEDERAL INDICTMENT – WHAT DO YOU DO?

THE DOJ HAS A 98% CONVICTION RATE 

INDICTED AND FACING PRISON IS TERRIFYING

NOW IS NOT THE TIME TO GIVE UP

William H. McRaven, rising through the ranks to become commander of the Pentagon’s Joint Special Operations Command, was credited for organizing and overseeing the execution of Operation Neptune’s Spear, the special ops raid on Osama bin Laden on May 2, 2011. Admiral McRaven’s experiences and challenges hold true whether in those challenging times of warfare as a member of SEAL Team Six or to those of us facing Federal Indictments and a temporary stay in Prison.

His 10 Lessons to Live By, inspired by leaders like Mandela, to a young girl in Pakistan, Malala, should leave you with hope. Take 15 Minutes and watch this video; it may Change Your Paradigm on Life To NEVER GIVE UP.”

#10. NEVER GIVE UP

Did the FBI  wake you at 6 a.m. this morning with their warrant?

Yes, which of these below applies to you?

      • Were you involved in PPP or other Loan Frauds?
      • As a physician, was encountering the FBI unexpected?
      • Have you heard any rumors about the authorities asking questions?
      • You’ve worked in business or government, where things suddenly changed?
      • Are you dealing with federal charges after all the hard work you put into building your business?
      • Were issues related to legal or illegal drugs, alcohol, gambling, or ‘others’ involved in your charge?
      • ‘First,’ you need Legal Representation – we are not Lawyers.

It’s decision time: do you go to Trial or Plea?

  • Trials are expensive and involve hours of discovery, not counting the trial itself. At hundreds to thousands of dollars per hour – the DOJ still has a 98% Conviction Rate, so you may want to ask your attorney how many cases like yours they have taken to trial and won. Unfortunately, our justice system is far from perfect, and feeling that you are innocent may not be enough. That said – if your case is strong – go to trial. All is not lost, even if you lose.
  • A Plea will save you money and possibly help at sentencing because it will save your attorney billable hours, and the prosecutor wouldn’t have to spend as much time preparing for a trial. Whether you elect to go to Trial or Plea, what you do next will impact your future.
  • Your Presentence Interview, in addition to everything else – needs to include your Story (Autobiography) or Personal Narrative, a Release Plan, and Allocution, which is where you speak with your judge. Why? Because judges have been interviewed, and they want to hear from you, the defendant, for many reasons,

1st) They want to believe that you’ve accepted responsibility for your actions.
2nd) Have remorse for the pain you have inflicted on your victims.
3rd) They understand that crimes do not happen in a vacuum – and want to learn what happened in your life that brought you to this point where you broke the law.
4th) What is your plan not to return to their courtroom?
5th) Were there other ramifications, such as losing your professional license to practice in a career that you love or
6th) Have you always provided community service or volunteered in your community – doing what?


Attorneys know the law, but the nuances of navigating through Federal Prison aren’t part of a traditional legal defense. Are You Now Ready To Start? 

Give me a call, 240.888.7778 – I personally answer and return all calls.

Sentencing Mitigation requires a unique set of knowledge and skills that are of interest to both a) those facing Prison, as well and b) those who are responsible for preparing you to reenter society as Law Abiding Citizens – ‘Your STAKEHOLDERS.’


PREPARATION: WHAT YOU SHOULD KNOW, STEPS #1-4,

1st YOUR DEFENSE
2nd YOUR PRESENTENCE REPORT (PSR): PHYSICIAN ASSISTED
3rd, YOUR NARRATIVE, RELEASE PLAN, AND ALLOCUTION
4th AT SENTENCING

 

1st YOUR DEFENSE 

  • Finding an experienced criminal defense lawyer is crucial when dealing with federal charges. The Department of Justice has a high conviction rate, so deciding on going to trial or plea should be carefully considered with your attorney. If the decision is “Trial,” ask your attorney how many cases they have taken to trial – and won. Remember, the DOJ has a 98% Conviction Rate, meaning they usually don’t lose.
  • Properly preparing for your presentence interview is your next step and is critical for your future. Have you thought about what it entails?

 

2nd YOUR PRESENTENCE REPORT (PSR): PHYSICIAN ASSISTED

a) YOUR PRESENTENCE INTERVIEW (PSI) – IS THAT IMPORTANT: Here, all your Personal Identification and Biographical Background information (proofread for accuracy) is provided to your Probation Officer. It is recommended that you include Your Personal NARRATIVE and Release Plan. WHY?


 

YOUR NARRATIVE INCLUDED IN YOUR PRESENTENCE REPORT – WILL HELP HUMANIZE YOU TO YOUR JUDGE.

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


    • Everything should be provided to your Probation Officer 1-2 weeks before your Interview. This will result in a less stressful interview day as the Officer already knows your background and can take their time to get to know you personally. Asking any remaining questions they may have, they may come away with a more positive view of who you are.
    • The Probation Officer next drafts your OFFICIAL PRESENTENCE REPORT.

b) THE PRESENTENCE REPORT CONTROLS YOUR FUTURE – IT INCLUDES YOUR:
(1)MEDICATIONS: should is important, and attention should be paid to the BOP Generic Drug List (Formulary) for availability – because this is All There Is. You do not want to learn this after you surrender.  Non-Formulary or Not Available medications must be addressed by reviewing the online BOP medication list with your physician before your Presentence Interview. Should the need arise, these issues should be addressed before your interview date.

(2) MEDICAL: This, too, is important, as a recent article noted 1 IN 4 INMATE DEATHS HAPPENED IN THE SAME PRISON. WHY?  Being proactive includes obtaining a comprehensive medical history long before the Presentence Interview, and you set foot in prison. Or, October 10, 2022, Judge Holds Federal Bureau of Prisons in Contempt for Allowing Man To Waste Away From Untreated Cancer.

    • 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 prepared and documented before your Interview date 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 and tests 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 receives the appropriate care, it is essential to gather all relevant information, documentation, and contact information for your current treating 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 this in advance makes it possible to plan strategically and ensure that the patient/defendant receives the necessary care during their time in the BOP.
    • I’ll keep adding: No Guarantees because there are none regarding all aspects of your life once incarcerated. Your best defense is being as best prepared at the beginning as you can, including appointing someone you trust with Power of Attorney.
    • Why? If you ever need a second opinion while in prison, first, this could take up to 36 months if this is even allowed. Second, the Clinical Director of your facility is not required to follow the Specialist’s Recommendations regarding your medical care. Having your Past Medical History included could make the difference. Again, no guarantees, but you have The Administrative Remedy Process to fall back on as your next step.

(3) SENTENCING: This is your first opportunity to meet and speak with your Judge. By this point, the Judge already knows all about you from your INDICTMENT and likely has a sentence in mind. Your only hope of changing their mind is by helping your Judge understand Who You Are – and this can be done by writing your NARRATIVE, ALLOCUTION, and RELEASE PLAN and including them in your Presentence Report under seal. Along with your Personal Identification and Biographical Background information that was provided to your Probation Officer 1-2 weeks before your Presentence Interview, be prepared to have your conversation with the judge.

c) MAKING YOUR BOP PLACEMENT REQUEST is a 3-step simple process. Our BOP Packet is provided to your defense counsel for presentation to the court and includes the Programs Supporting Your Placement Request, Example 👉 FPC Alderson.

d) AS A LICENSED PROVIDER, I have 30+ years of personal experience in healthcare as well as with how medical care is delivered in prison due to my felony conviction in 2006 when I was incarcerated. With the support of colleagues, my medical license was reinstated in 2010, and several years later, I transitioned from patient care, taking what I have learned to provide Preparation and Knowledge to those facing the reality of federal prison.

    • My goal is to help ease any concerns that may arise for individuals and their families experiencing these life-changing events. Although I am no longer directly involved in patient care, I remain committed to positively impacting those I interact with. At the same time, it’s important to keep in mind that the BOP holds the final decision-making power in this process, and therefore, neither I nor any attorney, consultant, or other mitigation expert can guarantee any specific outcomes from their or my recommendations.

 

3rd, YOUR NARRATIVE, RELEASE PLAN, AND ALLOCUTION

  • Navigating through Federal Prison is not usually part of a traditional legal defense. This requires a unique set of knowledge and skills that are needed after the guilty verdict or plea and are of interest to your Judge at sentencing. The NARRATIVE, ALLOCUTIONand RELEASE PLAN are of interest to your judge and other STAKEHOLDERS you haven’t yet met. ARE YOU PREPARED?

 

4th AT SENTENCING

  • In addition to your legal defense, are you prepared to meet your Judge, and if so, what are you planning to say? Have you read your attorney’s Sentencing Memorandum? Is your NARRATIVE and a Few Character Letters attached? Are you and your legal team prepared to make the 3-point BOP Placement Request?

Contact me if you need recommendations for attorneys who practice Federal Criminal Defense and have experience in Federal Court. These should be attorneys with experience in cases like yours and are also empathetic to the stresses you are going through.


 

This video is for you. If you received a Target letter invitation to speak to a Grand Jury, you need Legal Representation. For a federal crime, it is best to have an attorney who practices federal criminal defense, having had cases similar to yours, and practices in federal court. After that, hopefully, you will have time for follow-up questions to see if he/she is the best fit for you.

  1. Federal Judge Mark Bennett (YouTube above) highlights the significance of incorporating your personal account or Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense. Taking responsibility for your actions, expressing regret for the harm you caused, and speaking humbly from the heart are all imperative during your court appearance.

    Your Judge Already Knows 
    The DOJ wants you in Jail.
    The Prosecutor wants to convict you.
    Your Attorney is paid to keep you out of prison.
    Judges Also Know That Crimes Aren’t Committed In A Vacuum.
    This is Your Opportunity to Help Your Judge Understand Who You Are

    Federal Judge Mark Bennett (YouTube above) highlights the significance of incorporating your personal account or Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense. Taking responsibility for your actions, expressing regret for the harm you caused, and speaking humbly from the heart are all imperative during your court appearance. Listen to my video, and help your judge understand who you are while challenging the DOJ INDICTMENT with your Personal NARRATIVE  included in your Presentence Report.

    What have you planned to say as you stand at your sentencing hearing, anticipating your conversation with your Judge?

     

    Speaking from the heart could influence the courts and impact your sentence – for the BETTER. On the other hand, if you are not prepared, it may be best not to say anything.


    DO YOU FEEL PREPARED FOR YOUR PRESENTENCE INTERVIEW? HAVE YOU PICKED THE RIGHT ATTORNEY – FOR YOU? ARE YOU COMFORTABLE (NERVOUS IS OK) TO SPEAK WITH YOUR JUDGE AT SENTENCING?

     

    For a personal, one-on-one call to discuss your legal issue, or that of a loved one, call me; I personally answer and return all of my calls (240.888.7778). Marc Blatstein

    We are not Attorneys; you need Legal Representation.


    No one can guarantee results, as the outcome at the end of the day rests with your attorney, the Judge, and The Federal Bureau of Prisons. Once inside, as in life, there will be staff genuinely caring about you and their job, while others look at you as a number. The only person who can control Your Reactions and Emotions  Is You.


    Don’t let this be a missed opportunity!

    PPRSUS is here to help.

FEDERAL INDICTMENT. 98% GO TO PRISON – LEARN THE STEPS THAT MAY LESSEN YOUR SENTENCE.

WHITE-COLLAR INDICTED AND FACING PRISON

In this short video, if you have received a Target Letter or you hear rumors that the FBI is asking questions, do Not Wait To Get legal representation. This happened to me, and I thought at first, “This is crazy,” but it’s not, and by the time you find out, you are the last one to know, as the DOJ’s case is 98% complete. Please listen, learn, and act.

The FBI Has Targeted You – 98% Get Convicted.

Judge Robert Scola
“Criminal defense attorneys should emulate their death penalty colleagues… start preparing for sentencing ASAP”;

It is of utmost importance to commence the preparation for sentencing at an early stage as The DOJ has a 98% Conviction Rate, and the target ultimately ends up confronting prison. This proactive approach to knowledge and preparation can help alleviate any potential anxiety while allowing for a thorough assessment of the case’s strengths and weaknesses to be conducted. By doing so, the defendant can ensure they present the best case to the judge and potentially receive the best possible outcome.


Listen to the video – if this is you, please start interviewing attorneys.
You know the Feds are asking questions before anything else – then it’s important to find a White-Collar Attorney specializing in Federal Criminal Defense, taking cases like yours, and practicing in Federal Court. It’s crucial to ask questions beforehand to avoid regrets after sentencing. You don’t want to discover that your defense was “missing in action” later, as it may be too late to act. Remember, this is your life, and needing a redo can be time-consuming, expensive, and may not even be possible.

MORE QUESTIONS.

    • Is prison safe?
    • Will I have to go to jail?
    • Which is better, Trial or Plea?
    • What kind of documents do I need?
    • What or who do you ask?
    • How long will this take?
    • Questions upon questions, and who do I call?
    • What Do you need to know and be prepared to do?
    • If you’re willing to help in your defense, Let’s Talk – You Have Nothing To Lose.

We are not Attorneys; you need Legal Representation.


In this video, I review the process of interviewing attorneys and what questions to ask.
You’d like several referrals (before I had surgery, I asked for patient referrals…), and after speaking with a couple, then ask to see several Sentencing Memorandums for cases like yours. You’re looking to see if they read the same. If HIPPA comes up, agree, but with PDF documents, they can Blackout or Redact all personal information. If they look similar – move on.

Now comes the law, which Attorneys know, but the nuances of navigating prison are not part of a traditional defense, as most attorneys haven’t been to prison, which is good. Further, they don’t have the hours to get to know you, your background, and the events that have occurred to you since childhood until today that resulted in your current criminal charge. They’re likely great lawyers but don’t have the staff or time to learn “who you are, and the why,” which is relevant to your charges and to your judge – and could mitigate your sentence. It’s not that simple, but it is. Please listen, as this is also in PowerPoint.

BE TRUTHFUL WITH YOUR ATTORNEY. OTHERWISE, THEY CAN NOT BE PROPERLY PREPARED TO DEFEND YOU.

Dealing with a federal indictment can be an incredibly challenging experience. Have you taken the necessary steps to prepare for your upcoming sentencing hearing and Presentence Interview, which could significantly impact your future?


YOUR JUDGE SEES A LOT OF DEFENDANTS – HOW WILL YOU STAND OUT?

INCLUDING YOUR NARRATIVE IN YOUR PRESENTENCE REPORT WILL HELP HUMANIZE YOU TO YOUR JUDGE.

Federal Judge Mark Bennett comments on the importance of Your ALLOCUTION.

 

Are You Prepared to Speak to Your Judge?

 


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

-Marc Blatstein


I. PREPARATION, IN ADDITION TO YOUR ATTORNEY’S EFFORTS – INCLUDES KNOWING

    • What Goes Into the Reentry Plan?
    • Stakeholders – who and what are they?
    • What Goes Into the Personal Narrative?
    • What Goes Into Preparing to Self-Surrender?
    • What Goes Into a Comprehensive Presentence Interview?

II. If You Know Where You Fall In The Sentencing Guidelines, you can see if your actions reflect a lower Offense Level number:

III. ARE YOU PREPARED?


No Matter Where You are in The Investigation Process | There Are Always Things We Can Do

We are not Attorneys; you need Legal Representation.


* Consider including experts as part of your legal team from the start:  Sentencing Mitigation, BOP Placement, Personal Narrative, and Reentry  Planning 


Visit My  2022 YouTube VIDEO SERIES: “YOU’VE BEEN FOUND GUILTY – Next Steps,” or Podcasts

If you’re INDICTED or are Facing INDICTMENT, what you do next should be based on a strategic set of decisions. Part of this was my story, which was the opposite of everything I recommend on my website and YouTube. Why? Because I was terrified and lacked all of the Knowledge (with no Preparation) that I am sharing with you today – really! As the video is a PowerPoint, there is a lot here, I hope it’s easy to understand.


PPRS Provides Personalized White-Collar

Presentence Interview and Narrative Preparation

BOP Placement Request Options, Presented in a Court-Ready Format (This Is Our BOP Packet For Presentation To The Court, which includes The Programs Supporting Your Placement Request, Example –FPC Alderson).


 

Engagement before the Presentence Interview is recommended.

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

-Marc Blatstein


Photo Credit: https://instagram.com/dpopbes/, https://rawpixel.com/

PRESENTENCE INTERVIEW PREPARATION, ⚖️TREATMENTS THAT ARE ‘ALLOWED’ IN FEDERAL PRISON – BUT NO🤞 GUARANTEES…

PRESENTENCE INTERVIEW PREPARATION, ⚖️TREATMENTS THAT ARE ‘ALLOWED’ IN FEDERAL PRISON – BUT NO🤞 GUARANTEES…

👉The DOJ encourages corporations and individuals to adopt strong ethical guidelines, internal controls, and compliance programs to prevent and detect any malfeasance – until they don’t.

This short YouTube includes my commentary on an article I co-published in The Federal Lawyer 1/2021, regarding The Critical Role of The Presentence Report.


👉SCOPE OF MEDICAL SERVICES – CATEGORIES OF CARE (Program Statement 6031.01, Patient Care, Pages 5-7)

Note: Ordinarily, pretrial or non-sentenced inmates, and inmates with less than 12 months to serve, are ineligible for health services in subsections III., IV., and V. Subsections IV and V are also usually not provided.

All of this emphasizes the reasons for the preparation of a Complete, Accurate, and overly Comprehensive,👉 Presentence Report.

  • If you are being sentenced, have a medical condition that requires surgery (for example, orthopedic, that adversely affects your Activity of Daily Living, or have a failing Kidney that needs to be removed), but you’re unable to get the procedure before you surrender; this is when your Presentence Report is critical.
  • When accurate, it will include, 1) detailed medical records that explain your diagnosis and treatment plan, 2) what would happen if this treatment is not provided, and 3) a placement request to the appropriate BOP Federal Medical Center (FMC).
  • Your medication that is not on the BOP Formulary, or a generic drug that is either Non-Formulary or Not Available is something that you do not want to learn after your inside. Being overly Comprehensive for your Presentence Interview is a must – and a unique topic all by itself.

Why? Should you need a second opinion, or consult with a specialist, you may have to wait up to 18 months just to learn if this is even allowed. If granted, it could take another 18 months just to get your appointment. After you have had your appointment, and the Clinical Director at your facility is in receipt of the specialist’s recommendations – they (The BOP) are under No Obligation to follow those recommendations, rather, they are just placed in your file. Further, courts cannot order specific treatment or medication to be used (#9), after you have been incarcerated. Therefore, a great starting point is being prepared for the Presentence Interview, where the Probation Officer will, in turn, draft the official Presentence Report.


The BOP’s five categories upon which all medical care is provided.

I. Life-Threatening,  Medically Necessary – Acute or Emergent

■ Myocardial infarction. ■ Severe trauma such as head injuries. ■ Hemorrhage. ■ Stroke. ■ Status asthmaticus. ■ Precipitous labor or complications associated with pregnancy. ■ Detached retina, sudden loss of vision.

Treatment is essential to sustain life or function and warrants immediate attention.

II. Medically Necessary but Not Urgent,

■ Serious deterioration leading to premature death. ■ Significant reduction in the possibility of repair later without present treatment. ■ Significant pain or discomfort which impairs the inmate’s participation in activities of daily living.

While not immediately life-threatening, without treatment, the person’s overall health and, or ADL may not be maintained.

III. Medically Appropriate but Not Necessary; to improve the person’s quality of life

■ Joint replacement. ■ Reconstruction of the anterior cruciate ligament of the knee. ■ Treatment of non-cancerous skin conditions (e.g. skin tags, lipomas)

These always require review by the Institution Utilization Review regarding,

■ The risks and benefits of the treatment. ■ Available resources. ■ Natural history of the condition. ■ The effect of the intervention on inmate functioning in his/her activities of daily living.

These are considered elective procedures, to improve the inmate’s quality of life, and may or may not be allowed.

IV. Limited Medical Value.

■ Minor conditions that are self-limiting. ■ Cosmetic procedures (e.g. blepharoplasty). ■ Removal of non-cancerous skin lesions (if you have a history of skin cancer, two issues are present, (1) hope that the prison healthcare provider has this type of training to recognize Cancer, and (2) that your Presentence Report has your history reported in detail).

V. Extraordinary.

■ Organ transplant or Donor, or ■ Those Considered Investigational


👉The PRESENTENCE REPORT (PSR), IS YOUR “REFERRAL” THAT CONTROLS ALL ASPECTS OF YOUR LIFE, AND IMMEDIATE FUTURE – REDOS ARE VERY FEWEXPENSIVE, AND A HEAVY LIFT. THEREFORE ACCURACY AND COMPLETENESS CANNOT BE OVERSTATED.


If you find this helpful, please 👉subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach, and thank you for your time.

No alt text provided for this image

Marc, Dr. Blatstein

This also appears in LinkedIn

THE SENTENCING HEARING

THE SENTENCING HEARING: Is Your Client Prepared to Speak with Their ⚖️Judge?

Dr. M. Blatstein

Dr. M. Blatstein

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

What is the ‘1’ Thing that Differentiates Them from Everyone Else Entering Their Judge’s Courtroom?

Facing America’s Criminal Justice System for the first time is a life-altering, surreal, and frightening experience. The importance of preparation and working with your legal team before the presentence interview cannot be overstated.

Once this has all been completed, as an attorney, you’ve prepped your client right up to their sentencing hearing.

Then, after sentencing, there still are a lot of fears and unknowns as they face either their self-surrender date or are remanded at that time.


Attorneys know the law, but the nuances of navigating through Federal Prison aren’t traditionally part of a legal defense. This requires a unique set of knowledge and skills that interest those responsible for assessing their freedoms.


STAKEHOLDERS are part of the system that controls everything that happens following the guilty verdict and until you’re released from the Federal Bureau of Prisons. They are responsible for keeping society safe by reducing criminogenic needs for those who will eventually be released. From the Judge to the BOP Case Manager and Unit Team, to the Probation Officer on Supervised Release, and then possibly back again to the Judge to get off Supervised Release early, at each stage, these STAKEHOLDERS make decisions that impact your client’s future.


Realize that even if you’re doing everything right from the start, the only person you can control is – you, and still, there will be disappointments. Therefore, being prepared at every stage, keeping your eyes open with a positive attitude, and continuing to add to your Reentry Plan are all ingredients needed for getting home to your loved ones. Remember: No Cell Phones, No Trouble, and No Infractions.


YOUR STAKEHOLDERS

1.   Your Judge, who already knows that;

  • Your Attorney is paid to keep you out of prison or, at best, spend the least time “in prison.”
  • The Probation Officer will conduct their interview, draft the Presentence Report, and recommend your sentence and placement to the court based on your interview. Currently, all they know about you is the Narrative provided by the DOJ through their Indictment of you – this, you can change.
  •  The Prosecutor wants another conviction in his/her file. Currently, all they know about you is also the Narrative provided by the DOJ.
  • The DOJ wants Jail time.
  • But your Judge knows nothing about you – and only Your NARRATIVE can begin to change this, starting with 1st) Helping the Judge Understand Who You Are – and why You Deserve Leniency – Selling your Luxury Cars, Homes, and other stuff if You Have Financial Penalties, 2nd) What Changed in Your Life – That Caused You to Break the Law? 3rd) Invest In Yourself – You Can’t Change the Past, But You Can Change Your Future, start by writing your Story or Narrative.

2.     Your Attorney, until now, also knows nothing about your background, as their time is mostly spent on your legal defense.

3.     The Probation Officer will conduct your Presentence Interview and then write the official Presentence Report. But a week or so before your Presentence Interview, your attorney will provide your Probation Officer with your,

I. NARRATIVE,

II. REENTRY/RELEASE Plan and answers to the,

III. FSA SPARC-13 Assessment – ‘Questions‘, where appropriate, with the “Assessment Question” answers, included and woven into one document. This does not replace your ‘Interview,’ but it will help save the Officer some work (Sample Probation Presentence Interview Intake Form) while giving them time to know you before you meet in person. You also demonstrate to them that you have done your preparation.

  • Why be prepared with answers to the Assessment Questions? When you arrive at your 1st meeting with your Case Manager, these Assessments must be done and completed for your FSA Programs and Earned Time Credits (ETC) to be offered and then counted – without you taking the Assessment Survey, the programs cannot be offered.
  • During the interview, they can now ask questions and get to know you on a more personal level.
  • Some may appreciate your efforts and become advocates since they are overworked and have no time.

4.     The Prosecutor wants a conviction and only knows about you through the DOJ’s Narrative or your Indictment. Your Narrative may sway them, too.

5.     The BOP Designation Center in Texas places you into a BOP Prison without ever meeting you.

6. Your Probation Officer during Supervised Release. To date, all they know about you is the Narrative released by the DOJ through their Indictment. Your Narrative and Release Plan can change that and your life.


CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF

The Personal NarrativeReentry-Release Plan, and answers to the SPARC-13 Assessment 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 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. 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.

  1. 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].
  2. 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 not to come back, and 8) Cooperation = Substantial Information that does 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!

REENTRY/RELEASE PLAN EXAMPLE.  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 may begin 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.

Remember what Federal Judges think – We’re interested in introspection and how he/she has come to grips with the impact of their offense on others…

  1. “No punishment will be enough. If I could go back and change everything, I would.”
  2. I am persuaded that the defendant is sincere and demonstrates insight into the crime.
  3. Allocution is very important, “I’d like to have a conversation with the defendant.”
  4. I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
  5. “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.”
  6. “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 know that you have broken the law and 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 he/she won’t be back to this court because we will be looking out for them in the future and hold them accountable.


NOW, is your Client Better Prepared to Speak with Their Judge Regarding…What is the ‘1’ Thing that Differentiates Them from Everyone Else entering their Judge’s Courtroom?


If you found this helpful, please subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach, and thank you for your time.

No alt text provided for this image

Marc, Dr. Blatstein

PPRSUS.com

DrMB@PPRSUS.com

240-888-7778

Personal Guidance In Drafting:

  1. The Components For A Comprehensive Presentence Report,
  2. Medical CARE LEVEL,
  3. Medication Availability,
  4. SPARC-13 Assessment Questions,
  5. Scoring: PATTERN, Criminal History,
  6. Character Reference Letters,
  7. Personal Narrative,
  8. Reentry Plan,
  9. Allocution

Please inquire about our group PowerPoint Presentation, which can be time and topic adjusted to meet your needs.

SENTENCING, YOUR JUDGE WILL WANT TO SPEAK WITH YOU. MAKE THAT A GREAT 1ST IMPRESSION

This video is for you. If you received a Target letter invitation to speak to a Grand Jury, you need Legal Representation. For a federal crime, it is best to have an attorney who practices federal criminal defense, having had cases similar to yours, and practices in federal court. After that, hopefully, you will have time for follow-up questions to see if he/she is the best fit for you.

Facing the Criminal Justice System is not easy. Are You Pre-Prepared?

 

Your attorney has taken you this far, The Rest Is Up to You.
Your Sentencing Hearing and Presentence Interview Is Coming, and Will Change Your Life.
Today, Are You Prepared to Speak to Your Judge?

Your Judge Sees a Lot of Defendants – How Do You Stand Out?

The Judge Knows that the Prosecutor wants to convict you, and your Attorney wants a lesser sentence for you.

  1. Help the Judge Understand Who You Are – And Why You Deserve Leniency
  2. What Changed in Your Life That Caused You to Break the Law

Your Judge Already Knows 
The DOJ wants you in Jail.
The Prosecutor wants to convict you.
Your Attorney is paid to keep you out of prison.
Judges Also Know That Crimes Aren’t Committed In A Vacuum.
This is Your Opportunity to Help Your Judge Understand Who You Are

Write Your Story, your Narrative that tells how you came to this point in your life, to the Judge.  This is an arduous, reflective experience for you to go through, forcing a face-to-face with your innermost thoughts, and may require you to enlist an outside mitigation expert to work with you, but you have to participate in doing the work. 

Federal Judge Mark Bennett highlights the significance of incorporating your personal account or Narrative into your Presentence Report. This will enable the court to understand your background and the factors that led you to commit the offense. Taking responsibility for your actions, expressing regret for the harm you caused, and speaking humbly from the heart are all imperative during your court appearance. Listen to my video, and help your judge understand who you are while challenging the DOJ INDICTMENT with your Personal NARRATIVE  included in your Presentence Report.

Taking weeks to months to complete, this can result in a distilled version of you that is honest and true, a version where you have Remorse, Accepted Responsibility, and Identified with the Victims of the Crime You Perpetrated.

  • The resulting Narrative or Story of you is quite the opposite of the one that the DOJ previously presented through their Indictment. As you now stand at your sentencing hearing waiting on the judge, you may also have an unexpectedly cathartic experience as a result of revealing all of your life through your writing.

Now, Are You Prepared to Speak to Your Judge?


CLIENT PREPARATION: THE WORK YOU DO – IS ADVOCATING FOR YOURSELF

The Personal NarrativeReentry-Release Plan, and answers to the SPARC-13 Assessment 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 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. This is your autobiography (of you and those around you), the good, the 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. Listen to this video regarding your Narrative.

  • 18 U.S.C. § 3553
  • Judges
    • Look for WHY and HOW the incident happened –
    • Did they have PTSD
    • People don’t commit crimes in a vacuumtherefore
      • It’s important for the Judge to Know ABOUT the Person
      • Before they pass judgment
    • 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 that does not implicate another.
    • Include if Applicable,
        1. FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver
        2. DEFENDANT’S PHYSICAL CONDITION: Medically documented bad Back-Hip-Knees-Shoulder could provide you with a Bottom Bunk. Diabetic, Vascular Disease, Raynaud’s could allow the Medicare soft shoe or sneakers.
        3. MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, X-ray – CT-MRI-Ultrasound-Pet Scans (in Written and CD Format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will ALL physician contact information.
        4. SUBSTANCE ABUSE: Alcohol, Drug (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.
        5. EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level. Otherwise, a GED will be required in prison. If you have experience in/with computers, administrators frown on these skills, so you may want to consider not using them.
        6. MILITARY: Copies, branch, discharge?
        7. EMPLOYMENT: The PO will check. Judges love an excellent work record/history.
        8. STATEMENT FINANCIAL RECORDS: If there are financial fines/restitution, Congress and The BOP now require a Financial Responsibility Plan to benefit from all Earned Time Credits and access to Programming. Therefore, if the events allow, counsel could ask that the court write into the record that payments should only start after release from the BOP.

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 may begin by writing (in your own words) something like this…, “I am embarrassed and since my indictment, I’ve had the time to think about how I have damaged so many (victims) and I am 100% responsible. I was raised to do the right thing, and I brought this on myself facing my demons is humbling and I owe it to the victims, community, and my family to make things right. 

I have looked into the FSA programs that may help like Threshold Program, a non-residential faith-based, and I’ve already started AA.  I understand that it is about my victims, and for me to somehow make it right – even with my medical license being debarred, this is something that I must do.

 

  1. “No punishment will be enough. If I could go back and change everything, I would.”
  2. I am persuaded that the defendant is sincere and demonstrates insight into the crime.
  3. Allocution is very important, “I’d like to have a conversation with the defendant” …
  4. I want him/her to apologize to the victim and their family, mainly if they are in the courtroom.
  5. “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.”
  6. “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, YouTube channel, 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 that no 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, then Next. 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

    1. 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.
    2. 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.
    3. 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. 
    4. Release/Reentry Planning 
    5. Preparation for Early Release
    6. Pre-Surrender Reminder List 
    7. Self-Surrender List (What You Can Bring) 
    8. Financial Responsibility Program (FRP). Guidance as to what makes a great Character Letter Recommendation – From People That Have Known You.
    9. Character Reference letters
    10. Preparation for The Sentencing Hearing
    11. Preparation for Your Presentence Interview
    12. Preparing for your 1st Day In Prison
    13. Sentence Mitigation Video (Helpful, this can be professionally done with us, or with a smartphone)
    14. Instructions on the Administrative Remedy Process, as the BOP encourages its use, and attorneys will not be inside with you.
    15. BOP Visitor Form
    16. BOP TRULINCS Email
    17. Sample BOP Commissary List
    18. BOP MEDICAL INTAKE SCREENING UPON ARRIVAL
    19. Sample BOP INMATE ADMISSION & ORIENTATION HANDBOOK

How To Avoid A Medical CoPayment.

II) SCORING 

  1. Public Safety Factors vs Management Variables (Approximate),
  2. Criminal History vs Offense Level (Approximate)

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 your biographical background information, they will write your official Presentence Report, and passed to the Judge, along with recommendations regarding your sentencing and placement.

  1. 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, and 4) The Dictation Date Deadline – which is when their final Presentence Report of you is due to their supervisor.
  2. 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
  3.  Pregnancy:
  4. RDAP Eligible, if yes – include it, there are minimal negative repercussions.
  5. 18 U.S. Code § 3553 – The imposition of a Sentence, addressing other factors could be considered.
  6. COVID Modified Operational Levels (BOP.gov): for those concerned who are self-surrendering 2022/2023
  7. Also, answering the question regarding, who listens to the ‘AM’ Radio Station: W.I.I.F.M., all the time?
  8. 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)
  9. A Surrender list of what to bring, and a Pre-Surrender Checklist of 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
  • AT SENTENCING

Learn CPR – Save Lives – Hands-Only (30 sec)

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.