Category Archives: Sentence Reduction

United States v. Chandra Ross, S.D. WV Case No. 2:13-cr-00214-1 — Sentencing Assistance

I am writing to thank you and the research staff at National Legal Professional Associates for your
assistance in the above referenced case.

As you know, I have worked with your team of research attorneys over the past year preparing for
Ms. Ross’s sentencing hearing. And, given the changing positions taken by the government, I have
worked with your team to prepare no less than three separate sentencing memoranda.
Going into the sentencing hearing Ms. Ross was facing a range of 131 to 157 months imprisonment.
We filed arguments calling for a sentence far below that guideline range based on several mitigating
factors under 18 U.S.C. § 3553(a)(2). The court clearly took into account all of the information and
mitigating arguments presented in the three sentencing memoranda and decided to depart
significantly and sentence Ms. Ross to a term of 84 months imprisonment, a reduction of five years
from the guideline range. What is particularly impressive about the five year reduction is the fact
that it was imposed over the government’s objection because Ms. Ross would not cooperate with the
government.

The research and drafting assistance of your staff was extremely beneficial and helped us achieve
this terrific result for Ms. Ross and her family. Thank you again, and I look forward to working with
you and your staff,in the future.

Sincerely,

Matthew M. Robinson
Attorney at Law

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Consult a Specialist to Learn How to Get a Sentence Reduction

nlpa blog 1 7-10-14If you have been convicted of a crime and sentenced to jail, this is not the end of your legal rights. Even after you have been convicted, you have the right to ask for an appeal. You can either appeal the verdict of the entire judgment if you believe that you’re not guilty or you can appeal the sentence itself and try to prove why the sentence was too harsh for the crime.

If you’re trying to reduce your sentence it is important that you get legal help and learn how to get a sentence reduction. There are many lawyers and businesses that know about the legal system that can speak to you about your different options in perusing a sentence reduction. Employing a lawyer and understanding how the reduction process works can give you a better chance in court.

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Seeking Federal Sentence Reduction Isn’t As Hard As It Sounds

NLPA blog 11 6-23-14When a person is sentenced to a certain number of years in prison, this number is not set in stone. There are many different ways that inmates can secure an early release from prison. Some people may have their sentence reduced as a part of reducing jail overcrowding or because they become old and difficult to care for inside a prison environment.

Even after serving part of a conviction an inmate may seek a federal sentence reduction by taking his case to a federal appeals court. A defendant can bring up new evidence that can prove their innocence. After a certain point, many people become eligible for parole, which will also reduce the sentence. Once you are already serving a prison sentence there is still legal help available to reduce the time you’ll serve.

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EARLY RELEASE FROM FEDERAL PRISON

Early_Release_From_Federal_PrisonAnyone who has a family member serving time in federal prison is interested in looking into ways of helping that individual secure an early release from federal prison.  National Legal Professional Associates (NLPA) has for the past twenty-six years assisted defendants and their family members in accomplishing this objective. A defendant can secure an early release from federal prison in many different ways:

(1)       He can file an appeal in which he pursues a reduction of his sentence or overturning his conviction;

(2)     He can pursue a post-conviction motion in which he raises issues such as new evidence and ineffective assistance of counsel in order to secure an early release from federal prison;

(3)       He can file a petition for clemency or for compassionate release as a way of receiving an early release from federal prison citing family member circumstances and other mitigating factors that could serve as a basis of reducing his time in prison;

(4)       If the defendant is eligible for consideration for parole, he can file a petition with the United States Parole Commission requesting early release from federal prison on parole.

National Legal Professional Associates can assist a defendant and his attorney in the preparation of all of the above.  If a defendant needs a new lawyer to represent him and to file the petitions that National Legal Professional Associates’ researchers will prepare, NLPA can also provide references for attorneys who will be happy to represent a defendant at a reduced price since NLPA’s researchers are preparing the petition to be filed.

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Do You Need Help to Obtain a Prison Sentence Reduction?

prison.sentence.reductionWorking Tirelessly With Your Attorney, NLPA Can Help You Obtain a Prison Sentence Reduction.

Post-Conviction Motions are key areas to present new information or information that could not be presented on appeal. It is important to make sure to identify each of the potential issues which requires a significant amount of time and experience which can make or break your attempt to receive a prison sentence reduction. NLPA can assist in pursuing a prison sentence reduction in both state and federal cases. NLPA’s researchers will work through your case with a fine-toothed comb to make certain that you have the best shot in pursuing your reduction of sentence.

Our researchers work tirelessly for your counsel to present all of the issues in requesting a reduction in your sentence. State and Federal post-conviction motions vary in deadlines and NLPA is well-versed in all jurisdictions. No matter where your case is, we can help you and your counsel in pursuing reduction of sentence in your case.

Our post-conviction service includes not only the drafting of a thoroughly-researched opening motion, but also the preparation of any reply to the government’s response as well as objections to reports and recommendation and, if necessary preparation for evidentiary hearings.

NLPA offers affordable legal help as well as a number of different financing options and payment plans. NLPA has an extensive background in pursuing post-conviction sentence reductions.  For additional information about cases NLPA has assisted counsel with prison sentence reductions, contact us today.

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Receiving a Sentence Below the Sentencing Guidelines

lady_justiceGetting a Reduced Sentence Based Upon Age and Family Responsibilities – Sentencing Guidelines

Often, NLPA is contacted by attorneys who represent federal criminal defendants who are in need of sentencing assistance, given the wide array of arguments that can be made in favor of sentences below what is called for by the United States Sentencing Guidelines.

The case of United States v. Freddie Wilson, Jr., case number 4:11-cr-02161-TLW-14 demonstrates how NLPA can assist counsel in the preparation of multi-faceted sentencing research that challenges the  Sentencing Guidelines recommended, as well as presents mitigating arguments for a lesser sentence.

Facing such a long sentence, and needing assistance in the preparation of research challenging the harsh Guideline sentence, Mr. Wilson contacted NLPA to conduct research upon possible means to avoid an unduly harsh sentence.

NLPA conducted research on the potential sentence faced by Mr. Wilson, as well as the possibility of avoiding the harsh sentence put forth in the PSR, in conjunction with Mr. Wilson’s attorney, Joseph N. Connell, who was appointed to represent Mr. Wilson.

These factors include: the nature and circumstances of the offense and the history and characteristics of the defendant; the need to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; the need for deterrence; the need to protect the public; the need to provide the defendant with needed educational or vocational training or medical care; the kinds of sentences available; the Sentencing Guidelines range; pertinent policy statements of the Sentencing Commission; the need to avoid unwanted sentencing disparities; and the need to provide restitution to victims.

Based upon a combination of all of the above factors, the district court for the District of South Carolina issued a below Guidelines sentence to Mr. Wilson. As a result, Mr. Wilson received a sentence of 41 months incarceration. Such represented a sentence almost two years below the minimum recommended Sentencing Guidelines.

The bottom line is that just because an individual faces overwhelming Sentencing Guidelines does not mean that all attempts at securing a lesser sentence must be abandoned in deference to the Probation Office or the federal prosecutor.

From challenging the procedural mechanisms of imposing a Guideline sentence to arguing the lack of factual support for sentencing enhancements to presenting mitigating arguments, NLPA has been at the forefront of attacking insidious and unfair sentences.

To learn more about obtaining a federal sentence reduction or additional services provided by NLPA, contact us today.

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How to Get a Sentence Reduction

open-cell-doorAs anyone who has had contact with the federal criminal justice system can attest, the sentences issued therein are little short of draconian. Fortunately, there exists several methods by which an individual can obtain a sentence reduction.  Have you ever wondered how to get a sentence reduction? Perhaps the easiest way to obtain a reduced sentence is to cooperate with the government.  If an individual assists the government in the investigation or prosecution of another person who has committed an offense, said individual is eligible for a sentence reduction pursuant to U.S.S.G. § 5K1.1. The usefulness of the assistance provided will determine the level of the sentence reduction. Importantly, a sentence can be reduced under § 5K1.1 at any time, even after a defendant has already been sentenced. However, the motion must be filed by the government. A defendant, except in rare circumstances, will not receive relief under § 5K1.1 absent a government motion.

However, a defendant can still receive a reduced sentence based upon cooperation with the government, even absent a government motion, if such assistance is provided prior to sentencing. The defendant can raise his assistance as a factor to be considered in receiving a reasonable sentence under 18 U.S.C. § 3553(a). As the United States Sentencing Guidelines are no longer mandatory, a defendant is free to raise any mitigating factor at sentencing that could lead to a reasonable sentence under 18 U.S.C. § 3553. Common mitigating factors include rehabilitation since incarceration, age at time of release, substance abuse difficulties, familial responsibilities, and a difficult childhood.

If an individual seeks a reduced sentence after being sentence, he can typically pursue several avenues. The first is to file a direct appeal, claiming that the sentence was issued in error. Issues raised in a direct appeal must be evident from the trial court record. Should an individual wish to raise an issue regarding a sentencing reduction that is not evident from the trial record, he can file a post-conviction motion pursuant to 28 U.S.C. § 2255. Issues such as ineffective assistance of counsel at sentencing, the issuance of new and favorable sentencing laws, or facts rising since sentencing can give rise to viable post-conviction claims. For example, if a defendant provides assistance to the government in the investigation or prosecution of a another individual, but the government fails to move for a reduced sentence under U.S.S.G. § 5K1.1, the issue can be raised in a motion under § 2255.

A sentence can also be reduced if a Guideline utilized in calculating an individual’s sentence is later reduced. Title 18 U.S.C. § 3582 is a statute that provides an avenue for redress of sentencing errors in a federal court. A criminal defendant may move for a modification of sentence when he has been sentenced to a term of incarceration “based on a sentencing range that has subsequently lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o), upon motion of the defendant.” 18 U.S.C. § 3582(c)(2).

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