QUESTION

Can someone get reconsideration on a federal drug sentence? They have already spent two years in prison, and since there is no seeing the parole board I was wondering if they would qualify for a reconsideration.

Asked on Oct 21st, 2003 on Criminal Law - Iowa
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Can someone get reconsideration on a federal drug sentence? They have already spent two years in prison, and since there is no seeing the parole board I was wondering if they would qualify for a reconsideration.
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Unlike most state courts, federal courts do not allow defendants to move for a reconsideration or reduction of their sentence. The U.S. Sentencing Guidelines that came into effect in 1987 prompted a change in the rule, known as Rule 35(b). Since 1987, the only way to receive a sentence reduction in federal cases is to have the prosecutor request it. Generally, the prosecutor must file the request within one year of the sentencing date. The only permissible grounds for the request are that the defendant provided substantial assistance in the investigation or prosecution of another person after being sentenced. In some cases, the prosecutor can file this motion after the one year time limitation. Examples of such circumstances are cases where the defendant did not learn of the helpful information until more than a year after being sentenced; the information was provided within a year after sentencing but did not become useful to the government until more than a year after sentencing; or if the defendant could not have anticipated the information would be helpful until more than a year after being sentenced. The adoption of the federal sentencing guidelines in 1987 also resulted in the abolition of federal parole. Your friend will have to do 85% of his sentence which computes to a reduction of 54 days a year, after the first year. If your friend has a substance abuse problem, and was not convicted of a violent offense, he may be eligible for a residential drug treatment program while in prison. If he successfully completes it, he can get up to a year taken off his sentence.
Answered on Oct 21st, 2003 at 12:15 AM

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