They don't care about thc content when it comes to marijuana buds. 1kg of indoor high grade weed equals 1kg of brick weed. I do believe that they would take into account the value during the money judgement and or fine for the defendant, but not the actual sentence according to the guidelines. The judge could however go outside of the sentencing guidelines if they chose and the value could be one of the reasons. However, if it's hash oil they treat that as 50 to 1 to regular marijuana bud. So 1kg of hash oil equals 50kg of hash oil when it comes to the sentencing guidelines. I think that regular solventless hash is 10 to 1. A plant is a plant, even if it's an unrooted clone or a male, but I'm not 100% sure about the unrooted clone. I do know that they will count the male as one plant according to the sentencing guidelines.
On a side note, people must serve 85% of federal sentences. I do think that you can get some additional time off on top of that for completing a substance abuse program. I think that for that time off you get to stay in a halfway house. I also know that people can petition to have their supervised release sentence reduced. On that I'm not sure how much but I think that it can be substantial.
In the case of Chino, I think that he's plead out to the 40-41 point recommended sentencing range. In his case since in the pleas he has no criminal record he should be sentenced to anywhere between 292-420 months in prison. The judge doesn't have to stick to this, it's just a recommendation from the prosecutor.
I think sometimes when they push back the sentencing it's because the defendant is cooperating with the authorities and they want to see the outcome of the cases that they've helped to build to see how many points they're going to drop off of the 40-41 (in Chino's case) for the assistance that they've provided.
I just read Chivis's link to the fed. penitentiary good time calculator. I was under the impression that with Fed. time, you had to serve the minimum side of your sentence completely. On the Fed. link the "good behavior calculator," was only a time served calculator. The link states "1. You may receive up to 12-months halfway house time (in some cases even longer). 2. You may qualify for up to a 12-month reduction in your sentence upon successful completion of the RDAP program (Drug Program). 3. You will receive an additional one day credit if you are self surrendering." 4. Credit for time served prior to sentencing, (which doesn't really count, bc you are simply already serving out your potential sentence). So I guess if you're locked in the Feds, and don't tell on people, you can get out of the penitentiary %15 earlier than your minimum sentence, plus 2 years and 1 day early. But one of those years, is going to be spent in a halway house. Then, you will probably be placed on parole for around 5 years.
I didn't know about that %15 off your Fed sentence for good behavior. Also BBman, can you explain this point scale, ie. Chino's 40/41 points. Also does this point scale apply at state levels?
That's pretty much all I know about fed sentencing laws. I didn't read the website that he linked so I couldn't tell you, but I'd assume it's true and is in line with what I've read in the past.
"So I guess if you're locked in the Feds, and don't tell on people, you can get out of the penitentiary %15 earlier than your minimum sentence, plus 2 years and 1 day early."
I don't think snitching increases the amount of time you can get off for good behavior. I think they take that into account by reducing your sentencing level. So for instance, in Chino's case if he cooperated his recommended sentencing range would drop 5 points or how ever many the prosecutor wanted to drop them based on how useful the information he provided is. He would still have to serve 85% of his sentence, the original sentence itself would just be shorter.
You can find the chart at https://en.wikipedia.org/wiki/United_States_Federal_Sentencing_Guidelines. If you click on sentencing table it will take you right to it. I don't think that that chart is updated for the drugs minus two, however. To find that you'd have to google federal sentencing range and go to the ussc page. Unfortunatley, due to my browser that I'm using, it gets blocked so I can't link you directly to it. You can also find the drug grid chart here www.ussc.gov/guidelines-manual/2014/2014-chapter-2-d that helps come up with the sentencing number. I think that that's the right page, but again I can't access it. There are also things that will increase or decrease points. If you agree to plead guilty before trial, you subtract a point or two. If you have a weapon during the commission, add some points, etc. People on supervised release don't have to serve the whole supervised release sentence. Often times they can petition to reduce or completely remove the supervised release sentence if they're doing well after a year or two in the program. If the defendant is an illegal immigrant, they will deport them after serving the physical sentence, so they don't have to serve any of it.
As for the state levels, it doesn't apply. Some states copy the 85% before parole, but that's all on a state by state basis.
If u rat before you're sentenced then your sentencing may fall down enough into a different sentencing range. Kinda like tax brackets lol. But I get now that u have to serve at least 85 percent of ur fed term once you're sentenced. Thanks BBman for the info. I know this has no place here on BB, but is Jared from subway, being charged federally?
(Minimum) 25 years to life (Maximum). Chino Antrax is facing federal charges, so he is in the federal court system, which is different than the state court system. In the state system you can get your sentence shortened by up to 2/3rd's for good behavior (at least in California, IDK about the other states). However, in the federal court system you have to serve your entire sentence, have you ever heard of the phrase "mandatory minimum" in the U.S. If he is a cooperative inmate with zero or very few infractions while serving his time, at the 25 year mark you can go to the parole board and have a meeting with them. Its hard, but if you can convince and prove to them that you've changed, and have a solid life plan after you are released then you can be released on parole after serving 25 years. I don't have any personal federal prison experience, but the parole board usually doesn't release you at your first hearing, so 25 years is the absolute least amount of time you can serve in the federal prison system. On the other hand if you are not a model prisoner you can end up serving life, meaning: until you die.
So to some it up 25 years does not mean life in the U.S.
In Chino's case, that is the sentence he is possibly facing if he goes to trial (if he even goes to trial), and if he gets out on parole, Chino will be on "parole" (early supervised release) for 5 years. That sentence can be changed before the trial date depending on some different circumstances, snitching being one of them. Chino will probably take some kind of plea deal (admitting guilt before trial). Plea deals generally carry shorter sentences than going to trial. However if your lawyer/s think you have a chance of being found not guilty at trial, and the jury agrees and you are found not guilty, then you are released. But if you do take your case to trial and are found guilty, then you face a much harsher sentence (ie. 25 to life). Chino is facing multiple charges, so if he is found not guilty on 1 or more of his charges, there is a slim chance he could possibly get a shorter sentence at trial (highly unlikely though, in any case, not just his case). -
I didn't read Chino's entire indictment so IDK if it mentioned anything about a plea deal, or an amount of time the plea would be for.
Jack, I hope that wasn't too much info for you. The only reason I went into so much detail is because I know you're from the UK. Im sure someone will say I'm wrong about something that I wrote, but I just wrote what I know about the Fed. prison system. The info should be spot on for the most part, but something I wrote is incorrect, please tell me. That's why we are all here right? To Share info and learn from each other....Ya I know that was corny LOL, but its true!!
There is so much wrong with this that I don't even know where to begin. Might want to go do so more research on the subject as to not completely mislead the guy from the UK.
Thank you Jack!
For the most part what I wrote is true, In the Fed system. Ok so they got rid of federal parole. I have a friend who spent 15 months in Feeral prison. Hes out now, but is on probation. Probation/parole, same bread basket really. You are supervised, no privacy rights, drug testing, interviews, random searches of your house, etc. Norcal must have spent some time in Federal system, no hate. I knew when I replied to you Jack, I would get comments like this from people.
I am guessing the pushback is for more cooperation, and to see where it all ends up by the time he is sentenced. He is working the time off. It's Rule 35 and one more I forgot, is what makes you eligible for downward departure....So, by April the prosecutors can tell Dana Sabraw how useful Chino has been...and I am back and will be contributing articles weekly again.
siskyouKid... *wow* what a story, maybe he was high and the pinball lights triggered a seizure, it happens.. then again God has His ways and means, I hope it didn't completely ruin your night? I've seen many similar thing like this psychopathic lowlife attack kids with a hypodermic filled with blood, he went home and OD'd now he's ina wheelchair with cerebral palsy.. Loads more more but I don't want to bore you! Paz.
No parole in the Federal system anymore. Chivis is spot on, he can only get credit for good behavior... I believe good behavior maxes out at 15% of a sentence. In sentencing, (nice research on the judge Chivis) the judge does not have to take the prosecutor's recommendation and can sentence the defendant to whatever time is associated with the crimes he pleads guilty to but normally goes along with the prosecutors' office.
On a side note, he cannot lie at all. If he is not 100% truthful, no deal. I think his youth works in his favor. The quality of information he gives up is going to be directly related to any sentence reduction.
One would hope that he does not go the way of Anthony Casso, a psychopath from Brooklyn who was a made member and at least a captain in the Italian mafia. He was known to be hyper violent. He turned states but they revoked it due to his continued misrepresentations. He is now doing life in the super max in Florence.
It seems Chino has a rather high opinion of himself. He might go the way of Casso and give information to benefit a certain group or try to manipulate the situation in other ways in which case he will also be chilling in Florence doing life.
Law enforcement involves no investigation anymore, just grab a guy and force him to tattle tale on his buddies. Sad really...................
There is no 25 to Life in the Federal System....that is a state sentencing....in the Fed system you get what you get...your sentence has no variance....you may earn some good time but only 15%....and you may get a supervised release (probation) which is completely different than parole...parole you go on n front of a board and they decide whether you shall be released....probation is decided entirely by a judge...a judge is the one who decides how and when you go on probation and he is the only one that can decide whether you have violated your probation and send you back to prison/jail....with parole your parole officer has your fate in his hands and he needs nobody else to sign off on sending you back to prison...