We offer several publications and articles that may be of assistance.
New Federal Bureau of Prisons’ Security Classification Regulations, September 2006
Effective September 12, 2006, the Federal Bureau of Prisons instituted new security and custody scoring classifications. The changes are designed to reflect not only the centralization of designations to the Security Designation and Custody Classification Center in Grand Prairie, TX, but to update and modernize the criteria for designating an inmate to one of the Bureau’s five security levels assigned to all federal institutions. The new criteria will now take into account age, Criminal History Points from the PSI, (converted to a Criminal History Score), education and history of drug and alcohol use. The numerical cutoffs have also been changed as follows: Minimum: 11/15 for females, Low 12-15/15-30 for females, Medium: 16-23, High: 24+/ 31+ for females. The calculations are more inclusive and comprehensive taking in a broader range of criteria. We suspect that many of our clients and inmates will now face new hurdles in initial designations and that many currently incarcerated will be transferred to higher or lower level facilities as the new regulations are implemented during the bi-annual or annual custody level review. Please feel free to contact us with any questions or assistance you may need.
“A Primer on Booker Fanfan” By John B. Webster, January 2005
On January 12, 2005, the United States Supreme Court in a 5-4 vote issued its long awaited decisions in companion cases known as United States v, Booker, No 04-104, slip op January 12, 2005 and United States v Fanfan, No 04-105 slip op, January 12, 2005. Succinctly, the Supreme Court struck down significant (but textually small) portions of the of the1984 Sentencing Reform Act, 18 U.S.C. 3551-3626 and 28 U.S.C. 991-998, as amended, (SRA) as being unconstitutional and altered the standard of review to be used by appellate courts in reviewing district court sentences. The SRA created and implemented the United States Sentencing Guidelines.
What started out as “typical” federal criminal cases for Messrs. Booker (USP McCreary) and Fanfan (MDC Brooklyn) have turned out to be the most significant decision regarding sentencing since the enactment of the Sentencing Reform Act in 1984. Read Full Article Here
“To Cooperate or Not: The Myths and Illusions of Section 5K1″ By John B, Webster, March 2005 (updated January 2012)
Obviously, a defendant faced with the possibility of a substantial downward departure if they opt to “cooperate” faces a seemingly complex dilemma. On one hand they will be branded a “rat” or a “snitch” and possibility face the adverse consequences, real and imagined, in the event that a prison sentence results nonetheless. On the other hand, it is often likely (if not a guarantee) that others involved in the same crime or indictment will be discussing the possibility of cooperation resulting in “a race” to be the first. Failure to act in time may result in the inability to cooperate at all and avail oneself of the substantial benefits of a downward departure. This dilemma is present and most poignant in drug related cases as most if not all drug crimes usually involve more than one person and often involve many who are indicted as part and parcel of a drug conspiracy. Complicating matters is the fact that an individual with a “minor” part in the conspiracy is criminally liable for the total amount of drugs involved in the entire conspiracy. As a result, an individual may find themselves faced with the potential of scores if not hundreds of months in prison for what they thought was purchasing or distributing a relatively small amount of drugs. Read Full Article Here
“Does Anyone See a Problem Here?: Our Failing Judicial System.” John B. Webster, December 2004.
As of January 2005 the American criminal justice system has in excess of 181,000 Americans in federal custody and over 2 million people are incarcerated in the various states” systems. One out of every 134 Americans is incarcerated. America has the highest per capita rate of incarceration than any nation in the world including present and former totalitarian regimes such as China, Libya, North Korea or even Stalinist Russia. Read Full Article Here