My jurisdiction is: Florida
I have a friend who was sentenced in 2000 to 168 months for Conspiracy to sell,distribute (etc) by the Federal Authorities.
He recently applied to have his sentence reduced based on the new crack law amendment and was denied because he was sentenced as a career offender.
The career offender status has to meet 3 requirements from my understanding:
Def. must be 18 when he commited instant offense
The offense must be a felony of violence or drugs
The Def. must have 2 prior felony convictions of violence or drugs
After researching his case, on the clerk's website: he has two felonies showing
1) 8/1995 Sell and possession - Sent. to 2 days/3 yrs. prob-Adj. witheld
2) 12/1995 Sell, possession, poss. of firearm, improper exh. of firearm-Sentenced concurrent with the previous case - 2 days/3 yrs. prob-Adj. witheld
If these cases were run concurrent and does adjudication withheld how can he be meet the requirements of being convicted of two felonies?
The Federal Authority used these two cases to make him a Career Offender and added a conspiracy charge.
I have a friend who was sentenced in 2000 to 168 months for Conspiracy to sell,distribute (etc) by the Federal Authorities.
He recently applied to have his sentence reduced based on the new crack law amendment and was denied because he was sentenced as a career offender.
The career offender status has to meet 3 requirements from my understanding:
Def. must be 18 when he commited instant offense
The offense must be a felony of violence or drugs
The Def. must have 2 prior felony convictions of violence or drugs
After researching his case, on the clerk's website: he has two felonies showing
1) 8/1995 Sell and possession - Sent. to 2 days/3 yrs. prob-Adj. witheld
2) 12/1995 Sell, possession, poss. of firearm, improper exh. of firearm-Sentenced concurrent with the previous case - 2 days/3 yrs. prob-Adj. witheld
If these cases were run concurrent and does adjudication withheld how can he be meet the requirements of being convicted of two felonies?
The Federal Authority used these two cases to make him a Career Offender and added a conspiracy charge.