First Step Act

[tracy cortez]

Jurisdiction

Mississippi

Hi i have a very good friend who is corrently in Fci Yazoo city low for gun charges, he is not due for release till 2033. he has asked me to see if i can get some important info for him, are the laws in the first step act going to change in 2019 regarding gun crimes, he is currently fighting his case. no drugs were involved just gun use, his is as his case stands at minute this is what he wrote in email to me.....

Right now I have an appeal in now going on 3 years fighting my 924 c conviction that carries 33 our of my 35 year prison sentence. I am appealing the crime of violence aspect of the robberies that my guns are attached to. The Supreme Court has made certain crime no longer violent and i am fighting that my conspiacy to commit robbery is not a violent crim and if I win my appeal then I am going to have 33 years taken off of my sentence. Also Congress just passed the first step act in December and in it they changed the stacking of the 924 c clause in it but did not make it retroactive. Now they did say that they never ment for the law to be applied the way it was being applied that gave me so many years. As it is right now when they make that retroactive then I have already done more time then they can give me so that means I am going to go home. There are rumors that congress is making it retroactive this year so I need to find out if they are. If they are then I wont have to wait for my appeal to finish before I can go home.
can anyone advise on this please. any help would be appreciated. Thank you..

 

[mightymoose]

Regarding the 924 (c), according to what I read this is not retroactive, but supporters of First Step are arguing to make it so. There is no way to predict whether this will actually happen, but there is no pending legislation, just discussion at this point.

As for conspiracy to commit robbery being counted as a violent crime, I believe there is merit to the argument, but more information is needed. What are the exact offenses he was convicted on? It would not be realistic to expect the conspiracy charge to be dropped completely, but for sentencing to be modified if needed.

Here is an older case from Texas that explains why conspiracy is not a violent crime. Without knowing details of your friend's case there is no way to know what may or may not be appropriate.

https://www.google.com/url?sa=t&sou...Vaw0yZ3KH5Xu-hi5BsCR8XgcG&cshid=1551883827461

 

[army judge]

Prosecutors often allow defendants to plead to an ATTEMPT or CONSPIRACY TO COMMIT charge to lessen the impact of a conviction.

I suspect the Lesser or included principal is at play here.

 

[tracy cortez]

Regarding the 924 (c), according to what I read this is not retroactive, but supporters of First Step are arguing to make it so. There is no way to predict whether this will actually happen, but there is no pending legislation, just discussion at this point.

As for conspiracy to commit robbery being counted as a violent crime, I believe there is merit to the argument, but more information is needed. What are the exact offenses he was convicted on? It would not be realistic to expect the conspiracy charge to be dropped completely, but for sentencing to be modified if needed.

Here is an older case from Texas that explains why conspiracy is not a violent crime. Without knowing details of your friend's case there is no way to know what may or may not be appropriate.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-41064-CR0.wpd.pdf&ved=2ahUKEwiF3P-j3-3gAhUToZ4KHaezDUsQFjAIegQIChAB&usg=AOvVaw0yZ3KH5Xu-hi5BsCR8XgcG&cshid=1551883827461

hi i asked him today for more info and this is what he old me,it is a hobbs act conspiracy and 2 hobb's act robberies that are tied to the conspiracy. thats it.

 

[mightymoose]

Ya that doesn't help. He needs an attorney to review the details of his case and consider his options.

He will be waiting quite some time if he is counting on changes to First Step.
Perhaps he can find an angle to work over the conspiracy charge. He should know it's a long shot.