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Sentencing in Federal Drug Case and Violation of Probation Nets 21 Month Sentence

Although we often represent people who are completely innocent, we also represent those who have confessed to mistakes. When you confess to mistakes, while you are on probation, and where you attempt an undercover drug buy with a federal agent, you are in a whole different level of trouble.

We recently had a sentencing on such a case. We argued that our client should not have an upward departure as a result of his behavior, and that the sentences should run partially concurrently (despite the fact that the Sentencing Guideline policy comments said they should run consecutively). In sum, with the partially concurrent sentences our client received 21 months in federal prison, including the probation violation and the new drug buy. This is an extraordinarily low sentence in the context of federal sentencing. United States Probation asked the Court for a 24 month sentence on the probation violation alone.

--Tim

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