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Real Time Feedback From U.s. Attorney Holder Statements From This Past Week


Michael Komorn
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I wanted to share this with the forum, because it is real world, real time feedback from Holders statements this last week, on the positive side, for now. This is a case of 2 brothers a little over the plant count, ie 600, charged with the manufacturing over 100 plants, requiring a mandatory minimum in federal court of 5 years. This is an email sent to me from the Assistant U.S. Attorney in a federal case set for tomorrow.

 

“Good morning.  I just wanted to alert you both that in light of some new directives from Washington, D.C., I will not charge either of your clients w/mandatory minimums, as will be seen in the acknowledgments.  Consequently, the Rule-11s previously sent to both of you will, in time, be amended to reflect this change.  I will assume that neither of you have concerns w/this.  Thx.” 

 

C. Barrington Wilkins

Assistant U.S. Attorney

 

 

 

 

 

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I think it means the judge can decide without being force to extend a sentence longer than he/she thought was necessary due to a mandatory minimum which takes the discretion out of their hands.  But I would think that not facing a mandatory might make them a little more generous with the plea offers.  Lost some of the 'fear' factor.

 

Dr. Bob

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From what I understand of it: The Judge is allowed to hide the gross amount [ 600 plants ]  and consider it as not sufficient to invoke the Mandatory sentence.

 

So then they will only go by the regular accumulated point system. ie: Gun = xx, Violent Nature = xxx, ....

 

Will definitley lead to reduced TIP. 

Edited by solabeirtan
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