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Sentence reduction, compassionate release & CARES ACT. WHAT IS THE DIFFERENCE?
Sentence reduction, compassionate release & CARES ACT. WHAT IS THE DIFFERENCE?
CARES ACT | Home Confinement | COVID- 19 & the BOP dropping the ball
Sentence reduction (compassionate release)
(1) Brief History:
(a) So which is it? Sentence reduction, compassionate release or CARES ACT?
(b) Where sentence reduction authority is found (18 USC 3582(c))
(c) Background -The courts have always had the power to reduce
sentences when judges found circumstances for doing so, but until
First Step Act, only the BOP could do file a motion to start a
sentence reduction proceeding;
(2) Grounds for sentence reduction:
(a) extraordinary and compelling reasons warrant the reduction; or
(b) the defendant is at least 70 years old, was convicted of a violent
crime, and has served at least 30 years in prison;
(3) What is “extraordinary and compelling?” -The Guidelines define an
“extraordinary and compelling” reason to be
(a) The defendant is suffering from a terminal illness;
(b) The defendant is suffering from a serious physical, medical, aging,
or mental condition, that substantially diminishes his or her ability
to care for self in prison;
(c) The defendant is at least 65 years old; is experiencing a serious
deterioration in physical or mental health because of the aging
process; and has served at least 10 years or 75 percent of his or
her term of imprisonment,;
(d) The defendant’s minor kids have lost their caregiver due to death
or incapacitation;
(e) The defendant’s spouse has become incapacitated, and defendant
is the only available caregiver;
(f) There is some other extraordinary and compelling reason
2
(4) Once you have “extraordinary and compelling,” is that enough? – If the
defendant has an extraordinary reason, he or she still has to show
(a) he or she is no danger to anyone else or the community; and
(b) a sentence reduction would not offend the sentencing factors in
Section 3553(a) of Title 18
(1) the nature and circumstances of the offense and the
history and characteristics of the defendant;
(2) the need for the sentence imposed to reflect the
seriousness of the offense, to promote respect for the
law, and to provide just punishment for the offense; to
afford adequate deterrence to criminal conduct; to
protect the public from further crimes of the
defendant; and
(3) the need to avoid unwarranted sentence disparities
among defendants with similar records who have been
found guilty of similar conduct; and
(4) the need to provide restitution to any victims of the
offense.
(5) Administrative exhaustion – boring but we have to talk about it
(a) What administrative exhaustion usually is
(b) “Hybrid nature” of sentence reduction exhaustion
(6) Sentence unfairness as a basis for compassionate release
(a) Split in courts over permis
...
https://www.youtube.com/watch?v=QI7qzn92-rw
CARES ACT | Home Confinement | COVID- 19 & the BOP dropping the ball
Sentence reduction (compassionate release)
(1) Brief History:
(a) So which is it? Sentence reduction, compassionate release or CARES ACT?
(b) Where sentence reduction authority is found (18 USC 3582(c))
(c) Background -The courts have always had the power to reduce
sentences when judges found circumstances for doing so, but until
First Step Act, only the BOP could do file a motion to start a
sentence reduction proceeding;
(2) Grounds for sentence reduction:
(a) extraordinary and compelling reasons warrant the reduction; or
(b) the defendant is at least 70 years old, was convicted of a violent
crime, and has served at least 30 years in prison;
(3) What is “extraordinary and compelling?” -The Guidelines define an
“extraordinary and compelling” reason to be
(a) The defendant is suffering from a terminal illness;
(b) The defendant is suffering from a serious physical, medical, aging,
or mental condition, that substantially diminishes his or her ability
to care for self in prison;
(c) The defendant is at least 65 years old; is experiencing a serious
deterioration in physical or mental health because of the aging
process; and has served at least 10 years or 75 percent of his or
her term of imprisonment,;
(d) The defendant’s minor kids have lost their caregiver due to death
or incapacitation;
(e) The defendant’s spouse has become incapacitated, and defendant
is the only available caregiver;
(f) There is some other extraordinary and compelling reason
2
(4) Once you have “extraordinary and compelling,” is that enough? – If the
defendant has an extraordinary reason, he or she still has to show
(a) he or she is no danger to anyone else or the community; and
(b) a sentence reduction would not offend the sentencing factors in
Section 3553(a) of Title 18
(1) the nature and circumstances of the offense and the
history and characteristics of the defendant;
(2) the need for the sentence imposed to reflect the
seriousness of the offense, to promote respect for the
law, and to provide just punishment for the offense; to
afford adequate deterrence to criminal conduct; to
protect the public from further crimes of the
defendant; and
(3) the need to avoid unwarranted sentence disparities
among defendants with similar records who have been
found guilty of similar conduct; and
(4) the need to provide restitution to any victims of the
offense.
(5) Administrative exhaustion – boring but we have to talk about it
(a) What administrative exhaustion usually is
(b) “Hybrid nature” of sentence reduction exhaustion
(6) Sentence unfairness as a basis for compassionate release
(a) Split in courts over permis
...
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RDAP LAW CONSULTANT Sentenced to 6 Years for Defrauding BOP RDAP PROGRAM
SCHEDULE YOUR FREE CONSULTATION NOW!
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TONY TUAN PHAM, also known as “Anh Nguyen,” 52, of Grand Rapids, Michigan, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 72 months of imprisonment, followed by three years of supervised release, for coaching federal inmates and prospective inmates, who would not otherwise require substance abuse treatment, how to lie to gain admission into a Federal Bureau of Prisons (“BOP”) program that, if completed successfully, would result in a shortened prison term.
Let your attorney FIGHT FOR YOU IN COURT.
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Kxly4 News - Former inmate coaches new prisoners on overcoming time behind bars
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Facing Federal Prison | The Nightmare Is Real.
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The thought of federal prison for most of us only existed in our worst nightmares. Now you find yourself wondering how this could be happening to you. What do you do when a nightmare becomes reality?
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Kxly4 News - Former inmate coaches new prisoners on overcoming time behind bars
https://www.youtube.com/watch?v=V_Cn02RuNgM
Newspaper Article. I made it into the paper. I must be important
http://www.spokesman.com/stories/2017/mar/28/spokane-valley-man-uses-experience-to-coach-incomi/
Questions?
Dan Wise
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9 Tips to Mastering the Prison Experience- 4/10/17
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9 Tips to Master the Prison Experience
TIP #1- Understand and accept the current situation. Once you have processed the initial shock that you are now in the ironclad grasp of the united states government. It’s time to battle. You need to understand the road ahead. We must prepare and focus on the solution.
TIP #2 Become your own Adversary- The judge, prosecutor, probation officer, and in some cases your attorney. You can’t know how to give them what they want until you see your life through their eyes. What is their main objection and does it flow with your approach? What do they care about? Better yet, what do they not care about? Sympathy, kids, parents, pets, sickness.
TIP #3 Embrace Accountability- Be harder on yourself than anyone else will be. Understand your crime face to face. Why did you do it? Paint the ugly truth, not the pretty justification version.
TIP #4 Identify the Victims- Explain how your greed and selfishness has hurt and possibly destroyed lives. Did you scam people? Explain who and how. How has this affected your family, spouse, kids, friends? DETAIL!
TIP #5 Build Healthy Relationships- Ask your family how this has really affected them. Pull the truth out of them. This will be where your personal narratives will be derived from.
TIP #6 Letters- Understanding the purpose and scope. What are you trying to achieve? What are judges used to reading? Don’t beg. Avoid sympathy. Be accountable and detailed. Explain what you did and why. What actions have you been taking since?\
TIP #7 Have a Job and Keep It- Show up on time. Don’t miss days. Do volunteer work to show your remorse. This will help to create new habits.
TIP #8 Living large- Get rid of fancy cars and toys. Use the money towards what you owe. Make an attempt.
TIP #9 PSR Interview- Be prepared. Know what will be asked and how you will respond. Have all your letters ready to be submitted. Be confident and assertive. Impress with your preparation.
Dan Wise
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Are You Giving Into Negative Self Talk?
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~ 2 min read
Self-talk is often skewed towards the negative, and sometimes it’s just plain wrong. If you are experiencing depression, it is particularly likely that you interpret things negatively. That’s why it’s useful to keep an eye on the things you tell yourself and challenge some of the negative aspects of your thinking.
You can test, challenge and change your self-talk. You can change some of the negative aspects of your thinking by challenging the irrational parts and replacing them with more reasonable thoughts.
With practice, you can learn to notice your own negative self-talk as it happens, and consciously choose to think about the situation in a more realistic and helpful way.
Challenging the Self-Talk
Disputing your self-talk means challenging the negative or unhelpful aspects. Doing this enables you to feel better and to respond to situations in a more helpful way.
Learning to dispute negative thoughts might take time and practice, but is worth the effort. Once you start looking at it, you’ll probably be surprised by how much of your thinking is inaccurate, exaggerated, or focused on the negatives of the situation.
Whenever you find yourself feeling depressed, angry, anxious or upset, use this as your signal to stop and become aware of your thoughts. Use your feelings as your cue to reflect on your thinking.
A good way to test the accuracy of your perceptions might be to ask yourself some challenging question. These questions will help you to check out your self-talk to see whether your current view is reasonable. This will also help you discover other ways of thinking about your situation.
There are four main types of challenging questions to ask yourself:
1. Reality testing
What is my evidence for and against my thinking?
Are my thoughts factual, or are they just my interpretations?
Am I jumping to negative conclusions?
How can I find out if my thoughts are actually true?
2. Look for alternative explanations
Are there any other ways that I could look at this situation?
What else could this mean?
If I were being positive, how would I perceive this situation?
3. Putting it in perspective
Is this situation as bad as I am making out to be?
What is the worst thing that could happen? How likely is it?
What is the best thing that could happen?
What is most likely to happen?
Is there anything good about this situation?
Will this matter in five years time?
When you feel anxious, depressed or stressed-out your self-talk is likely to become extreme, you’ll be more likely to expect the worst and focus on the most negative aspects of your situation. So, it’s helpful to try and put things into their proper perspec
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Going To Federal Prison? Top 10 Things Needed To Prepare!
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If you or a loved one will be entering the federal prison system this is a video you want to watch. We cover some of the most important factors you need to know prior to leaving.
If you are unsure where to start I beg you to pick up your phone and call me today.
Dan Wise 509.434.4695
Kxly4 News - Former inmate coaches new prisoners on overcoming time behind bars
https://www.youtube.com/watch?v=V_Cn02RuNgM
Newspaper Article. I made it into the paper. I must be important
http://www.spokesman.com/stories/2017/mar/28/spokane-valley-man-uses-experience-to-coach-incomi/
Questions?
Dan Wise
Call/Text- 509.434.4695
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#rdapdan #federalprison #prison #Federalprisonconsultant #prisonconsultant #prisoncoach #lifecoach #RDAP #BOP #firstdayofprison #danwise #rdapdanyoutube #whitecollarcrime #whitecollar #whitecollarcriminal #whitecollaradvice #goingtoprison #lifechanging #successstory #helpingothers #peoplehelpingpeople #detainer #federalhalfwayhouse rdap dan reviews rdapdan reviews DISCLAIMER!!
NO ONE ASSOCIATED IN THE CREATION OF THIS VIDEO IS OR CLAIMS TO BE AN ATTORNEY, NOR DO WE OFFER LEGAL ADVICE OF ANY KIND. ALL STATEMENTS & CONTENT THAT IS PROVIDED IS FOR THE SOLE PURPOSE OF ENTERTAINMENT ONLY. YOU SHOULD ALWAYS CONSULT WITH AN ATTORNEY REGARDING LEGAL ADVISE.
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Ryan Park Talks Accountability & Acceptance As He Faces Federal Sentencing
Ryan Park is a dear friend and client. It’s been a bittersweet journey, working with Ryan and his family, as he and his wife, Kimberly Boito, prepare to find out the fate that awaits them at sentencing.
Ryan Park and Kimberly Boito were part of a large Spokane Washington conspiracy ring involving twenty other individuals engaged in various types of insurance fraud occurring over a nine year span.
In this interview, Ryan explains how he justified his actions during the time that the crimes took place. He would say things like "I'm doing this for my family". Like many of us, Ryan did not see the full consequences of his actions until his world came crashing down in 2018, when the FBI was at his door.
Ryan contacted me shortly after finding out that he was part of a massive federal investigation including insurance fraud, wire fraud, mail fraud, bank fraud, conspiracy and more. As we commonly see with clients in the early phase of the federal process, Ryan was in a state of denial, unwilling to accept responsibility for his actions.
Fast-forward to one year later, and you meet an entirely different individual. Ryan and his wife have taken amazing strides toward understanding the consequences of their actions, and more importantly, what led them to commit those actions to begin with. Ryan agreed to do this interview for the purpose of hoping it will help others who are in a similar situation to his own.
I am extremely proud of Ryan for taking this step, which will no doubt assist with his current path of change in order to become the man he is meant to be.
It has been a privilege to not only work with Ryan and his family but also having the chance to get to know them on such a personal level.
Others involved are Ron Wells our of Spokane Washington. Ron Wells Developer
I am honored to have gotten to know you, Ryan.
People Helping People, Community as Method, One day at a Time.
Daniel Wise
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How To Reduce Your Potential Federal Prison Sentence! 6/12/17
This video is intended to help explain the importance of what you could be doing right now to increase the odds of receiving a positive outcome at sentencing.
If you are unsure where to start I beg you to pick up your phone and call me today.
Dan Wise 509.434.4695
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Newspaper Article. I made it into the paper. I must be important
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Questions?
Dan Wise
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NO ONE ASSOCIATED IN THE CREATION OF THIS VIDEO IS OR CLAIMS TO BE AN ATTORNEY, NOR DO WE OFFER LEGAL ADVICE OF ANY KIND. ALL STATEMENTS & CONTENT THAT IS PROVIDED IS FOR THE SOLE PURPOSE OF ENTERTAINMENT ONLY. YOU SHOULD ALWAYS CONSULT WITH AN ATTORNEY REGARDING LEGAL ADVISE.
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