Friday, February 04, 2005

Loved one in prison on a mandatory minimum?

The new Supreme Court ruling in Booker may help get him or her out of jail. Booker and Fanfan themselves were drug defendants, and the United States Supreme Court threw out the guidelines in their cases.

In United States v. Hughes, published just a week ago, the Fourth Circuit (the top Court for federal appeals in Virginia, West Virginia, South Carolina, North Carolina, and Maryland), went even further. That Court applied the "plain error" test to this issue, and bascially stated that defendants cannot be held responsible for their lawyers' failure to object at the time of sentencing.

This is an excellent resource on how the new ruilings may impact your loved on serving a mandatory minimum for a federal drug crime or offense:

http://www.famm.org/nr_sentencing_news_blakely_resources.htm

If you loved one is serving time in federal prison for a federal drug crime, please call today, we may be able to help.

Chip Venie, Esq.
chipoesq@hotmail.com
(619) 235-8300

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