Thursday, February 03, 2005

Will it apply to drug offenders in Virginia?

In United States v. Hughes, the Fourth Circuit Court of Appeals in Richmond, Virginia stated that the new sentencing rules announced in Booker will be applied for plain error.

What that means is that Mr. Hughes, who is a white collar offender, could have been sentenced to 0-6 months instead of the 46 that he got under his applicable range (41-51 moths).

Federal drug offenders are entitled to the same relief. There is no reason to distinguish between Mr. Hughes, who got an erroneous sentenced based upon 'amount of dollar loss' findings, and a drug offender who got a greater than authorzied sentence because of 'drug amount' findings.

It is my firm's belief that drug offenders who were sentenced after June 26, 2000 in Virginia, West Virginia, Maryland, North Carolina, and South Carolina, may be entitled to drastic reductions in their prison time.

Mr. Venie has handled over 130 appeals before the Fourth Circuit, the Court you must ask for help if you are a federal drug offender in Virginia, West Virginia, Maryland, North Carolina or South Carolina.

Chip Venie, Esq.
(619) 235-8300


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