Last time I went into court to take the plea (1 month in jail, 5 months
community confinment, 3 years supervised release) it was thrown out by the
judge because he wanted me to serve a longer sentence. Since then a
pre-plea report has been put together, and my lawyer is requesting another
court date in which the report will be presented to the judge to see if he
will re-consider accepting a plea within the 6-12 months sentencing range.
Based on my criminal history category level, the maximum I can serve on
this charge by pleading is 12 months. However, after recently consulting
with the USPO, we learned that a "terrorism enhancement" is applicable in
my case, in which I could potentially get 20 years. I could very well get
12 months in federal prison if the judge accepts the plea, or he could
completly reject the plea again once and i'd be left having to face a
"terrorism enhancement". At first we thought the "terrorism enhancement"
did not apply on my case, but after consulting the USPO, we found out that
it IS applicable. This enhancement is being left up to the court (judge) on
whether or not he wants to use it against me. The enhancement is a decision
made by the judge which adds an additional sentence up to 20 years. I will
probibly be going back to court Feb 20 or 21st, or the following week
afterwards. Updates will be posted to raisethefist.com as they come.
Link: http://www.raisethefist.com/news.cgi?artical=wire/-----816263t4a.article
