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« Brain food from the heartland

FEDERAL CRIMINAL RULE 35 - Who's Next ???

By Louie b. Free (Contact)


Published February 16, 2014

Untitled document

FEDERAL CRIMINAL RULE 35. CORRECTING OR REDUCING A SENTENCE

(a) Correcting Clear Error. Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error.

(b) Reducing a Sentence for Substantial Assistance.

(1) In General. Upon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person.

(2) Later Motion. Upon the government's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved:

(A) information not known to the defendant until one year or more after sentencing;

(B) information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until more than one year after sentencing; or

(C) information the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing and which was promptly provided to the government after its usefulness was reasonably apparent to the defendant.

(3) Evaluating Substantial Assistance. In evaluating whether the defendant has provided substantial assistance, the court may consider the defendant's presentence assistance.

(4) Below Statutory Minimum. When acting under Rule 35(b), the court may reduce the sentence to a level below the minimum sentence established by statute.

(c) “Sentencing” Defined. As used in this rule, “sentencing” means the oral announcement of the sentence.

 

  It's my understanding that former Mahoning County Democratic Party Chairwoman and County Treasurer,  Lisa Antonini, has been upset with the way her 'situation went down'.  Maybe she plead too soon?  Possibly she feels' that she took bad advise? Certainly she was scared and wanted to move things along as quickly as possible, but, it's my understanding that she's having a difficult time adjusting to prison ---who wouldn't ?

 I'm told that she did seek out new counsel, and, that lawyer is John Shultz. I'm also told that Atty Shultz is going to meet with Lisa and U.S. Attorneys, at federal prison  on Tuesday, and, Lisa,  is eager to talk. 

So, according to US Criminal Rule 35, Lisa CAN have her sentence reduced, but,  the feds will  need to move VERY quickly for it to be of benefit to her. 

What NEW information will Lisa provide the government with, as  she already received  consideration for her cooperation ???

.......Who's next* ?



Good luck, Lisa!

 

 

* Who's Next is the name of The Who's fifth studio album - which includes the song  "Won't Get Fooled Again"


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