I don't mean to bring more pain to @GeriPerna but it was the way the Govt sought to use the +8 and +3 level enhancements to sentences for 1512 that was the the burden that her nephew Matthew could not bear.
The guilty plea negotiated by his attorney involved only the +3.
The guilty plea negotiated by his attorney involved only the +3.
On the eve of his sentencing the Gov't asked for a 2 week continuance which was agreed to.
During that two weeks the Gov't filed with the court a request to apply the +8 levels too -- something that had not been discussed when Matthew entered his guilty plea.
During that two weeks the Gov't filed with the court a request to apply the +8 levels too -- something that had not been discussed when Matthew entered his guilty plea.
That created the possibility that his sentence might be 3 years longer than he had been told would be likely when he agreed to plead guilty.
Now the Appeals Court has said today that neither the +3 nor the +8 level enhancements apply to the 1512 counts.
Now the Appeals Court has said today that neither the +3 nor the +8 level enhancements apply to the 1512 counts.
The Supreme Court might say 1512 doesn't apply at all and should have never been charged against J6 defendants.
But Matthew won't hear any of it.
But Matthew won't hear any of it.
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