Criminal Defense   Sentencing & BOP


S
ENTENCING & BOP

More than 90 percent of all federal criminal convictions have come about from the entrance of guilty pleas since the advent of the Federal Sentencing Guidelines in 1987. The same holds true in most states. For individuals and organizations subject to investigation and prosecution, this means that an early understanding of all potential penalties is essential to properly evaluating any course of action. Moreover, legal advocacy does not stop at the point of conviction. A favorable disposition consistent with the recognized goals of sentencing and controlling precedent typically requires familiarity with the pre-sentencing process and submission of a well researched and thoroughly considered sentencing memorandum.

Todd Bussert has worked with hundreds of individuals facing sentencing in state and federal courts nationwide, developing sentencing memoranda and court-adopted community-based sanctions. He also assists those awaiting designation to, or already incarcerated within, the Federal Bureau of Prisons (BOP), an area about which he writes and speaks regularly. In addition to individual representation, Mr. Bussert consults with other attorneys in formulating strategies and case plans to best serve a client's particular interests and needs. Areas where he can often be of assistance include:

BEFORE A FINDING OF GUILT

Pre-indictment and pre-plea strategy
Assessing potential penalties (e.g., guideline range)
Identifying client needs and community-based resources (e.g., treatment and counseling)
Developing 'pre-plea' mitigation and letters

AFTER A FINDING OF GUILT/BEFORE SENTENCING

Preparing client for pre-sentence interview
Evaluating Presentence Report (a.k.a., PSI or PSR) for errors and objections
Assessing impact of PSI on BOP placement and program eligibility
Developing sentencing strategy, including presentation of relevant mitigation
Creating feasible community-based sanctions when appropriate
Drafting/ghostwriting sentencing memoranda

AFTER SENTENCING

Evaluating and drafting appeals and applications for post-conviction relief
Working to help insure BOP facility placement and programming participation (e.g., DAP, ICC) consistent with stated policies and judicial recommendations
Challenging BOP determinations (e.g., administrative remedy appeals)
Evaluating and advocating for pre-release eligibility


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