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SENTENCING &
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:
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BEFORE A FINDING OF GUILT
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Pre-indictment and pre-plea strategy |
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Assessing potential penalties (e.g., guideline
range) |
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Identifying client needs and community-based
resources (e.g., treatment and counseling) |
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Developing 'pre-plea' mitigation and letters |
AFTER A FINDING OF GUILT/BEFORE SENTENCING
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Preparing client for pre-sentence interview |
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Evaluating Presentence Report (a.k.a.,
PSI or PSR) for errors and objections |
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Assessing impact of PSI on BOP placement
and program eligibility |
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Developing sentencing strategy, including
presentation of relevant mitigation |
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Creating feasible community-based sanctions
when appropriate |
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Drafting/ghostwriting sentencing memoranda |
AFTER SENTENCING
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Evaluating and drafting appeals
and applications for post-conviction relief |
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Working to help insure BOP
facility placement and programming participation (e.g.,
DAP, ICC) consistent with stated policies and judicial
recommendations |
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Challenging BOP determinations (e.g.,
administrative remedy appeals) |
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Evaluating and advocating for pre-release
eligibility |
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