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eligible for a sentence reduction?

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alonzo11

Junior Member
Beaumont Texas

I have an 851 enhancement and I have been locked up for almost 16 years. One of my priors can be reduced to a misdemeanor because the law changed for that prior in California due to prop 47. Its a simple possession. I have 2 priors that they used against me to enhance me and give me a life sentence. I want to know if it is possible to get back in court and how to go about it once my prior is reduced to a misdemeanor. I have read other cases on 841S that say if at the time you were convicted on your charge it was a felony it doesn't matter if it changes later down the line. I need to know because if I am eligible for the reduction I can be looking at 20 years instead of life.
 
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Just Blue

Senior Member
Beaumont Texas

I HAVE AN 851 ENHANCEMENT AND I HAVE BEEN LOCKED UP FOR ALMOST 16 YRS. AND ONE OF MY PRIORS CAN BE REDUCED TO A MISDEMEANOR BECAUSE THE LAW CHANGED FOR THAT PRIOR IN CALI BECAUSE OF PROP 47, ITS A SIMPLE POSSESSION. I HAVE TWO PRIORS THAT THEY USED AGAINST ME TO ENHANCE ME AND GIVE ME A LIFE SENTENCE. I WANT TO KNOW IF IT IS POSSIBLE TO GET BACK IN COURT AND HOW TO GO ABOUT IT ONCE MY ONE PRIOR IS REDUCED TO A MISDEMEANOR BECAUSE I HAVE READ OTHER CASES ON 841 S THAT SAY IF AT THE TIME YOU WERE CONVICTED ON YOUR CHARGE IT WAS A FELONY AND IT DOESN'T MATTER IF IT CHANGES LATER DOWN THE LINE. I NEED TO KNOW BECAUSE IF I'M ELIGIBLE FOR THE REDUCTION I CAN BE LOOKING AT 20 YEARS INSTEAD OF LIFE. ANY HELP WILL BE GREATLY APPRECIATED.

WITH SINCERE GRATITUDE
Why are you "yelling? You do realize that all caps is shouting in cyber-speak?
 

quincy

Senior Member
Beaumont Texas

I HAVE AN 851 ENHANCEMENT AND I HAVE BEEN LOCKED UP FOR ALMOST 16 YRS. AND ONE OF MY PRIORS CAN BE REDUCED TO A MISDEMEANOR BECAUSE THE LAW CHANGED FOR THAT PRIOR IN CALI BECAUSE OF PROP 47, ITS A SIMPLE POSSESSION. I HAVE TWO PRIORS THAT THEY USED AGAINST ME TO ENHANCE ME AND GIVE ME A LIFE SENTENCE. I WANT TO KNOW IF IT IS POSSIBLE TO GET BACK IN COURT AND HOW TO GO ABOUT IT ONCE MY ONE PRIOR IS REDUCED TO A MISDEMEANOR BECAUSE I HAVE READ OTHER CASES ON 841 S THAT SAY IF AT THE TIME YOU WERE CONVICTED ON YOUR CHARGE IT WAS A FELONY AND IT DOESN'T MATTER IF IT CHANGES LATER DOWN THE LINE. I NEED TO KNOW BECAUSE IF I'M ELIGIBLE FOR THE REDUCTION I CAN BE LOOKING AT 20 YEARS INSTEAD OF LIFE. ANY HELP WILL BE GREATLY APPRECIATED.

WITH SINCERE GRATITUDE
The difference between 20 years in prison and a life sentence is significant enough that you would be silly not to consult with an attorney in your area - and that is what I recommend you do.

(all caps is not only considered "shouting," it is very hard on the eyes to read)
 

CavemanLawyer

Senior Member
There's some good info here: https://www.fd.org/docs/select-topics/sentencing-resources/clemency-how-a-person-who-received-851-enhancement-would-receive-a-lower-sentence-today.pdf?sfvrsn=5

You really just need to hire an attorney that handles post conviction federal matters.
 

alonzo11

Junior Member
with my sincere apologies

The difference between 20 years in prison and a life sentence is significant enough that you would be silly not to consult with an attorney in your area - and that is what I recommend you do.

(all caps is not only considered "shouting," it is very hard on the eyes to read)
I know I just forwarded you what he sent me he doesn't know better. I will fix it. Thank you for your time :)
 

alonzo11

Junior Member
okay better?

Why are you "yelling? You do realize that all caps is shouting in cyber-speak?
Sorry I just copy and pasted what he wrote I fixed it.

:)I have an 851 enhancement and I have been locked up for almost 16 years. One of my priors can be reduced to a misdemeanor because the law changed for that prior in California due to prop 47. Its a simple possession. I have 2 priors that they used against me to enhance me and give me a life sentence. I want to know if it is possible to get back in court and how to go about it once my prior is reduced to a misdemeanor. I have read other cases on 841S that say if at the time you were convicted on your charge it was a felony it doesn't matter if it changes later down the line. I need to know because if I am eligible for the reduction I can be looking at 20 years instead of life.
 

alonzo11

Junior Member
My apologies...

The difference between 20 years in prison and a life sentence is significant enough that you would be silly not to consult with an attorney in your area - and that is what I recommend you do.

(all caps is not only considered "shouting," it is very hard on the eyes to read)
I fixed it. I just copy and pasted his original email to me.
 

alonzo11

Junior Member
=)

There's some good info here: https://www.fd.org/docs/select-topics/sentencing-resources/clemency-how-a-person-who-received-851-enhancement-would-receive-a-lower-sentence-today.pdf?sfvrsn=5

You really just need to hire an attorney that handles post conviction federal matters.
Thank you for your time.
 

alonzo11

Junior Member
Sorry ...

The difference between 20 years in prison and a life sentence is significant enough that you would be silly not to consult with an attorney in your area - and that is what I recommend you do.

(all caps is not only considered "shouting," it is very hard on the eyes to read)
Wont happen again :)
 

quincy

Senior Member
I fixed it. I just copy and pasted his original email to me.
There really was no need to apologize but I thank you for doing so. And thank you for rewriting the original post.

The information provided you by CavemanLawyer should help the prisoner determine if he is eligible for a reduction in his sentence, although it is not necessarily easy to understand all that is written. The prisoner will want to seek out personal assistance from an attorney to help with his sentence reduction if he qualifies.

For ease of access, here is Caveman's link made live: https://www.fd.org/docs/select-topics/sentencing-resources/clemency-how-a-person-who-received-851-enhancement-would-receive-a-lower-sentence-today.pdf?sfvrsn=5
 
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