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Sentencing questions - Convicted felon in possession of a firearm

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curious_me

Junior Member
What is the name of your state? North Dakota

My husband was arrested and charged with Convicted felon in possession of a firearm. I am wondering how the federal sentencing works. I read somewhere that the federal judge has to use a formula using the current charge and past record. (He has had theft and drug charges before. This is his fourth time in prison.) Not too long ago, in the newspaper (a ND paper), I read that the federal guidelines are considered unconstitutional, and that the judge doesn't have to follow them. The guidelines - is this that formula I read about? Can someone explain this to me a little better? About how much time do you think he will get? He says he's expecting to get 10 years! Is he right?
 


curious_me

Junior Member
Thank you for taking the time to read my post, but that reply doesn't really help me much. He's not here to read that, although it did make me feel bad to read that. I'm asking these questions because I'm trying to decide what to do about things for my daughter and myself, not for him.
 
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I AM ALWAYS LIABLE

Senior Member
Criminals are just too stupid to be alive!

curious_me said:
What is the name of your state? North Dakota

My husband was arrested and charged with Convicted felon in possession of a firearm. (He has had theft and drug charges before. This is his fourth time in prison.) About how much time do you think he will get? He says he's expecting to get 10 years! Is he right?

My response:

Congratulations!

Your initial post was copied and just became a Runner-Up in our end-of-the-year, "Most Stupid Post" contest, being held on December 15, 2005 and the winner will be chosen by popular vote on that date!

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IAAL
 

curious_me

Junior Member
Thank you for being yet another person to point out that my life has gotten messed up. Yes, I suppose my post sounds stupid to you, especially when you only quote the parts you want, but this is not a joke to me. Reading the two replies I've received to my original post have made me feel more worthless than I thought possible, so if that was your intention - good job - you did it.
 

I AM ALWAYS LIABLE

Senior Member
curious_me said:
Reading the two replies I've received to my original post have made me feel more worthless than I thought possible, so if that was your intention - good job - you did it.

My response:

Thank you. That was the intent.

Any woman who remains married to a loser like him, even before his first incarceration, deserves what she gets. And, it looks like you're getting it!

Let me guess - - you are, or were, just as much of a druggie as he was. Am I right?

Did you review the rules of the "Most Stupid Post" contest? Click on the link.

IAAL
 

curious_me

Junior Member
I'm glad that you are getting some joy out of my misery. I guess I didn't say it clear enough in my second post to this thread when I said that I am trying to figure out what to do for my daughter and I. Maybe I should have said that I am probably going to get a divorce, and I would like to be able to tell my daughter how many years it might be before she gets to see her father again. I really didn't think it was that important to explain exactly why I was asking these questions, but I guess I was wrong.

No, I am not, or was not, a druggie. Don't you think I would be in jail if I was? When my husband was arrested, the cops did not suspect that I was doing drugs, but I asked them to test me for drugs anyway. Even though the police know that I am not doing anything wrong and have been nicer to me than anyone else through this whole ordeal, there are always people out there who think they know everything.
 

lilliemag

Junior Member
there are people out here that care

Be strong, don't make any hasty decisions. My elderly mother always said what goes around comes around so to every nasty reply you someday may be in her shoes. :)
 

curious_me

Junior Member
lilliemag,

Thank you so much. I knew that there were decent, caring people like you on here somewhere. You are so right! I should have never even let those nasty replies bother me.

Thank you again,
curious_me
 

lilliemag

Junior Member
everyone has problems

don't ever feel alone, everyone has problems, some alot worse than yours, where there is hope there is a way,everyone makes mistakes it just takes a strong person to stand by someone in need. :)
 

Greg3279

Junior Member
curious_me said:
I guess I didn't say it clear enough in my second post to this thread when I said that I am trying to figure out what to do for my daughter and I. I am probably going to get a divorce, and I would like to be able to tell my daughter how many years it might be before she gets to see her father again.
Your trying to figure this out for your daughter and you?
No offense, but if you are wondering these things so that your daughter knows when she gets the next great opportunity to see her conviced felon, drug abusing, obviously intelligent father, I recommend couseling for you. Not counsel, counseling. He should never be able to see her again. Not a chance. That may be just my opinion, however it seems to me if he cared enough he would have thought twice about the things he's done.
"I am probably going to get a divorce" Right, the same percentage as the other 3 times he went to prison.
We then wonder why innocent sweet families end up dead by psycho husbands/fathers.
Please, tell a social worker that you are concerned with the amount of prison time your husband is going to get because it may rob quality time between him and his daughter.
Give me a break.

If he sees her again, I would recommend prison time for you as well.

This isn't just being an a$$hole, it's called speaking the truth.
 

Greg3279

Junior Member
lilliemag said:
remember her daughter might just love her dad- love is blind :rolleyes:

That doesn't matter.
It is not in her best interest to continue a realationship with her father.

Please, argue with me that a convicted gun toting, drug addicted felon (that also has a theft on his record) is someone that her innocent daughter needs to associate with. Please argue that point to me.

I think your quote should be elected for the "stupidest post of the year" award as well.
 

smutlydog

Member
curious_me said:
What is the name of your state? North Dakota

My husband was arrested and charged with Convicted felon in possession of a firearm. I am wondering how the federal sentencing works. I read somewhere that the federal judge has to use a formula using the current charge and past record. (He has had theft and drug charges before. This is his fourth time in prison.) Not too long ago, in the newspaper (a ND paper), I read that the federal guidelines are considered unconstitutional, and that the judge doesn't have to follow them. The guidelines - is this that formula I read about? Can someone explain this to me a little better? About how much time do you think he will get? He says he's expecting to get 10 years! Is he right?
Being critical of others doesn't raise anyone to a higher standard. When judgment day comes I think god will come to this site and reflect on some of the rude messages that were posted here. I am not implying that I am better than anyone posting these messages but being judgmental is something I won't be docked for.

Do a search on goggles or yahoo on mandatory minimums and sentencing guidelines. I may be wrong but it's the mandatory minimums that are being challenged in the courts. My lawyer says that federal judges for now still have to sentence people using this procedure but the door is open for challenges.
 

Greg3279

Junior Member
smutlydog said:
Being critical of others doesn't raise anyone to a higher standard. When judgment day comes I think god will come to this site and reflect on some of the rude messages that were posted here. I am not implying that I am better than anyone posting these messages but being judgmental is something I won't be docked for.

If speaking the truth is critical, or judgemental, I'm guilty.

Then when this man kills his whole family after he gets out of prison and parties for a little while, please let god reflect on that.

This whole thread disgusts me, and the fact that it is even legal for this guy to see his child once he is out is enough to make me throw up.
 
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