TMBrown2004
Member
What is the name of your state? Federal
I have a question regarding today's decisions from the U.S. Supreme Court in terms of how a federal inmate who is no longer on his direct appeal, and in light of the stringent AEDPA time and limited filing restrictions for Habeas relief, may receive relief from his clearly unconstitutional sentence.
I have numerous friends in the federal prison system serving extreme sentences where these men went to trial and the government instructed the jury that they did not need to be concerned of drug type and/or quantity but merely make a finding beyond a reasonable doubt as to whether or not the defendant possessed a "measurable quantity of a controlled substance" with the intent to distribute. With such a low threshold of a burden of proof these men were convicted of crimes that could have carried a range of anywhere from less than a year to LIFE in prison - depending on the quantity and type of drugs they were ultimately held responsible for by the court under a preponderance standard. These cases are truly travesties of justice. Certainly these men deserved to go to prison - but not for the 20-30 year sentences they are serving.
I know a lot about the law - but I do not know how to get these men back into court to receive relief under these new cases, which clearly demonstrate that their sentences are unconstitutional.
If anyone can help me get them relief or at least point me in the right direction PLEASE advise. Feel free to call me at 316-265-2830. Thank you very much... Terry Brown
I have a question regarding today's decisions from the U.S. Supreme Court in terms of how a federal inmate who is no longer on his direct appeal, and in light of the stringent AEDPA time and limited filing restrictions for Habeas relief, may receive relief from his clearly unconstitutional sentence.
I have numerous friends in the federal prison system serving extreme sentences where these men went to trial and the government instructed the jury that they did not need to be concerned of drug type and/or quantity but merely make a finding beyond a reasonable doubt as to whether or not the defendant possessed a "measurable quantity of a controlled substance" with the intent to distribute. With such a low threshold of a burden of proof these men were convicted of crimes that could have carried a range of anywhere from less than a year to LIFE in prison - depending on the quantity and type of drugs they were ultimately held responsible for by the court under a preponderance standard. These cases are truly travesties of justice. Certainly these men deserved to go to prison - but not for the 20-30 year sentences they are serving.
I know a lot about the law - but I do not know how to get these men back into court to receive relief under these new cases, which clearly demonstrate that their sentences are unconstitutional.
If anyone can help me get them relief or at least point me in the right direction PLEASE advise. Feel free to call me at 316-265-2830. Thank you very much... Terry Brown