DOCSLIB.ORG

The Defendant Is Aware That the Sentence Wili Be Imposed

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Defendant Is Aware That the Sentence Wili Be Imposed Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 1 of 15 UNITED STAYES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No . 18-20108-CR-ALTONAGA UNIYED STATES OF AMERICA ARTURO ESCOBAR DOMINGUEZ / PLEA AGREEMENT The United States Attorney's Office for the Southern District of Florida, the United States Department of Justice, Criminal Division, Fraud Section and Money Laundering Asset Recovery Section (collectively, the qGovernment'' or the uUnited Statesz'), - and Arturo Escobar Dominguez (hereinafter referred to as the hdefendant'') enter into the following agreement: The defendant agrees waive indictment and to plead guilty the one-count Information filed this case, which l charges the defendant with conspiracy to launder money, in violation of Title United States Code, Section 1956(h). The defendant is aware that the sentence wili be imposed by the Court after considering the Federal Sentencing Guidelines and Pölicy Statements (hereinafter, the uSentencing Guidelinesv), as well as other factors enumerated in Title 18, United States Code, Section 3553(a). The defendant acknowledges and understands Ehat the Court will compute an advisory sentence under the 1 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 2 of 15 sentencing Guidelines and that the applicable guidelines w ill be determined by the Court relying in part on the results of a Pre- Sentence Investigation by the Court 's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that has computed, and may raise or lower that advisory sentence under the Sentencing Guidelines . The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence light of other statutory concerns, and such sentence mày be either more severe or less severe than the Sentencing Guidelines ' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up the statutory maximum authorized by law for the offense identified in paragraph and that the defendant may not withdraw the plea solely as a result of the sentence imposed . The defendant also understands and acknowledges that for the chqrge in the Information of conspiracy to launder money in violation of TitleUnited States Code , Section 1956(h), the Court may impose a statutory maximum term of imprisonment of up to years, followed by a term of supervised release of up to five 2 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 3 of 15 years. In addition to a term imprisonment and supervised ! release, the Court may impose a fine of up to $500,000, or twice the value of the property involved the transactions which the defendant conspired to launder, whichever is greater, and the Court may also order forfeiture and restitution. The defendant further understands and acknowledges that, in addition to any sentence imposed under paragraph of this agreement, a special assessment in the amount $100 per count will be imposed on the defendant . The defendant agrees that any special assessment imposed shall be paid at the time of sentencing . the defendant is financially unable to pay the special assessment, the defendant agrees to present evidence to the Government and the Court at the time of sentencing as to the reasons for the defendant's failure to pay . The Government reserves the right to inform the Court and the probation office of al1 facts pertinent to the sentencing process, including relevant information concerning the offenses committed , whether charged or not, as well as concerning the defendant and the defendant's background. Subject only to the express terms of any agreed-upon sentencing recommendations contained in this agreement, the Government further reserves the right to make any recommendation as to the quality and quantity of punishment . 3 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 4 of 15 The Government agrees to recommend at sentencing that the Court reduce by two levels sentencing guideline level applicable the defendant 's offense, pursuant to Section 3E1.1(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative and timely acceptance of personal responsibility. the time sentencing the defendant 's offense level is determined to be 16 or greater, the Government will make a motion requesting an additional one-level decrease ' pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that the defendant has assisted authorities the investigation or prosecution his own misconduct timely notifying authorities of his intention to enter plea of guilty, thereby permitting the Government to avoid preparing trial and permitting the Government and the Court to allocate their resources efficiently . The Government, however, not be required to make this motion and this recommendation if the defendant : fails or refuses to make a full, accurate, and complete disclosure to the probation office of the circumstances surrounding the relevant offense conduct; is found to have misrepresented facts to the Government prior to entering into this plea agreement; or (3) commits any misconduct after entering into this plea agreement, including but not limited to committing a state or federal offense, violating anyh term of release, ör making false statements or misrepresentations to any goverpmental entity or official. 4 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 5 of 15 The Government ,b and the defendant agree that, although not binding on the probation office or the Court, they will jointly recommend that the Court make the following findings and conclusions as to the sentence to be imposed : Base offense level: Pursuant to U.S.S.G. 5 2S1.1(a)(2), that the base offense level for purposes of sentencing guideline calculations for the charged offense is 8 plus the number of * . offense levels from the table in 5281 .1 corresponding to the value of the laundered funds (more than $1.5 million and less than $3.5 million), adding 16 levels, for a total base offense level of 24; Offense of conviction : That a two-level enhancement of the guideline offense level applies under U .S.S.G. 5 2.S1.1(b)(2)(B) for a conviction under Title 18, United States Code, Section 1956; Sophisticated means : That a two-level increase to the offense level applies since the offense involved sophisticated means pursuant to U.S.S.G. 5 2S1.1(b)(3); and The defendant has a Criminal History Category of 8. The defendant Jgrees that he shall cooperate fully with the Government by: (a) providing truthful and complete information and testimony , and producing documents, records and other evidence, when called upon by the Government, whether in interviews, before a grand jury, or at any trial or other Court proceeding; appearing such grand jury proceedings, 5 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 6 of 15 hearings, trials, and other judicial proceedings, and at meetings, as may be required by the Gove'rnment ; and if requested by the Government, working in an undercover role under the . supervision of, and in compliance with, 1aw enforcement officers and agents. In addition, the defendant agrees that he will not protect any person or entity through false information or omission, that he will not falsely implicate any person or entity, and that he will not commit any further crimes. The defendant agrees not to reveal his cooperation, or any information derived therefrom, to any third party without prior consent of the Government . The Government reserves the right to evaluate the nature and extent of the defendant 's cooperation and to make that cooperation , or lack thereof, known to the Court at the time sentencing. the sole and unreviewable judgment of the Government, the defendant 's cooperation such quality and significance to the investigation or prosecution of other 'criminal matters as to warrant the Court's downward departure from the advisory sentencing range calculated under the Sentencing Guidelines and/or any applicable minimum mandatory sentence, the Government may make a motion prior sentencing pursuant Section 5K1.1 of the Sentencing Guidelines and/or Title 18, United States Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 of the Federal Rules of Criminal Procedure, informing the Court that the defendant has provided substantial assistance 6 Case 1:18-cr-20108-CMA Document 17 Entered on FLSD Docket 03/28/2018 Page 7 of 15 and recommending that the defendant's sentence be reduced . The defendant understands and agrees, however, that nothing in this agreement requires the Government to file any such motions, and that the Government's assessment of the quality and significance of the defendant's cooperation shall be binding as it relates to the appropriateness the filing or non-filing of motion to reduce sentence . In addition, because the defendant agrees that the Government shall have sole and unreviewable discretion to move sentencing reduction based on his cooperation, the 5 defendant agrees that will not seek variance from the guideline range under Title 18, United States Code, Section 3553(a) because of any cooperation, although the defendant may move for a variance, he chooses, because of other grounds, any, which do not involve ?cooperation . The defendant understands and acknowledges that the Court under no obligation to grant a motion for reduction of sentence filed by the Government.
Load more

Recommended publications
  • A Federal Criminal Case Timeline
    A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed.
    [Show full text]
  • Episode Fourteen: Legal Process Hello, and Welcome to the Death
    Episode Fourteen: Legal Process Hello, and welcome to the Death Penalty Information Center’s podcast exploring issues related to capital punishment. In this edition, we will discuss the legal process in death penalty trials and appeals. How is a death penalty trial different from other trials? There are several differences between death penalty trials and traditional criminal proceedings. In most criminal cases, there is a single trial in which the jury determines whether the defendant is guilty or not guilty. If the jury returns a verdict of guilty, the judge then determines the sentence. However, death penalty cases are divided into two separate trials. In the first trial, juries weigh the evidence of the crime to determine guilt or innocence. If the jury decides that the defendant is guilty, there is a second trial to determine the sentence. At the sentencing phase of the trial, jurors usually have only two options: life in prison without the possibility of parole, or a death sentence. During this sentencing trial, juries are asked to weigh aggravating factors presented by the prosecution against mitigating factors presented by the defense. How is a jury chosen for a death penalty trial? Like all criminal cases, the jury in a death penalty trial is chosen from a pool of potential jurors through a process called voir dire. The legal counsel for both the prosecution and defense have an opportunity to submit questions to determine any possible bias in the case. However, because the jury determines the sentence in capital trials, those juries must also be “death qualified,” that is, able to impose the death penalty in at least some cases.
    [Show full text]
  • Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
    Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna.
    [Show full text]
  • The “Radical” Notion of the Presumption of Innocence
    EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY THE “RADICAL” MAY 2020 Tracey Meares, NOTION OF THE Justice Collaboratory, Yale University Arthur Rizer, PRESUMPTION R Street Institute OF INNOCENCE The Square One Project aims to incubate new thinking on our response to crime, promote more effective strategies, and contribute to a new narrative of justice in America. Learn more about the Square One Project at squareonejustice.org The Executive Session was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce over-incarceration by changing the way America thinks about and uses jails. 04 08 14 INTRODUCTION THE CURRENT STATE OF WHY DOES THE PRETRIAL DETENTION PRESUMPTION OF INNOCENCE MATTER? 18 24 29 THE IMPACT OF WHEN IS PRETRIAL WHERE DO WE GO FROM PRETRIAL DETENTION DETENTION HERE? ALTERNATIVES APPROPRIATE? TO AND SAFEGUARDS AROUND PRETRIAL DETENTION 33 35 37 CONCLUSION ENDNOTES REFERENCES 41 41 42 ACKNOWLEDGEMENTS AUTHOR NOTE MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 04 THE ‘RADICAL’ NOTION OF THE PRESUMPTION OF INNOCENCE “It was the smell of [] death, it was the death of a person’s hope, it was the death of a person’s ability to live the American dream.” That is how Dr. Nneka Jones Tapia described the Cook County Jail where she served as the institution’s warden (from May 2015 to March 2018). This is where we must begin. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 05 THE ‘RADICAL’ NOTION OF THE PRESUMPTION OF INNOCENCE Any discussion of pretrial detention must Let’s not forget that Kalief Browder spent acknowledge that we subject citizens— three years of his life in Rikers, held on presumed innocent of the crimes with probable cause that he had stolen a backpack which they are charged—to something containing money, a credit card, and an iPod that resembles death.
    [Show full text]
  • Rules of Executive Clemency
    RULES OF EXECUTIVE CLEMENCY TABLE OF CONTENTS RULES: 1. STATEMENT OF POLICY 2. ADMINISTRATION 3. PAROLE AND PROBATION 4. CLEMENCY I. Types of Clemency A. Full Pardon B. Pardon Without Firearm Authority C. Pardon for Misdemeanor D. Commutation of Sentence E. Remission of Fines and Forfeitures F. Specific Authority to Own, Possess, or Use Firearms G. Restoration of Civil Rights in Florida II. Conditional Clemency 5. ELIGIBILITY A. Pardons B. Commutations of Sentence C. Remission of Fines and Forfeitures D. Specific Authority to Own, Possess, or Use Firearms E. Restoration of Civil Rights under Florida Law 6. APPLICATIONS A. Application Forms B. Required Supporting Documents C. Optional Supporting Documents D. Applicant Responsibility E. Failure to Meet Requirements F. Notification 7. APPLICATIONS REFERRED TO THE FLORIDA COMMISSION ON OFFENDER REVIEW 8. COMMUTATION OF SENTENCE A. Request for Review B. Referral to the Florida Commission on Offender Review C. Notification D. § 944.30 Cases E. Domestic Violence Case Review 9. AUTOMATIC RESTORATION OF CIVIL RIGHTS UNDER FLORIDA LAW WITHOUT A HEARING FOR FELONS WHO HAVE COMPLETED ALL TERMS OF SENTENCE PURSUANT TO AMENDMENT 4 AS DEFINED IN § 98.0751(2)(a), Fla. Stat. (2020) A. Criteria for Eligibility B. Action by Clemency Board C. Out-of-State or Federal Convictions 10. RESTORATION OF CIVIL RIGHTS UNDER FLORIDA LAW WITH A HEARING FOR FELONS WHO HAVE NOT COMPLETED ALL TERMS OF SENTENCE PURSUANT TO AMENDMENT 4 AS DEFINED IN § 98.0751(2)(a), Fla. Stat. (2020) A. Criteria for Eligibility B. Out-of-State or Federal Convictions 11. HEARINGS BY THE CLEMENCY BOARD ON PENDING APPLICATIONS A.
    [Show full text]
  • Motions to Suppress Evidence in Superior Court
    Motions to Suppress Evidence in Superior Court Jeff Welty School of Government January 2017 1) Purpose a) A motion to suppress is the exclusive way to seek the exclusion of illegally obtained evidence. See G.S. 15A‐979(d), G.S. 15A‐974. b) Evidence must be suppressed if: i) Exclusion is required by the United States or North Carolina Constitutions. See G.S. 15A‐ 974(1); Mapp v. Ohio, 367 U.S. 643 (1961) (holding that the Fourth Amendment exclusionary rule applies in state criminal proceedings). (1) The United States Supreme Court has recognized an increasing number of exceptions to the exclusionary rule, most of which apply when an officer has acted in good faith. See, e.g., Davis v. United States, 564 U.S. 229 (2011) (exclusionary rule did not apply when officer acted in good faith reliance on case law that was binding at the time of the search); Herring v. United States, 555 U.S. 135 (2009) (exclusionary rule did not apply when an officer arrested and searched the defendant based on an arrest warrant that turned out to have been recalled; the error was an isolated recordkeeping mistake that did not implicate the purposes of the exclusionary rule); United States v. Leon, 468 U.S. 897 (1984) (exclusionary rule did not apply when officer acted in good faith reliance on a search warrant). (2) The North Carolina appellate courts have not recognized similar exceptions to the exclusionary rule under the state constitution. State v. Carter, 322 N.C. 709 (1988) (declining to follow Leon and holding that suppression is required to preserve “the integrity of the judicial branch of government”).
    [Show full text]
  • The Use of Federal Rule of Criminal Procedure 35(B)
    The Use of Federal Rule of Criminal Procedure 35(b) UNITED STATES SENTENCING COMMISSION UNITED STATES SENTENCING COMMISSION ONE COLUMBUS CIRCLE, N.E. WASHINGTON, DC 20002 WWW.USSC.GOV Patti B. Saris Chair Charles R. Breyer Vice Chair Dabney L. Friedrich Commissioner Rachel E. Barkow Commissioner William H. Pryor, Jr. Commissioner Michelle Morales Ex Officio J. Patricia Wilson Smoot Ex Officio Kenneth P. Cohen Staff Director Glenn R. Schmitt Director Office of Research and Data January 2016 INTRODUCTION Offenders who cooperate with the government in its efforts to Kevin Blackwell prosecute others can receive credit for their “substantial assistance” Senior Research Associate in at least two ways. The most common and most analyzed method is Office of Research and Data through a substantial assistance motion that is filed pursuant to §5K1.1 of the Sentencing Guidelines at the time the offender is Jill Baisinger, J.D. Assistant General Counsel sentenced. If granted, the court may impose a sentence below the Office of General Counsel advisory guideline range and, if accompanied by a motion pursuant to 18 U.S.C. § 3553(e), below an otherwise applicable mandatory minimum penalty.1 Offenders may also receive credit for substantial assistance after they have been sentenced. Federal Rule of Criminal Procedure 35(b) permits a court, upon the government’s motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty. These Rule 35(b) reductions are, in most respects, identical to §5K1.1 departures, as both require substantial assistance and both require a government motion.
    [Show full text]
  • Sentence Length and Recidivism: a Review of the Research
    Sentence Length and Recidivism: A Review of the Research Elizabeth Berger & Kent S. Scheidegger May 2021 Abstract In response to increasing concerns about jail and prison CRIMINAL overcrowding, many officials and legislatures across the U.S. JUSTICE have undertaken different efforts aimed at reducing the prison LEGAL population, such as reduced sentence lengths and early release of prisoners. Thus, there is currently a high degree of public FOUNDATION interest regarding how these changes in policy might affect recidivism rates of released offenders. When considering the research on the relationship between incarceration and recidivism, many studies compare custodial with non-custodial sentences on recidivism, while fewer examine the impact of varying incarceration lengths on recidivism. This article provides a review of the research on the latter. While some findings suggest that longer sentences may provide additional deterrent benefit in the aggregate, this effect is not always consistent or strong. In addition, many of the studies had null effects, while none of the studies suggested a strong aggregate- level criminogenic effect. Overall, the literature on the impact WORKING PAPER of incarceration on recidivism is admittedly limited by important methodological considerations, resulting in inconsistency of findings across studies. In addition, it appears that deterrent effects of incarceration may vary slightly for different offenders. Ultimately, the effect of incarceration length on recidivism appears too heterogenous to be able to draw universal conclusions. We argue that a deepened understanding of the causal mechanisms at play is needed to reliably and accurately inform policy. Keywords: incarceration length, incarceration, prison, recidivism, sentencing policy, deterrence, custodial sentence Criminal Justice Legal Foundation | www.cjlf.org | 916-446-0345 2 Introduction There is currently a high degree of public interest in research regarding the effect of length of incarceration on the recidivism rates of released offenders.
    [Show full text]
  • Length of Incarceration and Recidivism
    Length of Incarceration and Recidivism UNITED STATES SENTENCING COMMISSION United States Sentencing Commission One Columbus Circle, N.E. Washington, DC 20002 www.ussc.gov Charles R. Breyer Commissioner Danny C. Reeves Commissioner Patricia K. Cushwa Ex Officio Candice C. Wong Ex Officio Kenneth P. Cohen Staff Director Glenn R. Schmitt Director Office of Research and Data April 2020 Ryan Cotter, Ph.D. Deputy Director Office of Research and Data TABLE OF CONTENTS EXECUTIVE SUMMARY RESEARCH FINDINGS APPENDICES 2 INTRODUCTION 16 RESEARCH DESIGN 1A 31 APPENDIX A Comparing Models 4 KEY FINDINGS 20 RESEARCH DESIGN 1B 33 APPENDIX B Research Design 1A 5 METHODOLOGY 24 RESEARCH DESIGN 2 39 APPENDIX C Research Design 1B 11 RESEARCH DESIGN 1A 28 COMPARING MODELS 45 APPENDIX D Research Design 2 12 RESEARCH DESIGN 1B 30 CONCLUSION 51 ENDNOTES 13 RESEARCH DESIGN 2 i o EXECUTIVE SUMMARY The purpose of this report is to examine the relationship between length of incarceration and recidivism. In this section, you will find information on the United States Sentencing Commission’s previous recidivism research, key findings, and methodology. INTRODUCTION The United States Sentencing Commission began studying of aging on federal offender recidivism.6 The Commission recidivism shortly after the enactment of the Sentencing Reform also released three reports that examined recidivism among Act (SRA) of 1984.1 Considerations of recidivism by federal specific groups of federal offenders: Recidivism Among Federal offenders were central to the Commission’s initial
    [Show full text]
  • Application for Commutation of Sentence
    LOUISIANA PARDON BOARD COMMUTATION INFORMATION AND INSTRUCTIONS General Information on Commutation In Louisiana, only the Governor can grant the commutation of a sentence after a favorable recommendation of the Pardon Board. The submission of an application does not imply or guarantee that the Pardon Board will favorably recommend a commutation and/or that the Governor will approve a commutation. Eligibility for Clemency Consideration Commutation of Sentence. A person may not be considered for a commutation of sentence unless he or she has been granted a hearing by the pardon board and has had his or her case placed upon a pardon board agenda. Incarcerated Applicants or Applicants Under Supervision of the Louisiana Department of Public Safety and Corrections 1. An executive pardon shall not be considered for an offender while in prison, except when exceptional circumstances exist. 2. An incarcerated offender who is not serving a life sentence may request a commutation of sentence: a. after having served a minimum of 10 years; and b. must have been disciplinary report free for a period of at least 24 months prior to the date of the application or at the time of the hearing (if a hearing is granted); and c. must not be classified to a maximum custody status at the time of the application or at the time of the hearing (if a hearing is granted); and d. must possess a marketable job skill, either through previous employment history or through successful completion of vocational training while incarcerated; or e. upon the written recommendation from trial official(s) that includes: i.
    [Show full text]
  • The Relationship Between Prison Length of Stay and Recidivism: a Study Using Regression Discontinuity with Multiple Break Points
    The Relationship between Prison Length of Stay and Recidivism -- This report was prepared by Abt Associates using Federal funding provided by the Bureau of Justice Statistics (BJS). Opinions and/or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This report was prepared by Abt Associates using Federal funding provided by the Bureau of Justice Statistics (BJS). Document Title: The Relationship between Prison Length of Stay and Recidivism: A Study using Regression Discontinuity with Multiple Break Points Authors: William Rhodes, Consultant, Gerald Gaes, Florida State University, Ryan Kling, Abt Associates, and Christopher Cutler, Abt Associates Ryan Kling is Principal Investigator and Christopher Cutler is the Project Director for this grant. Document Number: 251410 Date Received: December 4, 2017 Award Number: 2016-BJ-CX-K044 This BJS grant-funded report evaluates the relationship between prison length of stay and recidivism post-release. It examines Federal sentencing structure to determine if increasing the length of prison terms increases or decreases recidivism, and seeks to measure if the effect of increasing the length of prison differs across individuals. Opinions and/or points of view expressed in this report are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. 1 The Relationship between Prison Length of Stay and Recidivism -- This report was prepared by Abt Associates using Federal funding provided by the Bureau of Justice Statistics (BJS). Opinions and/or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S.
    [Show full text]
  • Criminal Law -- Convicts -- Commencement of Sentence Harper Johnston Elam III
    NORTH CAROLINA LAW REVIEW Volume 30 | Number 3 Article 11 4-1-1952 Criminal Law -- Convicts -- Commencement of Sentence Harper Johnston Elam III Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Harper J. Elam III, Criminal Law -- Convicts -- Commencement of Sentence, 30 N.C. L. Rev. 295 (1952). Available at: http://scholarship.law.unc.edu/nclr/vol30/iss3/11 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 19521 NOTES AND COMMENTS In the Rochlin case the vendor has conferred no benefits upon the vendee, and in no event could he be made subject to a decree of specific performance. Were the house to increase in value, the vendor could return the deposit and sell to a higher bidder, and the vendee could neither enforce the contract specifically nor recover damages. To allow a retention of the deposit in this situation would, in effect, be awarding damages for breach of an agreement declared void by the statute,17 and would be treating the contract as if the statute read "no action shall be brought .... " In view of the court's non-recognition of the part per- formance doctrine and the fact that the North Carolina statute of frauds provides that such a contract as that in the principal case is void, it would seem that application of the minority rule, to allow the vendee to recover the payment made without the necessity of proving the disputed terms of the contract, would better serve the purpose of the statute and would be more consistent with the effect of its prior application.' 8 S.
    [Show full text]