New York Criminal Lawyer Blog
The petitioner is a federal prisoner who has petitioned to have an error of law in the calculation of his sentenced based on a Supreme Court Decision that interpreted sentence guidelines. This decision was made eleven years after the defendant was sentenced.
A New York Criminal Lawyer said the issue before the court is whether the savings clause permits a federal prisoner to challenge his sentence in a habeas corpus petition when he could not raise that challenge in motion because of the bar against successive motions.
Petitioner’s Argument
The petitioner, who was sentenced eleven years ago, insists that he has the right to have errors in the calculation of their sentencing corrected no matter how long it has been since the sentences were imposed.
Criminal History
The court must look at the criminal history of the petitioner in regard to this case. The petitioner was a drug dealer that worked out of his car in a high crime area of the city. Two police officers were in the area where the defendant was parked conducting surveillance.
At around 9:30 in the morning the officers saw the defendant stop his car and allow a man to get in. The man appeared to give the defendant money and in exchange received some rocks of crack cocaine. A New York Drug Crime Lawyer said that not long after the man left the car another man entered the car and another drug deal was conducted. It was at about this time that the officers saw a patrol car in the area and provided the license number for the car. The computer check showed that the license came back to a different make and model of car. The defendant was on the move at this time and the officers trailed him. The defendant pulled into a convenience store. The officers approached the defendant’s car and he attempted to flee on foot, but was captured.
The officers then discovered that the defendant was not alone in the car. His five year old daughter was along for the ride. The young child was in the car at the time the drug deals took place and the defendant left her there when he tried to flee from the officers on foot.
The officers asked to see the registration of the vehicle and the defendant opened the glove box. When he did this, a clear bag filled with what appeared to be cocaine fell out. He hurried up and put the bag back into the glove box.
The officers arrested the defendant and searched the car. During the search the officers found 67 grams of crack cocaine and 2 grams of powdered cocaine. A Queens Drug Possession Lawyer said there were 40 ring baggies that contained 111 grams of marijuana.
This was not the first time that the defendant had been caught committing crimes.
Case Discussion and Decision
The issue before the court is whether or not the defendant should be able to reargue his sentencing that took place eleven years before.
A Nassau County Drug Crime Lawyer said the court has reviewed the laws at hand and determined that a federal prisoner cannot argue for a new sentence when this much time has passed and when his sentence has occurred before the new law was passed. The petition is denied and the defendant will serve his full sentence.