Legal Question in Civil Rights Law in Colorado

Department of Justice screwing
In 1994 I was blackmailed into pleading guilty on attempted marijuana cultivation and using a firearm to facilitate a drug crime. I was sentenced to 90 days on the pot and 5 years for the pistol hanging in my closet. After 29 months I won my appeal on the gun.
My happy day didn't last to long. Department of Corrections informed me that, the only way to eliminate a 4 month wait for the paper work to catch up with me was to allow them to resentence me to the full 29 months on the cultivation. I believe, my civil rights have been violated, because I received no good time. Every prisoner in the Federal system gets 15% of their time off for good behavior.

Asked on 9/11/00, 9:04 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Department of Justice screwing

It is nearly impossible to attack a sentence which is more than 6 years old.

A federal prisoner gets 53 days per year credit for good behavior. No more, no less. No one gets 15%. You have been given bad information.

You are apparently mixing systems, as there is no DOC in the federal system, only the BOP. There is no BOP in the state system, only DOC.

The paperwork which should catch up with you is the mandate reversing your firearm conviction. That cannot take 4 months. Something is funny.

Answered on 10/15/00, 10:38 pm

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