Legal Question in Criminal Law in Florida

Federal court case

I was in a fema scam case involving several individuals. Well at bond hearing we were all given a 2000.00 signature bond. And was release. They were trying to pin me as a leader. Well make a long story short. I plead guilty to providing fema with false info and cashing the check. But in the sentencing report they are trying to add points of a leader role in my sentencing. Even though they have no proof of this allegation. I do have statements that individuals wrote on me but they are convicted felons which mean their word is not credible. And in the sentencing report is say i have no co-defendants.

My question is can they give me this enhancement with no proof of this allegation.


Asked on 1/20/08, 5:37 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Federal court case

Sentencing guidelines aren't binding on the judge in federal court, only advisory, so it may not matter, but judges still often try to follow the guidelines as closely as possible. You need a good federal criminal lawyer to argue that those points aren't applicable to you.

Just because the government puts points on your scoresheet doesn't automatically mean the points will count. The final decision belongs to the judge, and your lawyer may be able to convince the judge not to consider those points.

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Answered on 1/20/08, 9:28 pm


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