Legal Question in Criminal Law in Florida
This is my husbands questions hope someone can answer. 1] IF I WAS NOT SENTENCED AS A CAREER OFFENDER AT SENTENCING , BUT WAS NOTED AS BEING QUALIFIED AS ONE, CAN 24 YEARS LATER THE JUDGE CLAIM THAT BECAUSE I QUALIFIED , THAT THE 599 AMENDMENT IS NOT AUTHORIZED AND DENIED THE 3582 . WHICH WOULD HAVE LOWERED MY POINTS AND GUIDELINE RANGE DRASTICALLY . STATING THAT BECAUSE I QUALIFIED AS A CAREER OFFENDER THE SENTENCE WOULD BE THE SAME. 25 YEARS. WHICH IT WOULD NOT IF HE APPLIED THE 6 POINT REMOVED BECAUSE OF THE 599 AMENDMENT WHICH IS RETROACTIVE,. BECAUSE I'M SENTENCED ALSO FOR THE 924[c]
2] AND SINCE TWO OF THE CRIMES OF VIOLENCE WERE VACATED IN 2015 , [ TWO COUNTS OF ROBBERY WERE VACATED BECAUSE THEY DID NOT EXIST UNDER LAW THE STATE COURT COULD NOT CONVICT OR IMPOSE A SENTENCE FOR CRIMES THAT DID NOT EXIST BECAUSE COURT HAD NO JURISDICTION TO DO SO ] WHICH THE JUDGE REFUSES ACCEPT OR ACKNOWLEDGE BECAUSE IT TOOK SO MANY YEARS TO GET THE EVIDENCE WHICH THE STATE CLAIMED DID NOT EXIST . WHICH WAS DISCOVERED AND PRESENTED IN COURT IN 2015 . FROM CASES IN 1983 ]
1 Answer from Attorneys
Your question is impossible to answer on a public forum such as this. Because many criminal defense attorneys don't even handle federal work, you need to talk to an attorney in person that handles federal criminal work. Only in person when your husband gives all the details of the case will he get an answer.
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