Legal Question in Criminal Law in New York

Resentencing in Federal Court

I was sentence in NY Southern District on 3-29-01, the judge gave me less than 96 hours to get my affairs in order, I also live in FL. and the have me designated to serve my time in Jesup,GA. I cannot make it there so I will be turning myself in on 4-2-01, in Miami MDCC.

My case involves Securities Fraud from 1998, in which I worked at this firm for 1 1/2 months. I was pressured in to pleading guilty due to the fact I do have a criminal history. The Co. stole 1.8 mm dollars over the course of 1 year. I raised 125,000 of it, even put my own money in. I would like to get my plea back and go to trial I was sentenced to 46 months, fine and restitution. My Judge was a real bastard, in any event I would like some advice, I had a legal aid attorney for the case and then hired a private attorney for the sentencing. I am confused and in shock.

If you can help me please email my wife at [email protected]

Thank You


Asked on 4/02/01, 3:44 am

1 Answer from Attorneys
Garry Hanlon

Re: Resentencing in Federal Court

I am curious as to why something from April

is posted to me in June?

There is no requirement to permit anyone to

"get there affairs in order". Hence, whatever

time the Judge gives is a bonus. He cannot

be criticized for how much, and it forms no

basis for any post judgment relief.

The assignment to a particular prison is

strictly an administrative matter, and is

not subject to judicial review.

The requirements for the withdrawal of a

plea of guilty are stringent. You must

show that there is something fundamentally w\

wrong with the plea from the outset, not

just dissatisfaction with the sentence or

peripheral issues.

Lastly, once sentenced, there are few free

legal resources for prisoners. Federal

Courts do not assign counsel for the necessar

motions to set aside and review pleas. I do

not know of any volunteer services in the

GA area, either, and you would want someone

local. The only other alternative is to

hire counsel

Read more
Answered on 6/04/01, 9:31 pm


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