Legal Question in Criminal Law in Virginia

federal court

My son is in federal prison. He plead guilty to drung and gun charges. got 24 years he worked with feds and was promised a substaincial asistance. In the end he got more than the King pin and his lawyer filed a Motion for further assistance but was denied. we asked her to file an apeal, but she says he is not allowed any appeals becasue of plea. The judge says the way he was arrested and used the dismissed state charges against him in his decison to not give him further deductions. he worked with them for 5 years giving them info on 100s of drug dealers but only got credit for the king pin who got less time than he did is there anything else that can be done. Grieving mother who refuses to give up.


Asked on 3/09/07, 8:35 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: federal court

An appeal would be allowed in cases in which the defendant has entered a plea of guilty only if he or she received an illegal sentence which does not appear to be the case in your son's situation. However, under the Federal Rules of Criminal Procedure(FRCP), it's up to the U.S. attorney's office to file the 35(b)motion for a reduction in the sentence the defendant has received based upon his or her substantial assistance to that office. The decision to do so(or not) is entirely within the prosecutor's descretion.

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Answered on 3/09/07, 10:06 am


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