Legal Question in Criminal Law in West Virginia
Appeal of sentence
Can a sentence in a federal case be reviewed? A sentence of 18 months was servrd for a plea bargin charge of selling less than 1 gram of cocaine. Statements made by judge were totaly inconsistent with facts conerning the persons behavior over the past three years between arrest and sentence.
2 Answers from Attorneys
Re: Appeal of sentence
Unfortunately there is no such thing as a "review" of a criminal sentence. If you have appealed, it would be reviewed, but if your appeal time has passed, there is no way to bring the sentence back before the judge. He certainy wouldn't hear any other evidence to change the sentence at that late date.
Im Sorry but Good luck.
Re: Appeal of sentence
A sentence in federal court which results from
a plea bargain with the government and the defendant's formal acknowledgment before the court of his or her guilt cannot be later appealed unless the sentence itself were illegal(not likely under the facts recounted in the question).
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