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Registered: 08/25/04
Posts: 1
Last seen: 13 years, 9 months
Federal sentencing Unconstititutional?
    #3048457 - 08/25/04 02:12 PM (13 years, 9 months ago)

Has anyone seen the large ruling yet in the federal sentencing guidelines. I guess nobody cares untill it affects you. (Like in the case PF vs USA), When you are going through what that man and his family are going through then you can be as harsh as you all were on your comments you posted. Why can i say this? Because i am curently going through it. All of you that grow mushrooms, be it one or one hundred are guilty of the Manufacture of psilocin and psilocybn, controlled substances, all in violation of title 21, united states code 841(A)(1)(c). Penalties- 20 years, not more then, 1 million dollar fine, not more then. And what ever else they can through in Usually forfeit to the united states pursuant to 21 u.s.c. 853 any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the said violation, including but not limited to the following-(your house vehicle and what ever they want)! The bad thing is if you are poor and they take all of that you are stuck with a attorney that recieves a paycheck from the same people that are putting you away because you cannot afford an attorney so one will be appointed to you! If you buy an attorney in the case of O J Simpson you will get off. Enough Bitching LAW,,,,in the recent case BLAKLEY v. Washington, No. 02-1632, 2004 WL 1402697 (U.S. June 24, 2004) The date is important to anyone busted after that date!!! Prosecuting attorney's are putting in clauses that prohibit you from BLAKELY,,, DO NOT sign this in your plea. What they have been able to do prior to Blakely is sentence you to enhanced sentencing based off of your enformant or co-conspiritors your mother or whoever they wanted,,,,, the court has dished out punishment wrongly untill now what they would do is slip someting in the dack door what they could not get in front door, by means of relavant conduct, and the unproven testimony of anyone they wish. In light of Blakely, the judge may impose a sentence solely on the basis of the facts reflected in the jury verdict or admitted by the defendent. To apply this lets say, cops serve search warrant and find shrooms growing in house it is pretty evident you are guilty if you go to jury trial the prosecution will bring in humidified chamber syringes ect and prove to jury your guilt. Because you went to court trial you can rest assured that the U.S. would pursue the highest sentence they could achieve under the law. So you plea, NOW the backdoor! Your friend mother employee co-conspiritor ect said in testimony you did this for years, they would call it relavent conduct and ENHANCE your plea to twice the level (say from 0-6 mo.[caught with 700 grams dried] in club fed to say 4 years 8 months) and they did not have to prove it to anyone. That is not Fair...they were under no obligation to tell you on notice of thier plans to use it. For example, they do not under rule 16 and the discovery order have to tell us who their witnesses are or the substance of what their testimony will be. Frequently this means that the first time you hear evidence of "Relevant Conduct" is at trial or sentencing hearing. After "BLAKELY" it now requires them to set out with specificity what they are seeking as relevant drug quantities and to either have a jury agree with that quantity beyond a reasonable doubt or the defendent has to admit it at the time of plea. Hence a man caught with one vial of crack will do six years in past. The guidlines were made because unequality of race sentences. We will all have to pay for that, was the or is the guidelines severable and this court should not find them to be conconstitutional as a whole, or should they be SHITCANNED and written for todays time? This could go for the bad side for us or the good side for us.(The laws now say dried shrooms are same wieght as marijuana and punishable the same 1 oz pot same as 1 oz shrooms). Or are the guidlines totally unconstitutional? More to come, do a search on BLAKLEY and tell me. Posted on a day of birth 8/26/60.

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