Joy J. Brinton Federal Sentencing Consultant  
Home Services Track Record Blog FAQs Testimonials Contact Us
   
Federal Defense Paralegal Services

"When the judge elects to give a non-Guideline sentence, [s/he] should carefully articulate the reasons she concludes that the sentences [s/he] has selected is appropriate for that defendant. These reasons should be fact specific and include, for example, aggravating or mitigating circumstances relating to personal characteristics of the defendant, his offense conduct, his criminal history, relevant conduct or other facts specific to the case at hand which led the court to conclude that the sentence imposed was fair and reasonable. Such reasons are essential to permit this court to review the sentence for reasonableness as directed by Booker. " U.S. v. Mares, 402 F.3d 511 (5th Cir. 2005)

Why retain Federal Sentencing Consultant Joy?

Quote: "As a first time offender, the best thing I ever did was keep my court appointed attorney and hire Joy to assist in providing both plea assistance and mitigation work which got me an incredibly reduced sentence. Probation recommended 5 years and the United States Attorney argued for 3 in keeping with the plea agreement. I got one year and a day on a federal drug case. Great outcome! Then… about 3 years later I hired Joy again and got early termination of supervised release. My co-defendant had excellent private counsel but they did not hire a federal sentencing consultant and he got 5 years of jail in keeping with his plea agreement."

top ^

What can Federal Sentencing Help do for you?

  1. District Court Sentencing and Post Conviction Services

    • Speaking Engagements/ Continuing Ed Seminars
      VIew schedules and book an engagement on the Speaking Engagements page.
      top ^

    • Defense Sentencing Memos:
      Telecommunications with attorney of record to gain direction and clarify facts; Review and assessment of defendant's case materials; Concise analysis of applicable case law in relation to Defendant's case; Completion of a written memo which outlines possible mitigation and supportive federal appellate case law. The attorney of record then uses the memo to write his own sentencing brief. Fees Range from $500-$2500
      top ^

    • Defense Sentencing Briefs:
      Telecommunications with attorney of record to gain direction and clarify facts; Review and assessment of defendant's case materials; Complete analysis of applicable case law in relation to Defendant's case; Draft of a written defense memorandum which assesses all possible mitigation and determines a reasonable sentence based upon supportive federal appellate case law. The attorney of record then edits and files a final brief under his authority with the court prior to sentencing. Fees Range from $5000 - $10,000
      top ^

    • Telephone Conferencing:
      Review of the 3 basics (Indictment, PSR, Plea Agreement); Telephone conference with defense lawyer indicating a possible mitigation strategy based on defendant’s facts and supportive federal case law. Fees are $500-$1000
      top ^

    • Rule 32 - Changes in PSR:
      Review of PSR. Corrections regarding loss or restitution, drug quantity as determined by defendant’s role in the conspiracy and addressing any upward adjustments or enhancements which were not admitted to by the defendant nor facts found to be true by a jury according to Blakely and Booker. Commonly missed factors that later cause defendants to forgo custody alternatives, such as community custody, boot camp, the DAP program, half-way house release, etc. Included is a written memo to defense attorney which details the corrections as well as every possible alternative for sentencing and post conviction remedies prior to the sentence. $500-$1500
      top ^

    • F.B.O.P. Designation
      Judicial request for Designation. The truth about receiving the most half-way house time, choosing a designation, succeeding in a prison transfer. $1,500 - $2,500
      top ^

    • Early Termination of Supervised Release:
      Draft of a brief to be filed requesting early termination of supervised release. $2,500-$3,500
      top ^

  2. Sentencing Appeal Services

    • Defense Appeal Memos on Sentencing Issues:
      Telecommunications with attorney of record to gain direction and clarify facts; Review and assessment of defendant's case materials including the sentencing transcript; Complete written analysis of applicable sentencing appeal issues based on the case at hand and on relevant, up to date case law and legislative changes. Written detail of relevant sentencing issues on appeal that can be directly used in the writing of the appellate briefs. The Standard of Review pursuant to Gall is now a “highly differential” standard and therefore affording district court judges complete discretion when mitigating sentences under 18USC § 3553(a).
      top ^

    • Defense Appeal Writing Services:
      Same as above including draft of defense opening and reply brief which contain relevant case law.
      top ^

    • Writs of Habeas Corpus - Constitutional Appeals:
      These petitions must be filed within one year from the last judgment entered on the case, either the sentence, or the date a direct appeal was denied. The Writ is the form of an appeal most often used when a defendant has been grossly unhappy with his defense counsel and seeks some relief. The important thing to remember is that the defendant must have suffered such egregiously poor representation that his case was clearly prejudiced by the attorney’s ineffectiveness. The majority of writs defendants file do not have merit and therefore the district court judge that sentence the defendant originally, has little or no motivation to accept the writ and proceed with the appeal. If you feel you are not sure if you have a valid reason for filing such a writ, avail yourself of a review and assessment of your case.
      top ^

    • Assessment of Defendant's Case - Determining if a Writ has merit:
      Review of Sentencing transcript (possibly plea and or bond hearing transcripts), PSR, Plea Agreement (if applies), and Indictment. Interview with defendant and attorney of record, if possible. If assessment is written in memo form with case law supporting the non-attorney opinion; fee is $2,500-$3,500. If assessment is verbal with a short follow-up letter with defendant or representative of defendant; fee is $500 - $1500. Federal Sentencing Help refers to attorneys who are willing to file such writs if it appears that sentencing issues as determined by a sentencing expert, not an attorney, deem there is merit to filing the appeal.
      top ^

 

 

 

 

 

 

 

 

 

 

Home | Services | Blog | News Archive | Testimonials | Contact Us

Copyright © 2008 Joy Brinton. All rights reserved.     

last updated 1/9/08