White-Collar Defense: The FBI Has Targeted You - Now What Do You Do?

Physician Presentence Report Service

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Physician Presentence Report Service

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Physician Presentence Report Service

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.

In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.

PREPARATION. THE MOST IMPORTANT CONCEPT I WISH TO SHARE WITH THE DEFENDANT

Facing prison becomes very real as your client finds themself remanded or are lucky enough to self-surrender to either their Low or Minimum facility. Being prepared for the possibility of an Isolation Cell Placement, especially if the surrender date is a Friday, Weekend, or Holiday is critical (are they Claustrophobic?), and could be due to health reasons, or just due to either the day or time of day they surrendered. Next, please keep in mind that there may be others in the same cell, but they too will be anxious and likely have a similar security level - so in truth, while upsetting, try not to worry, this too is temporary. Should I have coached you, then several days before your surrender date, you can start having books mailed to you from Amazon (link - bottom of page).

STAKEHOLDERS. These are persons responsible for reducing, what the System considers are those who are guilty of having 'Criminogenic Needs'. This starts with the Judge, followed by your Case Manager, and Unit Team (in prison) who will determine everything a person does, including the job you get, where you sleep, and your participation in First Step Act Programs. Further, they have the discretion of offering the benefits of early release helped through The First Step and Second Chance Acts.

The Second Chance Act. “Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).Home detention as a condition of pre-release custody during their final months of imprisonment, not to exceed the shorter of ten percent of the inmate’s term of imprisonment or six months.”

Depending on your client's Narrative and a Release/Reentry Plan, they can also elect to recommend them to Residential Reentry Managers for consideration into their facilities, or to Home Confinement. At each stage, these  STAKEHOLDERS  make decisions that impact your client's future. The Presentence Report Is The Backbone For These Decisions.

Here the Presentence Report proves its reputation because the first STAKEHOLDER (the Case Manager) will have already read it.

If comprehensive, the Probation Officer who previously Interviewed you will have weaved into The PSR your client's, 1) PERSONAL NARRATIVE, 2) REENTRY/ RELEASE PLAN, 3) parts of a few 'CHARACTER' LETTERS along with 4), your ANSWERS to the SPARC-13 ASSESSMENT QUESTIONS.

The DOJs current Narrative of Your Client, which was previously released as their INDICTMENT, has now been presented with another Narrative, one that your client wrote - their story where they have accepted responsibility, have remorse, and acknowledged the pain that they have inflicted on the victims impacted by their criminal actions. This Narrative Humanizes them to their current STAKEHOLDERS, who control their future.

The Unit Team and Case Managers, as STAKEHOLDERS, have tremendous interest in seeing 'incremental improvements' as your client works to reduce their criminogenic needs. This is important as all of this now is the responsibility of the defendant - as there is very little that any attorney can do for them from the outside.

No Narrative in the Defendant's Presentence Report? Then all that the STAKEHOLDERS will know about your client - will be what's written in the DOJs Indictment. The defendant may read the indictment and feel like he/she is among "America's Most Wanted". I think we can all agree that this is not the most flattering way to make a great first impression on the Judge (who ultimately determines their freedom), or once incarcerated, their Case Manager, Unit Team, and Warden who together control their ability to return to freedom, 24/7/365.

Jon Gustin, Retired BOP Administrator: Residential Reentry Management Interviews - Jon Gustin and the Critical Role of the Reentry Plan 

No Reentry/Release Plan Why, should a Case Manager recommend you for Second Chance Act, or a Residential Reentry Manager accept you into their Halfway House? If you don't appear to care about your future - which is how they will view it, why should your STAKEHOLDERS spend their extra time on you?No Reentry/Release Plan Why, should a Residential Reentry Manager (RRM) take a chance and offer you one of their beds, when there is someone else applying with a Great Release Plan? If someone has a good Release/Reentry Plan that has progressed during their time in prison, and now explains why they need the time in the Halfway House (or on Home Confinement) - and what they will do while filling one of the limited Halfway House beds, or while on Home Confinement - how would you choose?Case Manager recommendations are important to Residential Reentry Managers (RRM), as they need to know that they're bringing in a qualified person who can continue their reentry successfully back into the community.

REENTRY/RELEASE PLAN. Starting it before your Presentence Interview isn't easy, so offer that you researched content for your Release Plan Online at the MN Dept. of Corrections and 'The National Institute of Corrections Manual'.

Next, review your investigation, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process. You will see that with preparation, and more entries a better outcome will emerge as you continue developing your reentry/release plan. We can’t change the past — but you can impact your future.It’s early in the process, so you won't have all the answers now, but you could add that you reviewed the Risk Assessment Programs available through the First Step Act, and you recognize that there is much for you to learn - because you have much to prove this to your victims, community, family, and yourself.

 INCREMENTAL IMPROVEMENT - REDUCING CRIMINOGENIC NEEDS.

STAKEHOLDERS.

PATTERN. Your Pattern Risk Assessment Score is hard coded. Approximately 50% still applies at your 1st assessment.

Using the Violent and then; Female, or Male, the categories are AGE, 'WALSH' CONVICTION, VIOLENT OFFENSE, CRIMINAL HISTORY (Charge), ESCAPE HISTORY, VIOLENCE HISTORY, EDUCATION, DETAINER, DRUG PROGRAM, INCIDENT REPORTS (ALL, & TIME SINCE LAST INCIDENT), SERIOUS INCIDENT REPORTS (BOTH SERIOUS, & TIME SINCE LAST REPORT), FRP REFUSED, PROGRAMS COMPLETED, and WORK PROGRAMS all determine if you are either Low or Minimum Risk.

As your attorney and Probation Officer will know this by the time you are Interviewed, it's good to become familiar with the categories in these tables.

I. YOUR WORK - THE FSA IS MORE THAN JUST GOING TO CLASSES 

The only way I know of proving that you've (1) taken the classes, and (2) demonstrated Incremental Improvements that your Case Managers need to see - (which I have learned from others) – is by daily journaling (or documenting) everything constructive you do daily while in custody.

Consider this as Building a "New" Habit, similar to purchasing Life, Health, or Auto Insurance. You hope you don't need it - until you do.Repeating this skill daily will become a habit, a great book on this is: The Power of Habit: by Charles Duhigg.

Why? What do you do if the BOP has no record that you took that class, on that date, and you find this out 6 months later, what do, or can you do? READ THIS, Great documentation/proof 'possibly,' could have provided a more favorable outcome - Don't Let This Be You: Legal Case: this person was denied their ETC (apparently without documented proof to support his/her position).

It's been 30 days since you surrendered and you haven't taken the SPARC-13 Assessment Survey – ask to take it now. You can also mail yourself a copy of the FSA Program Statement 5410.01_cn2 to review before meeting with your Case Manager, several days before your 1st arrival.

Ia. FIRST STEP ACT PROGRAMMING. Keep a running journal that includes the day, date, time, topic, what you learned, and who taught that class, along with some positive comments about the teacher. Then at the end of the class, a brief note on lessons learned, how you will use them in daily life, and a brief thank you to your Case Manager for recommending that special program.

Overly simplified, 12 months of FSA Programs may be approximately 6 months off the sentence. After 12 months off the sentence, the rest may go to halfway house time, but these apply to Low and Minimum PATTERN Scores.

Ib. NON-FICTION BOOKS - REMEMBER YOU WANT, 'TO GET HOME' - START BUILDING THIS NEW HABIT. For as many months as you will be in prison, pre-schedule books to be sent from Amazon (spread out among family and friends - on a schedule so that the responsibility and costs are spread out) to arrive every 2-3 weeks. Read daily and note the day, date, time, and specific "takeaways" that you have learned from each book and author that you can use in life, and watch your Release Plan grow.

You still want OUT of The BOP - Right? You've given the credit for what you have learned, to your Case Manager? Now they too look great in the eyes of their supervisors.

...you help others get what they want, and you'll get what you want, no guarantees, but your goal is to win the 'long game'.

The books can be on any topic, you have the time, and possibly this could develop into a new career. Biographies of famous people, Art, Art History, Science, Painting, Life Skills, History, Famous women in History, Geology, really anything you are interested in. If you're unsure, go to my website, the books are at the bottom of the page, or get ideas from The New York Times, Forbs, Inc, - buy from Amazon as the BOP guards are familiar with Amazon (and paperbacks, as they're cheaper).

Ic) You're Educated With a Degree and Experience, Great - Create a CourseStart planning a curriculum on a topic that you feel would be interesting.Organized for classes to meet twice per week for several months, Then you run the idea by your case manager, maybe it could help those with their GED, who knows?Once all parties agree, your case manager is happy, and your Reentry Plan Looks GREAT! Let your Case Manager and Unit Team take the credit!It’s just one more thing, Working For You.Id. Log every conversation you have with each BOP staff member by name, date, time, and topic, just like insurance, it's for "just in case". It can be an innocent conversation, but you will never know - until the day you need it, but if you forgot the day, date, and exact conversation - you're out of luck.

Ie. Second Chance Pell Education Grant. Do you have your GED? Yes, Great! Do you have a College Education? The Department of Education intends to fully implement the legislative changes to allow eligible students in college-in-prison programs to access Federal Pell Grants, beginning July 1, 2023. The Biden-Harris Administration has the following list of participating Colleges and Universities. Please check for Grant eligibility first. 

II. THE FINANCIAL RESPONSIBILITY PROGRAM (FRP). Should you have a court-ordered financial penalty, to participate in the First Step Act, you must offer to participate in the Program, otherwise, you could be denied participation in FSA programs and/or benefits.

Recommendations:

Do not keep $1000s in your Commissary Account. Why? Because the DOJ one day would like nothing better than confiscating 75% of your commissary money.Offer reasonable payment options if your commissary account takes in > $1000s per Month, offer to contribute $200 per Month to your FRP, if your account takes in $300-500 per Month, offer to contribute $25-75 per Month (or quarter depending on your ability to pay), to your FRP.This is just a starting point - but Refusing is Not an option - unless you wish to serve your full sentence and risk the DOJ getting their wish of confiscating 75% of everything in your commissary account. III. HALFWAY HOUSE OR HOME CONFINEMENT. Your Unit Team, and Case Managers, will determine how smooth your stay in the BOP will be, including how fast you can transition out of Prison.The Residential Reentry Managers (RRM) will decide whether they wish to admit you into their Halfway House due to their limited bed space. They depend on recommendations from your Case Manager, and the quality of your Reentry Plan. They need someone who will succeed – and not be sent back to prison. They want someone who will make them and their facility look good. RRM and BOP staff all listen to the same Radio Station: W.I.I.F.M. If you're interested, just ask me.

If you found this helpful, please subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach, and thank you for your time.

Marc, Dr. Blatstein

[email protected] Guidance In Drafting a well-thought-out Personal Narrative, Reentry Plan, and Allocution along with content for The Presentence InterviewPlease inquire about our PowerPoint Presentations, which can be time adjusted to meet your needs.

Physician Presentence Report Service  #federalprison #pprsus #drblatstein

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

STORIES – A simpler way to consider when writing your Narrative.Everything in life is Story TellingNike – Tesla – iPhones – TikTok – I LISTEN TO PODCASTSI.          TED TALKS

II.          Guy RAZ·       HOW I BUILD THIS o   As a host and correspondent, Raz has interviewed and profiled more than 10,000 people including Bill Gates, Condoleezza Rice, Jimmy Carter, Shimon Peres, General David Petraeus, Al Gore, Mark Zuckerberg, Eminem, Taylor Swift, and many, many others.o   Raz was awarded both the Edward R. Murrow Award and the Daniel Schorr Journalism Prize. His reporting has contributed to two duPont awards and one Peabody award to NPR  §  What do they want to see – what is their perspective, through their eyeso   Forget that I, you, your friends – family don’t believe that you belong in prison or that you’re guiltyo   Did you Plea Guilty – Were you found Guilty at Trial o   Through their eyes You’re GUILTY – Nothing Else matters§  For those of you who are truly innocent – we can still write and address these issues, on a case-by-case basis, while§ Identifying the pain points that we each had – and solving them §  Starting with: Who is the 1st Person that matters?§  It’s Us, It's you and I· We have to be honest with ourselves – it sounds simple, but it took me years to see this clearly.o   Most of you don’t have years to write your Narrative.o   Your Attorney Doesn’t Have Years To Prepare for Courto   Hopefully You have provided them with a Clear version of What Happened – Now, Today, or Yesterday §  You don’t want your lawyer surprised in the courtroom. They may be embarrassed, but you will suffer.

Physician Presentence Report Service  #federalprison #pprsus #drblatstein 

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

BEING UNPREPARED WAS THE PROBLEM ·        WHY 1ST) THE APPEAL WAS DENIED AND I WAS SENT BACK TO PRISON, 2ND) I NEVER KNEW WHAT A NARRATIVE, or RELEASE PLAN WAS, AND I HAD NO IDEA WHAT TO EXPECT FROM PRISON, (SOLITARY)THAT IS THE REASON I TRANSITIONED FROM PATIENT CARE·        SO THAT YOU - WILL BE PREPARED ·        PREPARATION - IS A WORD THAT I WILL REFER TO OFTENGETTING YOU AS PREPARED AS POSSIBLE IS MY MISSION – BUT IT REQUIRES ·        YOUR PARTICIPATION·        BECAUSE I WANT TO EARN YOUR TRUSTYOU WILL HAVE TO GET AN ATTORNEY WHO PRACTICES FEDERAL CRIMINAL DEFENSE·        IN FEDERAL COURT·        SOMEONE YOU FEEL COMFORTABLE WITH, AND FOLLOWING THEIR RECOMMENDATIONS IS A MUST·        WHO HAS EXPERIENCE IN CASES LIKE YOURS (SEE MY WEBSITE AND YOUTUBE)·        NO ONE CAN PROMISE ANY OUTCOMEo   AT THE END OF THE DAY, THE DECISIONS ARE MADE BY THE: JUDGE, AND BOP·        98% OF FEDERAL INDICTMENTS FACE JAIL TIME, WE’LL HELP YOU FACE THIS·        GET PREPARED FOR YOUR PRESENTENCE INTERVIEW STARTS AS EARLY AS POSSIBLE –AS SOON AS YOU GET YOUR ATTORNEY1)     IF APPROPRIATE: AA, NA, GA, Sex therapy (Through your ATT. Forensic Psyc Eval Therapy)2)     RESTITUTION: TRY TO PUT AWAY $$ EACH MONTH3)     FINANCIAL RESPONSIBILITY PROGRAM4)     EITHER GET A JOB OR DO VOLUNTEER WORK5)     NARRATIVE => ALLOCUTION6)     RELEASE/REENTRY PLAN7)     PREPARATION FOR YOUR CASE MANAGER MEETING·        BY ANSWERING THE SPARC13 ASSESSMENT QUESTIONS§  ALL PROVIDED TO YOUR PO BEFORE YOUR INTERVIEW·        WHY DOES ALL OF THIS WORK? IT IS FOR YOUR STAKEHOLDERS WHO CONTROL YOUR FUTUREo   YOU, YOUR FAMILY AND I KNOW YOU DON’T BELONG IN PRISON, BUT THAT DOESN’T MATTER – WHAT MATTERS IS WHAT THE JUDGE AND OTHER STAKEHOLDERS THINKo   WHO ARE THEY: THE JUDGE, PO, PROSECUTOR, CASE MANAGER, UNIT TEAM, RRMo   THEY NEED TO SEE YOU REDUCE YOUR CRIMINOGENIC NEED OR RISKo   HOW THEY SEE THIS IS THROUGH INCREMENTAL IMPROVEMENTSo   THINGS YOU CAN DO TO HELP YOURSELF§  THERE WILL BE §  FRUSTRATIONS, §  DISAPPOINTMENTS,§   STAFF THAT WANT TO BE HELPFUL AND OTHERS THAT ARE PLAIN HOSTILE

Physician Presentence Report Service  #federalprison #pprsus #drblatstein 

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Today, Is Your Client Prepared to Speak with Their Judge? What is the ‘1’ Thing that Differentiates Them from Everyone Else Entering Your Judge’s Courtroom?Facing America's Criminal Justice System for the first time, the importance of Preparation, and working with your legal team before the presentence interview, cannot be overstated.

CLIENT PREPARATION: THE WORK YOU CAN DO - IS ADVOCATING FOR YOURSELF

The Personal Narrative, Reentry-Release Plan, and answers to the SPARC-13 Assessment Questions (as you are expected to answer these questions when you first arrive, you might as well become familiar with them), are written as one document and weaved into the Presentence Report when provided to your Probation Officer, before your Presentence Interview.

PERSONAL NARRATIVE. Writing your story, through Your Narrative tells the Judge how you came to this point in your life. This is an arduous, self-reflective experience for you to go through, forcing a face-to-face with your innermost thoughts. It may require you to enlist someone with federal sentencing mitigation experience to guide you in drafting your narrative, but this is the story of your client's life and requires their participation.

REENTRY/RELEASE PLAN EXAMPLE.  Include that you realize that you need to learn from the FSA programs and implement their lessons into your daily life. Then expand on a theme similar to: “Since my indictment, arrest, criminal charge, plea hearing, trial or guilty plea, presentence investigation, and sentencing process.; I had the time to think about all that I have done. Previously I didn’t recognize how BAD my decisions were, But I realize it’s Not About Me. It’s about MY VICTIMS, What I did, and What I have to do – to make it right...

ALLOCUTION. You may begin by writing something similar to this..., "I am embarrassed and humbled to be standing here - since my indictment had the time to think about all that I have done, I didn’t recognize how BAD my decisions were, but Now I realized it’s Not About Me. It is about MY VICTIMS, What I did, and What I have to do – to make it right.

Federal Judges - We’re interested in introspection and how he/she has come to grips with the impact of their offense on others… These are letters as to one’s character, they are aware that I have broken the law, and have known the defendant for a long time. Should an employer be willing to write a letter that states they are willing to rehire the person after release from prison due to their 'character and skills' – that is a Great letter and should be included.

Physician Presentence Report Service

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.

In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.

Be prepared to answer these questions, weaving your answers into your Narrative and Reentry Plan, so it's included in your Presentence Report.

Your Probation Officer, Judge, and Case Manager will all see that you made an effort in yourself.

Dr Blatstein

PPRSUS.com

240.888.7778

Physician Presentence Report Service

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.

In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.

Placement Request; You - Your Attorney - Your PSIThe Presentence Report (PSR), acts as your “referral” to The BOP – impacting all aspects of your life,·        Release Date·        Accepting Responsibility·        Security Level Requirements·        Medical and Mental Healthcare Needs·        Psychology Programs – Limited Availability·         FSA Programming, and Criminogenic Needs, Risk Assessment WORK YOU CAN DO TO HELP SHORTEN YOUR STAY: ·        YOUR PERSONAL NARRATIVE ·        ALLOCUTION ·        THE FINANCIAL RESPONSIBILITY PROGRAM ·        REENTRY/RELEASE PLAN o   FIRST STEP ACT ASSESSMENT Questionso   SPARC-13 o    YOUR PATTERN is just a straight score SCORE, MALE – FEMALE)

 What you will be doing,Getting copies of all of your medical records – everything: ·        Labs, ·        Diagnostic Tests (MRI, CT, X-Rays, PET Scans, Ultrasounds, both in paper and CD format), ·        Prescriptions for medications and medical devices/glasses/prosthetics, etc., ·        Surgery and Pathology reports plus any other specialized documentation that is required. Your medications are either on ·        Formulary, ·        Non-Formulary, or ·        Not available [Therapeutic Drug Substitution Program (Page 44, 5/2022)], o   I suggest first getting your physician to review the BOP Formulary, and then persuade them to appear at your sentencing hearing should there be an issue with ‘continuity of care?’ Next, you’ll need copies of your ·        Highest education level completed, ·        Professional Diplomas, ·        Military Rank and Level at discharge (along with special training), and any ·        Trade or Occupational Certification(s). ·        Don’t forget copies of your Social Security Card, Drivers’ License, and Birth Certificate. For those, you want to email or call, or have a visit: have their names, email, addresses, and phone numbers written on the back of something from your legal case, in an envelope titled: Legal Mail to bring in with you. At the same time, you mail it to yourself 2 days before you surrender. 

Meanwhile your attorney is networking to find out who your Probation Officer (PO) is, and calling them to learn,

1. A date that your required forms must be completed,

 2. A list of the documents that the PO needs,

 3. The date for the Presentence Interview (PSI), with

 4. The PO’s final “PSR dictation date,” provides the time for your legal team to define their defense strategy,·        …to consider, what was their client’s behavior, and role in the offense,·        …are there any grounds for relief from the Guidelines?·        …to start framing reasons as to “why,” this prison placement request is being made (e.g., medical, programming, etc.).

5. The attorney could build an introductory relationship to understand what the officer already knows, – which hopefully is not a lot!·        This offers the opportunity to explain your position, as the PO was not at trial, and therefore has not yet formed an opinion.·        Also, they likely have not yet spoken with the prosecutor, therefore they still may have an open mind.·        If not, and the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.·        Your attorney can clearly make their case and position with a personal meeting.·        Meanwhile, you have begun writing your personal narrative which will undergo a dozen or so rewrites until it is distilled into its final version which you accept responsibility. It’s your story, a Unique and Honest version of the events that resulted in your arrest.·        The goal is for your Personal Narrative and Reentry Plan to be included in your Presentence Report. Then be ready should the Judge wish to speak with you at the Sentencing Hearing, and answer his/her questions, from the heart – honestly – Your Allocution

6. A little extra effort goes a long way when working with the probation officer.o   Consider presenting your entire view of the case, clearly in a letter to the PO, as soon as possible.o   If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.o   As Probation Officers are very busy, doing their best, and never have enough time, they may appreciate your efforts in easing that portion of their workload,o   Remember, that a little bit of effort, is appreciated.

7. It is helpful to have the Probation Officer and Assistant U.S. Attorney (AUSA) buy into your client’s behavior and role in the offense, before requesting relief from the Guidelines, but again, before the dictation date.

8. At the same time, provide the court with sentences that other judges have imposed in cases like yours, highlighting the relevant case law that supports your sentencing position, making it simpler for the judge to find clearly.·        Over-crowding and staff shortages, if applicable, could affect your client’s access to their Programming Needs or other BOP Services that may be required.·         Another avenue: 18 U.S.C. §3553(a)(2)(D)requires a sentencing court to consider the care needed for a client’s medical condition, which may support the cost-related (home confinement) argument.o   This is most apparent in cases of inmates/patients, properly diagnosed as being Long-Haulers or having Post-COVID,§  Due to this, no prison, or jail mission is prepared to provide this type of 24/7/365 care.§  The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”§  Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

9, The sentencing memorandum,·        Corroborate the issue with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.·        All of this is preferably done under seal, via the Probation Office so that the information is appended to the PSR when given to the BOP.

Practice role-playing the Memorandum and Allocution with your attorney – is very helpful.

Are you a Veteran?

There is a facility that caters to veterans.·        FCI Morgantown started a Veterans to Veterans Service Dog Training Program in 2011.·        These military veterans are housed in a special wing, and·        are responsible for training service guide dogs·        for other veterans with mobility impairments and/or·        Post Traumatic Stress Disorders (PTSD).

Catholic University Law Review; “Dog Training Programs support inmate rehabilitation”.

Other Military prisons with service dog training programs·        NAVCONBRIG Miramar (aka Joint Regional Correctional Facility Southwest)·        NW Joint Regional Correctional Facility Ft. Lewis Washington·        Military Prison at Fort Leavenworth·        Once their training is complete, these dogs are placed with veterans in the community who have:o   PTSDo   Mobility impairmentso   Contribute to other military service missions.o   These programs are run by K9 Companions For Independence. Your attorney has taken you this far, The Rest Is Up to You.

 Your Sentencing Hearing and Presentence Interview Is Coming – and Will Change Your Life.

 Now, Are You Prepared to Speak to Your Judge?

What is the ‘1’ Thing that Differentiates You from Everyone Else entering your Judge’s Courtroom?

Physician Presentence Report Service

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.

In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.

Preparation: You - Your Attorney and Your Presentence Interview

The Presentence Report (PSR), acts as your “referral” to The BOP – impacting all aspects of your life,·        Release Date·        Accepting Responsibility·        Security Level Requirements·        Medical and Mental Healthcare Needs·        Psychology Programs – Limited Availability·         FSA Programming, and Criminogenic Needs, Risk Assessment WORK YOU CAN DO TO HELP SHORTEN YOUR STAY: ·        YOUR PERSONAL NARRATIVE ·        ALLOCUTION ·        THE FINANCIAL RESPONSIBILITY PROGRAM ·        REENTRY/RELEASE PLAN o   FIRST STEP ACT ASSESSMENT Questionso   SPARC-13 o    YOUR PATTERN is just a straight score SCORE, MALE – FEMALE)

 What you will be doing,Getting copies of all of your medical records – everything: ·        Labs, ·        Diagnostic Tests (MRI, CT, X-Rays, PET Scans, Ultrasounds, both in paper and CD format), ·        Prescriptions for medications and medical devices/glasses/prosthetics, etc., ·        Surgery and Pathology reports plus any other specialized documentation that is required. Your medications are either on ·        Formulary, ·        Non-Formulary, or ·        Not available [Therapeutic Drug Substitution Program (Page 44, 5/2022)], o   I suggest first getting your physician to review the BOP Formulary, and then persuade them to appear at your sentencing hearing should there be an issue with ‘continuity of care?’ Next, you’ll need copies of your ·        Highest education level completed, ·        Professional Diplomas, ·        Military Rank and Level at discharge (along with special training), and any ·        Trade or Occupational Certification(s). ·        Don’t forget copies of your Social Security Card, Drivers’ License, and Birth Certificate. For those, you want to email or call, or have a visit: have their names, email, addresses, and phone numbers written on the back of something from your legal case, in an envelope titled: Legal Mail to bring in with you. At the same time, you mail it to yourself 2 days before you surrender. Meanwhile, your attorney is networking to find out who your Probation Officer (PO) is, and calling them to learn,

1. A date that your required forms must be completed,

 2. A list of the documents that the PO needs,

 3. The date for the Presentence Interview (PSI), with

 4. The PO’s final “PSR dictation date,” provides the time for your legal team to define their defense strategy,·        …to consider, what was their client’s behavior, and role in the offense,·        …are there any grounds for relief from the Guidelines?·        …to start framing reasons as to “why,” this prison placement request is being made (e.g., medical, programming, etc.).

5. The attorney could build an introductory relationship to understand what the officer already knows, – which hopefully is not a lot!·        This offers the opportunity to explain your position, as the PO was not at trial, and therefore has not yet formed an opinion.·        Also, they likely have not yet spoken with the prosecutor, therefore they still may have an open mind.·        If not, and the PO had already spoken with the Prosecutor before they ever met/interviewed you – they may have already been influenced, just not in your favor.·        Your attorney can clearly make their case and position with a personal meeting.·        Meanwhile, you have begun writing your personal narrative which will undergo a dozen or so rewrites until it is distilled into its final version which you accept responsibility. It’s your story, a Unique and Honest version of the events that resulted in your arrest.·        The goal is for your Personal Narrative and Reentry Plan to be included in your Presentence Report. Then be ready should the Judge wish to speak with you at the Sentencing Hearing, and answer his/her questions, from the heart – honestly – Your Allocution

6. A little extra effort goes a long way when working with the probation officer.o   Consider presenting your entire view of the case, clearly in a letter to the PO, as soon as possible.o   If you feel the PO is receptive to a variance, this may be key to convincing the court to consider a sentence below the guideline range.o   As Probation Officers are very busy, doing their best, and never have enough time, they may appreciate your efforts in easing that portion of their workload,o   Remember, that a little bit of effort, is appreciated.

7. It is helpful to have the Probation Officer and Assistant U.S. Attorney (AUSA) buy into your client’s behavior and role in the offense, before requesting relief from the Guidelines, but again, before the dictation date.

8. At the same time, provide the court with sentences that other judges have imposed in cases like yours, highlighting the relevant case law that supports your sentencing position, making it simpler for the judge to find clearly.·        Over-crowding and staff shortages, if applicable, could affect your client’s access to their Programming Needs or other BOP Services that may be required.·         Another avenue: 18 U.S.C. §3553(a)(2)(D)requires a sentencing court to consider the care needed for a client’s medical condition, which may support the cost-related (home confinement) argument.o   This is most apparent in cases of inmates/patients, properly diagnosed as being Long-Haulers or having Post-COVID,§  Due to this, no prison, or jail mission is prepared to provide this type of 24/7/365 care.§  The cost of incarceration should also be factored into whether a sentence is “greater than necessary.”§  Last are those, where appropriate, emphasizing to the court what the client would be doing if not incarcerated (i.e., working, supporting a family, paying taxes, and/or restitution).

9, The sentencing memorandum,·        Corroborate the issue with the appropriate supporting documents, albeit a doctor’s letter/ report/ medical/treatment records, etc. Remember to document, document, document.·        All of this is preferably done under seal, via the Probation Office so that the information is appended to the PSR when given to the BOP.

Practice role-playing the Memorandum and Allocution with your attorney – is very helpful.

Are you a Veteran?There is a facility that caters to veterans.·        FCI Morgantown started a Veterans to Veterans Service Dog Training Program in 2011.·        These military veterans are housed in a special wing, and·        are responsible for training service guide dogs·        for other veterans with mobility impairments and/or·        Post Traumatic Stress Disorders (PTSD).

Catholic University Law Review; “Dog Training Programs support inmate rehabilitation”.

Other Military prisons with service dog training programs·        NAVCONBRIG Miramar (aka Joint Regional Correctional Facility Southwest)·        NW Joint Regional Correctional Facility Ft. Lewis Washington·        Military Prison at Fort Leavenworth·        Once their training is complete, these dogs are placed with veterans in the community who have:o   PTSDo   Mobility impairmentso   Contribute to other military service missions.o   These programs are run by K9 Companions For Independence. Your attorney has taken you this far, The Rest Is Up to You.

 Your Sentencing Hearing and Presentence Interview Is Coming – and Will Change Your Life.

 Now, Are You Prepared to Speak to Your Judge?

What is the ‘1’ Thing that Differentiates You from Everyone Else entering your Judge’s Courtroom?

Physician Presentence Report Service  #federalprison #pprsus #drblatstein

Dr. Marc Blatstein (Marc)

www.PPRSUS.com

Disclaimer: I am not an attorney, and yes you need legal representation. There is no guarantee, implied or otherwise of final prison placement, medical, or medication availability, or program enrollment once you’re incarcerated. The BOP has the final say on ‘All Inmate Issues’, placement, and program enrollment once incarcerated.

In addition to the defense teams’ insight as to their background and defense strategy, PPRS Prison Match™ is meant to be used solely as a ‘mitigation aide’ in the sentencing and prison placement decision-making process. These are recommendations only from PPRS/PPRSUS, and the final responsibility lies with the legal team, court, and BOP.

THIS UTUBE COVERS 

HOW U CAN HELP YOURSELF- GET THROUGH PRISON AND HOME THE QUICKEST 

AND THE STAKEHOLDERS THAT CONTROL ALL ASPECTS OF YOUR LIFE FOR THE NEAR FUTURE

AND HOW QUICKLY THAT PASSES – DEPENDS ON YOU

YOUR STAKEHOLDERS ARE: 

YOUR ATTORNEY – PROSECUTOR – PO - YOUR JUDGE – ONCE IN THE BOP IT’S ALL ABOUT YOUR 

UNIT TEAM AND CASE MANAGER

THE TOPICS: HOW TO GET HOME THE QUICKEST

THAT STARTS WITH THE JUDGE AT SENTENCING -AND YOUR NARRATIVE AND REENTRY PLAN

THEN – CASE MANAGER and UNIT TEAM => INFLUENCING 

THE RRC MANAGERS

·        IN THE AGE OF THE FSA·        NO INFRACTIONSo   2ND CHANCE ACT, WHICH IS OFFERED BY YOUR UNIT TEAM AND CASE MANAGERS·        THESE ARE THE BIG THING THAT YOU CAN CONTROL·        THERE ARE MORE, BUT THAT IS FOR ANOTHER TIME, SO LET’S TAKE A WALK THROUGH MY WEBSITE