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Prison Pete

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Tuesday, February 15, 2005
  I am still writing.
Lying down just does not seem to be an option right now.

The key to this case seems to be which parts of the guidelines the Supreme Court ruled were illegal and how they were illegal. If they in any way lean toward the option that they are no longer judge's discretion, which is how the judge characterized them in my denial, but merely the effect of indictments, thus need to be ruled on by a jury, then perhaps I have a shot.

The key might come down to which parts of sentencing are no longer the judge's sole discretion. There are lots of specific points that a judge could use. The one downside is most were specific in terms of what they applied to. For example, one was for a drug kingpin, one was for lying to feds, etc. The one my federal judge used was a catch-all; i.e. if you want to specify a sentence and cannot find a specific category, use this case number and state your reasons.

The one good thing on my second reading of the denial seems to be it’s exactness in what the judge hung his decision on. The enhancement is not considered a matter of law to be double jeopardy. That is what I hope I can combat with the recent Supreme Court ruling. The other good point is since this is dated prior to the Supreme Court ruling, they cannot say they used it already.

I see how my brain is working. I am building up little hopeful signs of my way out of this. Welcome to the rollercoaster that is my life! And to think, I used to love rollercoaster's.

Well it is 3:00 PM, the shift is changing, and I have yet to try to lie down. I have been pacing most of the time. I am watching through the door to see if they brought the mail up yet. It could be a little late today since yesterday was a holiday. It usually took a little longer at FCI on Mondays and after holidays.

Our two cops are here and I do not see any mail. I am still pacing. Dinner looks to be almost here, so I guess eating will be before mail.

Cool, your letter finally arrived.

We were fed in our rooms tonight since they are working on one of the cells, so I ate the vegetables, took the four slices of wheat bread, and slid the tray back out. I passed on the rubber bread pudding and pork mystery goulash meal. Oh yeah, we got eight ounces of cold milk instead of Kool-Aid.

Now to read the mail. Stand by for some responses.
 
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