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Monday, May 14, 2012

Substance Abuse and Federal Sentencing

www.TheMiamiDefender.com

The Law Office of Robert J. Lee, P.A.

When the Federal Court sentences a defendant to a term of imprisonment, the Probation Officer in charge of completing the Presentence Investigation Report may recommend to the bureau of prisons that the defendant be placed in a residential substance abuse program for those who qualify (18 U.S.C. Sect. 3621(e)).

Pursuant to the bureau of prisons program statement (P.S. 5331-02), those serving 37 months or more may be eligible for a sentence reduction up to 12 months; those serving between 31 and 36 months may receive a reduction of up to 9 months; and those serving less than 31 months may be eligible for a reduction of up to 6 months for participation.

As such, review carefully the bureau of prisons program statement (P.S. 5331-02) and determine whether you may be eligible. For example, those with prior convictions of homicide, rape, robbery, aggregated assault, arson, kidnapping or an offense which involves sexual abuse of a minor may not be eligible.

For further information regarding P.S. 5331-02 and how it may affect your case and/or sentencing please visit www.TheMiamiDefender.com (The Law Office of Robert J. Lee, P.A.) or call us at 305-322-9971 for a free initial consultation.

www.themiamidefender.com

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