9/2/09

Sentencing Unconstitutional

A Federal Judge declares the federal sentencing guidelines unconstitutional because they unfairly limit judges.  He also pointed out that in his opinion, "97% of federal criminal cases are resolved by plea bargains". This statement in itself tells us that if this is the percentage then something is terribly wrong with the system. In the institution where my husband is housed, he states that many of the inmates tell him that they had no choice but accept a plea as their families were threatened. Here is an example of such a story:


Christian (Chris) Navoy, was busted last year on charges related to the Research Chemicals and Conversion kits he’d been selling through his site “ResearchChemist.com”. He was recently sentenced to 27 months in prison and 3 years probation. Additionally he was ordered to forfeit almost $2 million dollars in assets (as I told you last year, the government immediately filed to seize those assets). As I also told you when Chris was originally busted – he was pretty much f*cked. Ultimately he pleaded guilty to one count of: conspiracy to introduce misbranded drugs into interstate commerce, to sell drug paraphernalia, and to commit mail fraud. I’d like to note, at this point, that all research chemical companies are guilty of the exact same thing. If you need a refresher course, Rick Collins has told us all about his feelings on Research Chemicals previously.

In this particular instance, it appears that the Feds have used one of their favorite tactics – agreeing to drop charges against a family member (Chris’ wife), as long as the person they’re after takes a guilty plea. Sometimes this tactic backfires, and people just kill themselves to save their families – that’s not something the government likes to brag about.


So they would take the plea bargain versus having a family member indicted for a crime they did not commit. My husband did not take a plea bargain but was not naive to the risk involved in declaring his innocence. In the end, four years later, he still recieved a sentence 3 months over the plea bargain offer. The judge was fair and noted that he was not as involved as the others. I was not able to attend all of his court appearances because it was so expensive to fly and stay on the opposite side of the country which was were his trial was held. During the trial, I sat in stunned disbelief at the manner in which the prosecution delivered their case. They would laugh, joke, tell boldface lies, and throw confusing statements at the jury for them to decipher. I'm not uneductated and I can honestly say that had I been on a similar jury with a case so complex, I would not have been able to make a decision. Our home is a three bedroom ranch, not a castle. We did not make a ton of money. He was only involved less than 6 months. There were a great number of people involved to a far greater degree than he was but it was like they just picked him out. There was even another person who had the same first name that had been involved from the beginning and to this day we think they got them mixed up. The government is not one to admit a mistake. The guidelines and the sentencing practice provides nearly no leedway for the defandand to be able to at least where an ankle bracklet and go home where they at least lend some support to their families instead of the government keeping them confined costing us tax dollars.

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