Michigan A.G. States Sex Offender Registry is Punishment

It has been a busy week this past week and for the most part, it has been beneficial to inmates, or at least rather to those convicted of felonies.

First, let’s begin out of Michigan. Michigan’s sex offender registry has been in the news a lot in the last few years. In fact, it has been to the U.S. Supreme Court twice. Once, it upheld a decision by the appellate court that parts of the registry were punishment and therefore could not be applied retroactively. In that case, the U.S. Supreme Court upheld the decision. In another decision, when the state appealed to the U.S. Supreme Court, their cert petition was denied.

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The Internet: To Help or Terrorize?

Before I get into today’s post, I want to remind everybody that if your release date from the BOP is between now and July, we need as many people as possible to file a motion with the court in order to try and get our good time. A few people have already done this and are awaiting rulings. If you are somebody that meets this criteria (release between now and July), again, you can have someone download a sample motion that you can submit to the court in the jurisdiction in which you are presently being held and file it against the warden of your institution. You can download the motion in Microsoft Word by going to this address:

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The Import of Haymond

Later this month, the Supreme Court is set to hear arguments in United States v Haymond, a case that tests the legality of increased mandatory minimums and maximums for sex offenders who are accused of committing another sex offense while on release. Haymond had the misfortune to get malware on his smartphone, which gave him all sorts of nasty little goodies, including child pornography. As the evidence was pretty conclusive that he did not deliberately download these files, the Government tried to convict him through the back door of revoking his supervised release.

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A Look at Release Itself

As we previously mentioned in Wednesday’s post, we were working on a sample motion to submit to the court to try and get your extra good time. Again, this is mainly for people whose scheduled release date is between now and January. Simply fill in the blanks and put the name of your warden as the respondent. If you don’t know your warden’s name, just put Warden, Institution Name.

Anyway, your family can download and print off a copy of a sample form motion and mail it to you. They can download it at:

http://www.jacobloganstone.com/wp-content/uploads/2019/02/Good-Time-Fed-Motion.docx.

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How to Petition to Get Your Extra Good Time

First off, I apologize for the delay. I had another brain fart and send this post to the wrong email, so that is the reason for the delay from yesterday. As previously mentioned, one court in Illinois has denied the opportunity to correct the good time fix by stating that it is not in effect until at least July. We disagree with that. So we have prepared a sample motion for people to file with the district court in the district in which you are PRESENTLY LOCATED, not the district in which you were sentenced.

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How to Petition to Modify Your Conditions of Supervised Release-Part 3

One of the main factors of supervised release-that it was not supposed to be punishment at all, but was meant to help the individual reintegrate into society-has largely been forgotten. Yet, it is something that courts should be reminded of, and the petition should explain how any challenged condition impedes this goal. Pointing out the real world consequences of a condition are far more likely to sway any judge than a legal argument, and many judges have modified conditions on this basis alone.

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Lessons from the “Remedy Process”

Most of us have been on the receiving end of misbehavior by prison officials. Trying to bring staff’s bad behavior to the attention of the higher ups is, at best, an exercise in frustration, and, often, futility. Poorly designed “remedy” procedures are staffed by apathetic and-to be fair-usually overworked aides who just want to quickly dispose of numerous complaints and move on to one of their other myriad duties. The actual signee, like the Warden, usually does not even read what they sign.

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How to Petition to Modify Your Conditions of Supervised Release-Part 2

In challenging conditions already imposed, you must essentially treat this as a reverse sentencing, showing the condition does not comply with the release statute. Courts have broad discretion to impose conditions that are related to one of the following:

(1) the characteristics and nature of the offense;
(2) preventing more crime;
(3) protecting the public; and
(4) providing you needed services or treatment.

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Steak and Shrimp and LOTS and LOTS of Lies

There have been talks since December 21st of last year regarding the government shutdown. Is it the fault of the President and his wall or Nancy and Chuck’s position on not giving anything to get something? Either way, no matter whose at fault, the shutdown is affecting over 800,000 federal employees. What it doesn’t take into account is the millions of others it is affecting as well.

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