HAVE REMORSE FOR YOUR VICTIMS AND ACCEPT RESPONSIBILITY WITH NO EXCUSES – MAY REDUCE YOUR SENTENCE

THIS IS YOUR MOMENT; WILL YOUR NARRATIVE MEET YOUR EXPECTATIONS?

IF YOU HAVE QUESTIONS, 240.888.7778; I ANSWER AND RETURN ALL MY CALLS. THIS ONE ON ME. -Dr. Marc

A well-written narrative shares your life history while accepting responsibility and remorse for the victims harmed. This prepares you for this conversation, your Story, or Allocution.

If you don’t agree with 100% of your INDICTMENT written by the DOJ, you have a choice: you can tell your story through a NARRATIVE that you write. If you do nothing, the Judge will be left to Sentence you based on the 4-Corners on Your INDICTMENT – The DOJ Wrote.

This video covers why your NARRATIVE is critical in your defense. Why? To date, the DOJ has published your story or autobiography in the form of your INDICTMENT, which was released everywhere across the net, and if you do nothing, your judge will read and assume the gospel truth.

There are no promises or guarantees regarding what any judge or the BOP will do on any given day.

Knowledge and Preparation will help build the confidence you need to complete this process.

Since you’ve heard that the Feds have been asking questions, their case against you is primarily complete, and the conviction rate is approaching 98%.

Hiring a great legal team doesn’t just mean they have experience; they must also have a proven track record of successfully defending cases like yours.

You should feel comfortable enough to ask questions to learn: 1) what goes into a narrative and why it’s important, 2)what prison is like and what happens on day one, 3)what you can bring and where to present yourself, and much more.

At sentencing is your chance to speak with your judge – talk to them honestly:

Why and What Happened that caused you to break the law?
Do you have remorse for the victims you’ve harmed, and are you willing to accept responsibility for your actions?
The Most Important Person You Meet Is Your Probation Officer, Who Interviews You. Will You Be Ready?
Their job is to write the official Presentence Report, which dictates your future, and then they provide your sentence recommendation to your judge.

A WELL-WRITTEN PERSONAL NARRATIVE CAN CHANGE YOUR LIFE

Putting your story into words (your Narrative), followed by your in-person interview (PSI) and then your conversation with your judge at sentencing (allocution), can impact your sentence either below the guidelines (for the better) or above the guidelines (you get the picture).
If you do nothing, the four corners of your INDICTMENT and PSR will convict you, which is likely not very helpful. You must be honest with yourself and tell your life story – from childhood until today.

A

Judges understand that crimes do not happen in a vacuum, and they already know what your Attorney (wants you to have no prison time) and the DOJ and the Prosecutor want; both want you in prison. The only person they do not know is you, and why did these events occur? What happened in your life? All they know is what they have read in the Presentence Report and your INDICTMENT unless you take the time to write a heartfelt, well-written Personal NARRATIVE.

A

IF YOU ARE NOT SURE WHAT TO DO FIRST, START WITH A FREE CONSULTATION FOR YOU OR A LOVED ONE. THIS IS MY CELL (240.888.7778); I PERSONALLY ANSWER AND RETURN ALL OF MY CALLS. -Dr. Marc

This should be provided to your Probation Officer 1-2 weeks before your Presentence Interview and included in your Presentence Report. It impacts STAKEHOLDERS you will meet, including:

Your Attorney: Besides your charges, they will learn more about who you are. This may help in your defense.
Your Probation Officer: Following your interview and investigation, they will draft the official Presentence Report based on what they have learned from you. Without a NARRATIVE, the report will be skewed toward the INDICTMENT version. Please take the time to write your NARRATIVE and proofread it and your Presentence Report for accuracy with your attorney.
The Prosecutor will still likely want to convict you but may be swayed by your NARRATIVE.
The Courts /Your Judge usually already has a sentence in mind by the time you get to your sentencing hearing.
- If your NARRATIVE were written and embedded within your Presentence Report, your judge likely would have read it and learned more about you than just what was in your INDICTMENT. Depending on your NARRATIVE, judges across the country agree that they want to hear from the defendants because crimes do not happen in a vacuum.
- Here is Federal Judge Mark Bennett, who Michael Santos interviewed.
  - Judges want to know why. After learning the why, do you take responsibility for your actions? Do you have remorse for the harm caused to the victims of the crime you have perpetrated?

Title 18, Section 3553, states the various factors that judges must consider when determining the proper sentence for a given offense. Among the most pertinent considerations are the Nature and Circumstances of the offense itself and the offender’s Personal History and Individual Characteristics.

These factors help ensure that sentencing decisions are fair and just and that the punishment fits the crime. This is your opportunity to provide your Story, Autobiography, or narrative of your life and what brought you to this day. Accept responsibility and Have Remorse for the Victims you Created.

E Factors

E Factors refer to circumstances that may warrant a departure from the sentencing guidelines established by the United States Sentencing Commission. These factors include aspects of the offense or the offender’s background that the guidelines do not adequately consider. Some examples of E factors include:

The defendant’s role in the offense
The defendant’s criminal history
The presence of substantial assistance provided by the defendant to law enforcement
The defendant’s mental or physical condition
- Mental Illness:
  Did this contribute to the crime? Was there a history of significant abuse or trauma growing up? Either way, have you been in therapy? Has your attorney requested that you be evaluated? If a current treating therapist exists, it is best for all if they appear as witnesses. Most judges would rather hear from a treating physician than a doctor for hire. This is not to put down experts, as they provide expert testimony that can only come from a select few.
- Was substance abuse involved in your charge(s)? Did you start treatment before your indictment, the guilty hearing, Presentence Interview (PSI), or Sentencing?
  - All the better, AA, NA, GA, or Psychological Counseling should be included in your PSR and Sentencing Memorandum. Letters verifying either completion or ongoing treatment add credibility.
The defendant’s acceptance of responsibility for the offense
Any other relevant factor that justifies a departure from the guidelines

F Factors (Below Guideline Range Factors)

F Factors refer to circumstances that may justify imposing a sentence below the guideline range, even if a departure is not warranted. These factors are also considered under 18 U.S.C. § 3553(a) and include:

The Nature and Circumstances of the Offense
The History and Characteristics of the Defendant
The sentence must reflect the offense’s seriousness, promote respect for the law, and provide just punishment.
There is a need to afford adequate deterrence to criminal conduct.
The public needs to be protected from further crimes the defendant commits.
The defendant must receive educational or vocational training, medical care, or other correctional treatment.

FAMILIAL HISTORY: Married – Children – parents’ responsibilities and sole caregiver

DEFENDANT’S PHYSICAL CONDITION: Medically documented, bad Back-Hip-Knees-Shoulder along with Tinnitus could provide your client with a Bottom Bunk. Diabetic, Vascular Disease, Raynaylds could allow the Medicare soft shoe or sneakers.

MEDICAL/PHYSICAL HEALTH, MENTAL AND EMOTIONAL HEALTH: Include ALL medical records, Labs, Surgery Reports, Diagnostic: X-rays, CT, MRI, Ultrasound, PET scans (in Written, Flashdrive or CD format), Prescriptions for medications (Check Generic Medication Availability), and medical devices, along will All physician contact information. These specific medical needs can be met if included as part of your Medical History;

Bottom Bunk: Past medical history of Tinnitus, vertigo, or back problems.
Diabetic Soft Shoes, Sneakers Instead of Rigid Institutional Boots: Past medical history of a torn Achilles heel, knee, or hip issues.
Being of a certain age / Having weight or having a Hernia issue: could result in getting passes of “no standing for prolonged periods” and “no lifting over 15 pounds,” helping you escape some of the crappier work assignments.
“Medical idles,” which get you out of everything, are also available, either short or long-term, for various ongoing ailments (ranging from a bad hip to PTSD).

SUBSTANCE ABUSE: Alcohol, Drugs (Legal or Illegal), within the previous 12 months before the arrest. RDAP allows up to 1 year off the sentence. They may do a Urine test.

If you started these programs on your own, before your Presentence Interview or before you were Indicted, MENTION THESE IN THE NARRATIVE, WITH COPIES OF YOUR TREATMENT RECORDS FROM YOUR PROVIDERS (AA, NA, Gambling, or a Sex Therapy Program).

EDUCATION AND VOCATIONAL SKILLS: Copied of the highest level; otherwise, a GED will be required in prison. If you have experience with computers, administrators frown on these skills, so you may not want to include these certifications.

The 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.
Your Client Is An Entrepreneur: think about creating a course.

MILITARY: Copies, branch, discharge?

EMPLOYMENT: The P.O. will check. Judges love a good work record or history.

STATEMENT FINANCIAL RECORDS: If there are financial fines/ restitution, Congress and The BOP now strongly encourage participation in their Financial Responsibility Plan in order to benefit from all Earned Time Credits and access to Programming. This is in addition to all other required financial records. Don’t try to hide parts or all of this, as the P.O. may find out, angering the Judge.

Building Your Narrative Influences the Stakeholders You Haven’t Met Yet

This includes the BOP Office of Designation, Grand Prairie, TX. As part of your Presentence Report, it will impact where they place you, yet you have never met them.

And, importantly, the BOP Staff, Warden, Unit Team, and Case Manager. For case managers and unit teams, these are employees, and they see hundreds of inmates/people (if not thousands), so how can you differentiate yourself – demonstrate that you are staying out of trouble, doing your assigned job, attending FSA Classes, and doing other constructive work. Reading Non-Fiction, teaching a course, and documenting everything you do (these are ideas I learned from others). Are you an artist? That is important as long as you have constructive interest that can lead to a career after release. There are few ways in prison to demonstrate an individual’s Personal Growth and Development that prepare them to reenter society as law-abiding citizens. However, using your time constructively is essential, as BOP Staff will observe you daily.

Eventually, you will be released. Will you need to work? What are your interests? Is this too early or premature in your sentence to consider this question? Honestly -> No.

Are you a High School Graduate? If not, consider getting your GED. If yes, get a College Degree with the Second Chance Pell Grant.
If you have already graduated from college or graduate school or built a successful business, consider teaching a course and giving credit to your case manager.
In the meantime, use your time constructively. Read to learn, which is Non-Fiction on any topic from painting to computers, History to Philosophy. And if you’re serious, which I hope you are, write down the parts that interest you for later use.

Your Allocution

Developes from your Narrative. During the judge’s conversation with you, in addition to covering the points below, he/she may want to know your plan is not to return to their courtroom. This is a short, to-the-point video.

During Your Allocution, Judges Look For,

A sincere demeanor
Discuss what “taking full responsibility” means to the defendant.
An acknowledgment that there are victims (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);
A more impressive Allocution details how the defendant’s criminal conduct affected the victims.
An expression of genuine remorse.
A plan to use prison or probation time productively.
Discussing why the defendant wants to change his or her criminal behavior, perhaps most importantly, information that helps humanize the defendant and the defendant’s role in the crime.
Tell their story, but don’t minimize the seriousness of what your client did.
Judges sometimes ask defendants what they will do to reduce their need to re-offend upon release.
Show his/her strengths and weaknesses.
If you can show that you and the court agree on the seriousness of the offense, the chances of the court accepting your other statements will increase.

Discuss a Real-Life Example That Ended In a Recent Appeal:

3/28/2024, Sam Bankman-Fried Sentenced to 25 Years. When You Don’t Accept Responsibility, and Have No Remorse for Victims You’ve Harmed.

Judge Kaplan went on to say that,

Bankman-Fried repeatedly committed perjury and witness tamperring.
“This man could do something terrible in the future, and it’s not a trivial risk.”
Accept Responsibility – Don’t Blame ‘Others.’
Express Remorse – Judge Kaplan said he expressed “never a word of remorse for the commission of terrible crimes.”

…Overlooked at first? – Now On Appeal, INTEREST OF AMICI CURIAE:

ASD, ADHD, Their Presentation and The Legal System

AMICI CURIAE BRIEF CONCLUSION: The undersigned expresses no opinion on whether Mr. Bankman-Fried should have been charged, tried, or convicted. They offer the foregoing solely out of their concern that the FTX bankruptcy was used in ways that blur the healthy boundary between Chapter 11 and criminal justice systems.

SBF AUTISIM APPEAL BRIEF Download

YOUR NARRATIVE IS STORY TELLING