Author Topic: CAN SANDALS APPEAL  (Read 4222 times)

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LUCPARK

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CAN SANDALS APPEAL
« on: January 19, 2023, 09:42:27 PM »
Iím not a lawyer Iím just asking for all these folks that are lawyers on this worthless form can sandals appeal the verdict
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PucksnHorses

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Re: CAN SANDALS APPEAL
« Reply #1 on: January 19, 2023, 10:24:07 PM »
I believe he can, but his chances are slim of getting it overturned or getting less time. The appellate court rarely overturns these kind of verdicts, I think it is less than 3% or something, it might be lower than that actually.

COUNSELOR

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Re: CAN SANDALS APPEAL
« Reply #2 on: January 19, 2023, 11:10:41 PM »
USUALLY EVERYTHING IS APPEALABLE EXCEPT A GUILTY PLEA!  THE TIME TO DO THIS WAS FOR THIS FELLA TO WITHDRAW HIS PLEA DUE TO UNDERLYING PRESSURE TO PLEAD.   THE JUDGE WOULD HAVE DENIED IT ANYWAY.  IT IS VERY DIFFICULT TO APPEAL SOMETHING THAT THE DEFENDANT JUST STATED IN COURT THAT HE DID.   THAT IS WHY USUALLY THERE IS NO APPEAL IN A PLEA DEAL.

IN THE CRIMIAL JUDGMENT THERE WILL BE A STATEMENT IF IN FACT THE JUDGE MAKES AN EXCEPTION AND PERMITS AN APPEAL.   I READ THE JUDGES STATEMENTS AND FROM THEM I ASSUME SHE WOULD NOT MAKE AN EXCEPTION FOR THIS FELLA TO APPEAL----BUT, IF SHE DOES IT WILL BE STATED IN THE CRIMINAL JUDGMENT.

I CHECKED THE DOCKET A FEW HOURS AGO AND THE RESITUTION ORDER OF $42,752,532 WAS ALREADY ENTERED BY THE JUDGE.  ADDITIONALLY, THE FORFEITURE ORDER OF $260,561 WAS ALSO ENTERED BUT THE COURT JUDGMENT HAD YET BEEN ENTERED.   THIS WILL SPELL OUT THE COMPLETE SENTENCE, CONDITIONS, SPECIAL CONDITIONS AS WELL AS PROBATION ONCE THE SENTENCE IS COMPLETED.   THIS DOCUMENT IS WHAT THE PRISON LAW CLERK WILL PULL BECAUSE IT WILL STATE THE CHARGES AS WELL AS THE COMPLETE DOCKET ON PACER FULLY DISCLOSING THE PROFFER.

THIS CASE FOLLOWED MOST AS THE PSR RECOMMENDED 72 MONTHS.  THIS IS THE BIBLE FOR THE JUDGES AS THEY DO NOT INVESTIGATE THE CRIMINALS--THEY RELY ON THE PSR AND THE SPELLED OUT GUIDELINES.  WHEN YOU PROFFER--USUALLY YOU CAN EXPECT ABOUT A 10% REDUCTION IN YOUR SENTENCE---IN THIS CASE THE 72 MONTHS WAS REDUCED TO 62 MONTHS---10% WOULD HAVE BEEN 7.2 MONTHS---SO 62 MONTHS IS VERY CLOSE TO THE STANDARD.

THE MONEY JUDGMENT AND THE RESTITUTION WILL NEVER GO AWAY.   EVEN BANKRUPTCY WILL NOT REMOVE THESE ITEMS IN A CRIMINAL JUDGMENT.  THEREFORE, THIS YOUNG MAN WILL BE PAYING A PART OF HIS INCOME UNTIL HE DIES SOMEDAY.   FURTHER, EVEN HIS EARNINGS IN PRISION OF ABOUT 20 CENTS PER HOUR WILL BE GARNISHED.   MINIMUN PAYMENT EVEN WHILE INCARCERATED WILL BE $25/QUARTER.

EVEN IN A PERFECT WORLD AND INCLUDING THE FIRST STEP ACT---THE MOST PERFECT INMATE WILL SERVE AT LEAST 31 MONTHS OF THIS SENTENCE AND THE REMAINDER AT HOME.   31 MONTHS UNDER THESE CONDITIONS WILL DESTRY MOST----NOT SURE WHO SAYS THERE IS A CLUB FED BUT THERE IS NOT.  PRISON IS PRISON.

THIS YOUNG MAN WILL BE TESTED FOR THE REST OF HIS LIFE.  TOMORROW YOU WILL SEE THE CRIMINAL JUDGMENT AND THAT WILL EXPLAIN THE SENTENCE IN MORE DETAIL---EITHER WAY, THIS FELLA HAS THE REST OF HIS LIFE NOW TO TRY TO BEOME NORMAL----MOST NEVER DO!

REGARDING THE REDACTED NAMES---ALLEGEDLY THIS INVESTIGATION STARTED IN 2015 AT CHESTER.   THESE THINGS CAN GO ON FOR YEARS SO IF THERE IS A LOT OF DATA---IT IS MY GUESS THAT THIS IS NOT OVER.  THE GOVERNMENT HAS A HUGE INVESTMENT IN THIS AND TRULY WANT JUSTICE FOR THE WRONGS!!!   

I PERSONALLY BELEIVE THAT THIS FELLA DODGED A REAL PROBLEM AND 62 MONTHS WAS A VERY LOW SENTENCE FOR WHAT HIS INVOLVENMENT WAS IN THIS CASE! 

TO ANSWER YOUR QUESTION SIMPLY CAN HE APPEAL?  THE COLD HARD ANSWER IS NO UNLESS THIS JUDGE FEELS LIKE HE DESERVES A VARIANCE FROM NO APPEAL AND GIVES HIM 10 DAYS TO APPEAL EVEN THOUGH SHE IS NOT REQUIRED TO DO SO!

MikeAnt

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Re: CAN SANDALS APPEAL
« Reply #3 on: January 20, 2023, 01:27:32 AM »
He canít appeal. He accepted the deal and entered into a guilty plea agreement. You canít appeal something that you agreed with after the judge asked him and cautioned him if the guilty plea was his own voluntary plea and the terms and understanding of his plea. He absolutely admitted guilt and in exchange for a lighter sentence entered into that agreement with the prosecutor.

Low Groove

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Re: CAN SANDALS APPEAL
« Reply #4 on: January 20, 2023, 02:09:40 AM »
Ask his Lawyer, since you have a direct line

Parked

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Re: CAN SANDALS APPEAL
« Reply #5 on: January 20, 2023, 06:57:44 AM »
When do his lawyers get paid and from where.  Some of his previous owners ?? I expect they have long ago disassociated from ever known him.  Some may not be sleeping well. 

Lance

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Re: CAN SANDALS APPEAL
« Reply #6 on: January 20, 2023, 08:05:44 AM »
 Is he allowed visitors there and if so, are you allowed to use the showers when you go visit.

racing123

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Re: CAN SANDALS APPEAL
« Reply #7 on: January 20, 2023, 08:51:48 AM »
Nick will be a no show when it's time to go in...the only question is which city and state will he try n hide at? 

Dr. O

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Re: CAN SANDALS APPEAL
« Reply #8 on: January 20, 2023, 11:54:50 AM »
Nick will probably be appealing to several of the fellas at his destination.

FirstUpFrom8Hole

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Re: CAN SANDALS APPEAL
« Reply #9 on: January 20, 2023, 12:22:51 PM »
If, and that's a big if, he pays back any of that millions he owes where does it go? Who gets to decide how its distributed?

LUCPARK

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Re: CAN SANDALS APPEAL
« Reply #10 on: January 20, 2023, 12:46:48 PM »
If, and that's a big if, he pays back any of that millions he owes where does it go? Who gets to decide how its distributed?

He doesnít have 42 grand

Let alone 42 million

Stop it
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augustaandy

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Re: CAN SANDALS APPEAL
« Reply #11 on: January 20, 2023, 01:15:37 PM »
can never appeal a guilty verdict

on the bright side, free room and board plus free medical care

FirstUpFrom8Hole

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Re: CAN SANDALS APPEAL
« Reply #12 on: January 20, 2023, 01:31:44 PM »
He doesnít have 42 grand

Let alone 42 million

Stop it

Ok. But let's just say at some point he gets a garnishment on his wages. Even if it's only a few dollars. Where does it go? I'm sure the horsemen he screwed over will never see a dime

wecandream

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Re: CAN SANDALS APPEAL
« Reply #13 on: January 20, 2023, 01:48:17 PM »
Racing123,

I doubt heíll want to run and be a fugitive! Then when they catch him heíll have to do more timeÖ.
How would he live, eat, sleepÖ..

jupiter

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Re: CAN SANDALS APPEAL
« Reply #14 on: January 20, 2023, 02:27:58 PM »
I wish he would run, he's not smart enough to make it a week. More time is better for the rest of us. Need a shock collar on him. Blast him a few times a day just to keep him up on his toes.

 

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