If a person is found guilty of a federal drug crime and when the sentencing is handed down on the psi it states that they added points for possession of a firearm but, the defendant was and has never been charged with a firearm, can they do that? Also, there was originally 3 charges and one was dismissed because of illegal search and seizure, but when the sentence was calculated according to the amount of drugs possessed they also included the weight of the drugs from the case that was dismissed, can they do that? I mean legally? The defendant also supposedly didn't qualify for the safety valve because of this firearm they have never been charged with, ever! How can this be?
1 Answer from Attorneys
The convicted person needs to talk with the lawyer who represented him/her. This should have been discussed prior to sentencing.
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