| Subject: | Re: [RESOGUIT-L] Boze Update as of 5/14/07 - watch for sentencing letter | | Date: | Monday, May 14, 2007 20:54:54 (+0100) | | From: | billinwales48 <billinwales48 @..........uk>
|
Betty, Great stuff keeping us informed. I live in the UK Boze only got
a magazine subsription out of me. Bill W
>----Original Message----
>From: bettywheeler@gmail.com
>Date: 14/05/2007 20:00
>To: "Resoguit-L"<RESOGUIT-L@ELISTAS.COM>
>Subj: [RESOGUIT-L] Boze Update as of 5/14/07 - watch for sentencing
letter
>
>I spoke with the prosecutor and postal inspector (agent) today to get
more
>information on the status of the Boze case. First, there is no plea
>agreement; Boze has agreed to plead guilty to the same charge, felony
mail
>fraud, that was originally filed against him. So there will be no
reduction
>in the charge. He will enter this plea before the magistrate judge
on
>Wednesday, and the judge will order a presentence report (PSR) to be
>prepared for use in the judge's sentencing decision, which will be
due in a
>couple of months.
>
>We can anticipate a sentencing date to be set for approx. 3 months
from
>now. The federal sentencing guidelines are built around a type of
point
>system, with a base offense level of a certain number, and then the
>potential for the addition or subtraction of points based on a lot of
>different factors. Boze will receive a 3 point reduction as a result
of his
>guilty plea.
>
>Neither the prosecutor nor the agent could give me a read at this
point as
>to where Boze would likely end up with respect to sentencing. Two of
the
>biggest factors in addition to the base offense level (7 points, if
I'm
>reading the guidelines correctly) are the total losses resulting from
Boze's
>conduct (6 points if more than $30,000; 8 points if more than
$70,000; the
>next level if $120K, which I don't believe is likely to apply here),
and the
>number of victims involved in the offense (2 points if 10 or more; 4
points
>if 50 or more, with the next jump occurring at 250 or more). There
are
>other factors as well, with the main one applying to this case, as I
>understand it, being the 3-point reduction because of the guilty
plea. So a
>semi-educated guess on my part would be that, depending on the total
amount
>of losses and victims documented in this case, Boze could end up with
>something in the range of 15-19 points before the 3 point reduction;
that
>would put him in this sentencing range: if 15 points, 18-24 months;
if 19
>points, 30-37 months. The three point reduction would affect that as
>follows: if 12 points, 10-16 months; if 16 points, 21-27 months. I
>emphasize, however, that this is just a quick, informal estimate, not
>anything from any of the officials involved.
>
>The PSR is done by an office called the probation office, even though
that's
>a sort of misnomer with respect to this work, since probation isn't
what is
>at issue. All of the victims who are documented in the case -- those
of you
>who have been getting the letters notifying you of the trial date and
the
>rearraignment and plea date -- should be receiving a letter from the
>probation office, giving you the opportunity to "tell your story" as
part of
>the preparation of the PSR. I would encourage each of you to PLEASE
respond
>when you get this letter, and send in your story, so that the PSR
will be as
>strong as possible in terms of representing the full range of victim
>experience. A restitution order is also typically seen in this type
of
>case, so I would also encourage victims to mention restitution in
their
>communication to the probation office with respect to the PSR.
>
>Meanwhile, it is likely that Boze will continue to be held in federal
>custody pending the sentencing date, since if anything, the entry of
a
>guilty plea is considered to make him more of a flight risk.
>
>Bottom line: Boze will end up with a felony mail fraud conviction on
his
>record; he will likely be sentenced to prison for some period of time
>(possibly in the 21-27 months range, but that's a guess) and will
likely be
>ordered to make restitution to his victims.
>
>I'd like to thank all the victims who persevered through this case
and took
>the actions necessary to support this prosecution. I also thanked
the
>prosecutor and agent for their work on this case, because I believe
they
>have done a good job and are getting a good result.
>
>--Betty
>
>
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