In this article and in a question posted by a reader in response to an earlier post, it has been suggested that Vick may have intentionally tested positive for pot in order to gain access to the BOP DAP program (drug and alcohol program). I originally thought the reader's question was absurd but then I read an article (linked above) suggesting the same thing and I still think it is absurd.
The premise of this theory is that there is only one statutory basis for reducing one's federal sentence other than the 15% good-time credit all inmates are entitled to... getting into the drug and alcohol program. Since Vick has no documented drug history, why not create one? The positive test cannot technically be the basis for an enhancement for the charges he pled guilty to so where's the risk.
I think there are several.
First, according to Vick's plea agreement, he is facing 12-18 months, assuming the judge does not depart from the guidelines. The drug program takes 9 months to complete plus a mandatory 6 months in a halfway house for a total of 15 months.... once you get in, which takes a month or two minimum. If Vick gets the 12 month sentence, with good time, he would only do 9.5 months plus 1 month in a halfway house for a total of 10.5 months. He has nothing to gain by getting into the drug program. Vick's best strategy is to do everything he can to persuade the judge to sentence him to the lower end of the range so he can be done in 10.5 months.
Second, the judge did not have to let him out on bail pending sentencing after he entered his guilty plea, although that is common in non-drug and non-violent (human violence) offences. By violating the conditions of his release he basically spit in the face of the guy who is going to determine how much time you spend in prison. Of course, having now pissed of the judge, he may get a long enough sentence that getting in the drug program actually may be of some benefit! This is taking 5 steps backwards in order to take 1 step forward. Dumb. Dumb. Dumb.
Third, Vick's re-entry into the NFL is of major importance. By testing positive for drugs, he makes it more likely that Commissioner Goodell will suspend him after he gets out of prison, further delaying his opportunity to make millions of dollars.
I simply cannot imagine a situation in which any competent lawyer would intentionally advise his client to commit a crime (smoking pot is a crime) in order to, by some perverse logic, potentially shorten his sentence by providing a factual basis for getting into the drug program.
Finally, with respect to the presentence report, it is true that the contents of this report, which is an exhaustive intrusion into every aspect of a defendant's life, goes a long way towards determining one's eligibility for the drug program. But all Vick has to do is say that he has used drugs in the past (they will ask him this) and that it impaired his judgement when he commited these crimes. He doesn't have to test positive again while on pretrial release to make the point!
If I had suggested such a strategy to my lawyer, she would have slapped me upside the head (figuratively, not literally). Now I was certainly prone to suggesting "out of the box" ideas and strategies, of which this would definitely qualify, and she was equally adept at shooting them all down.
There was only one rational posture for Vick once he entered his guilty plea and that was remorse. Whether one is sincerely remorseful or not, you should at least do a credible job of faking it!
Testing positive for pot is nothing but sheer arrogance, not some clever sentencing strategy. Judge Hudson is known as a tough sentencer. I don't think he will be impressed.
Friday, September 28, 2007
Friday, August 24, 2007
Jim Black Release Date Announced (Revised)
Jim Black's release date has been calculated by BOP - Feb 24, 2012. [Note: as reader notes below, the date was originally Feb 28, 2012 and revised downward the next day. I am sure Black's lawyers will doublecheck everything to make sure it's right and let them know... unless BOP wrongly calculated in Black's favor of course, in which case they will keep their mouths shut :) ]. Using this time and date calculator, he will serve about 1671 days or about 55 months (4 years, 6 months and 26 days) of his original 63 month (1916 days, calculated as 365 x 5 + 91) sentence. Note that this is not 85% but 87.2%. (1671/1916=87.2%), which is why I explained earlier that federal inmates do not really get 15% off their sentence for good time but closer to 12.8%. In effect, BOP is cheating him out of about 1.5 months based on their calculations. He is getting 245 days good time when it should be more like 287 days (1916 x 15%) so he is losing 42 days based on BOP strange calculation method.
Of this 55 months, he will be allowed to serve the final 10%, or 5.5 months, in a halfway house, presumably in Charlotte. That means he will actually spend about 49.5 months (4 years and 1.5 months) in "real" prison before release to the halfway house. In reality, most inmates do not spend all of their time in the halfway house, but are released after a much shorter period, depending on how overcrowded it is. He may spend 6-8 weeks in the halfway house I would guess.
It turns out I won my own contest to guess the release date. I guessed March 9, 2012 so I was off by 13 days.
Of this 55 months, he will be allowed to serve the final 10%, or 5.5 months, in a halfway house, presumably in Charlotte. That means he will actually spend about 49.5 months (4 years and 1.5 months) in "real" prison before release to the halfway house. In reality, most inmates do not spend all of their time in the halfway house, but are released after a much shorter period, depending on how overcrowded it is. He may spend 6-8 weeks in the halfway house I would guess.
It turns out I won my own contest to guess the release date. I guessed March 9, 2012 so I was off by 13 days.
Saturday, August 18, 2007
Clothing / Laundry
[This was written while in prison.]
When you are admitted to FPC Pensacola, you are assigned the following clothing:
5 green shirts (long-sleeve if you want)
5 green pants
1 green jacket
4 white t-shirts
4 white boxers/briefs
4 pair of white socks
You also get 2 twin sheets, 2 blankets, a pillow and pillow case, 2 laundry mesh bags, and one pair of black Rhino steel-top work boots.
Additionally, you can buy sweats (shirt, shorts, pants) and additional boxers, t-shirts, and socks at the commissary on monday nights.
Only prison camps have green uniforms All other federal prisoners where khaki uniforms. Or so I am told... I have nothing to document that.
The green shirts and pants have your name tag ironed on. The name tag includes your name, id number, and laundry bin number. You laundry bin number is also attached to your laundry mesh bags.
(click to enlarge)
There are two ways to clean your clothes -- use the prison laundry or use the dormitory laundry.
Each dormitory floor has a laundry room for use by inmates. My room is next to the laundry room, which has 3 commercial washers and 3 commercial dryers. Oftentimes, I get up in the middle of the night to use the bathroom (which requires me to walk past the laundry room) and I will see someone doing their laundry (or someone else's -- it is common to pay poor inmates to do your laundry). You can buy laundry soap in the commissary.
This will come as no surprise... I do not do my own laundry. I use the prison laundry.
The prison laundry is located on the backside of the old airplane hangar behind the dorm. I can see it out my window across the staff parking lot. [See second picture at the bottom of the page.]
This is how the procedure works.
Put all your whites and sweats in your mesh laundry bag and use the pull string to tighten the opening (you should also tie a knot to prevent the pullstring from loosening otherwise the contents will empty into the wash).
Walk to the laundry and drop your bag through the chute in the door along with your separate greens. This should be done before 7a. Since your greens have an id number on them, as does your mesh bag, the laundry staff can keep your stuff together.
The mesh bags are loaded into 160lb commercial washers. Of coarse, the greens are washed in separate loads. After washing, they are dried in big tumble dryers. After drying, the green shirts and pants are folded by the inmates who have laundry duty that day. I did this 2 or 3 times during my stay.
The mesh bads and folded greens are then stacked in cubbyhole bins according to each inmate's laundry number (I'm 702 as you can see on my id tag above).
Laundry can be picked up after 2p. In other words, you drop your laundry up before work in the morning and you pick it up when you return in the afternoon. Pretty simple. I usually do it on Monday.
As for linens, you take your 2 sheets, 2 blankets, and pillowcase and exchange them for clean ones; you don't keep washing the same ones over and over.
Inmates run the laundry although they are supervised by a staff person.
I am going to try to keep one set of greens and my work boots when I leave as "souvenirs" but I don't know yet if it is allowed. I thought it would make an original (and authentic!) Halloween costume.
In the meantime, I will get a picture taken of me in greens so you can see that the uniforms are not bad. Except for the name tag, no one would know that you are an inmate. It's not like walking around in an orange jumpsuit.
[UPDATE: I was not allowed to take any clothing with me :( I did get a picture taken which is displayed above. ]
When you are admitted to FPC Pensacola, you are assigned the following clothing:
5 green shirts (long-sleeve if you want)
5 green pants
1 green jacket
4 white t-shirts
4 white boxers/briefs
4 pair of white socks
You also get 2 twin sheets, 2 blankets, a pillow and pillow case, 2 laundry mesh bags, and one pair of black Rhino steel-top work boots.
Additionally, you can buy sweats (shirt, shorts, pants) and additional boxers, t-shirts, and socks at the commissary on monday nights.
Only prison camps have green uniforms All other federal prisoners where khaki uniforms. Or so I am told... I have nothing to document that.
The green shirts and pants have your name tag ironed on. The name tag includes your name, id number, and laundry bin number. You laundry bin number is also attached to your laundry mesh bags.
(click to enlarge)
There are two ways to clean your clothes -- use the prison laundry or use the dormitory laundry.
Each dormitory floor has a laundry room for use by inmates. My room is next to the laundry room, which has 3 commercial washers and 3 commercial dryers. Oftentimes, I get up in the middle of the night to use the bathroom (which requires me to walk past the laundry room) and I will see someone doing their laundry (or someone else's -- it is common to pay poor inmates to do your laundry). You can buy laundry soap in the commissary.
This will come as no surprise... I do not do my own laundry. I use the prison laundry.
The prison laundry is located on the backside of the old airplane hangar behind the dorm. I can see it out my window across the staff parking lot. [See second picture at the bottom of the page.]
This is how the procedure works.
Put all your whites and sweats in your mesh laundry bag and use the pull string to tighten the opening (you should also tie a knot to prevent the pullstring from loosening otherwise the contents will empty into the wash).
Walk to the laundry and drop your bag through the chute in the door along with your separate greens. This should be done before 7a. Since your greens have an id number on them, as does your mesh bag, the laundry staff can keep your stuff together.
The mesh bags are loaded into 160lb commercial washers. Of coarse, the greens are washed in separate loads. After washing, they are dried in big tumble dryers. After drying, the green shirts and pants are folded by the inmates who have laundry duty that day. I did this 2 or 3 times during my stay.
The mesh bads and folded greens are then stacked in cubbyhole bins according to each inmate's laundry number (I'm 702 as you can see on my id tag above).
Laundry can be picked up after 2p. In other words, you drop your laundry up before work in the morning and you pick it up when you return in the afternoon. Pretty simple. I usually do it on Monday.
As for linens, you take your 2 sheets, 2 blankets, and pillowcase and exchange them for clean ones; you don't keep washing the same ones over and over.
Inmates run the laundry although they are supervised by a staff person.
I am going to try to keep one set of greens and my work boots when I leave as "souvenirs" but I don't know yet if it is allowed. I thought it would make an original (and authentic!) Halloween costume.
In the meantime, I will get a picture taken of me in greens so you can see that the uniforms are not bad. Except for the name tag, no one would know that you are an inmate. It's not like walking around in an orange jumpsuit.
[UPDATE: I was not allowed to take any clothing with me :( I did get a picture taken which is displayed above. ]
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