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Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry for the future of this democracy. That's why we start off talking about the plight of Kilmar Garcia-Abrego, a person lawfully in this country who was abducted by brownshirt immigration thugs and stolen away in the night to a concentration camp in El Salvador. No notice. No hearing. No due process. No contact with a lawyer or loved ones. No prospect for release – ever. That's why we start off talking about the plight of Kilmar Garcia-Abrego, a person lawfulfully in this country who was abucted by brownshirt immigration thugs and stolen away in the night to a concentration camp in El Salvador. No notice. No hearing. No due process. No contact with a lawyer or loved ones. No prospect for release – ever. This is who we are now. Pay attention. IN THIS EPISODE: Kilmar Garcia Abrego: authoritarianism is here, and we are in a full constitutional crisis. If they can do this to him, they can do it to ANYBODY… and they will. Lost Lore tequila! New changes to the Supervised Release guideline; A warning – if you are successful in arguing against supervised release, you could impact your client's ability to earn early release from prison; The goal of S/R, in no incertain terms, is REHABILITATION! But courts are using it as punishment, and routinely imposing prison terms for said violations. Therefore, the new guideline amendments make clear that this is not, by default, the appropriate result! The death of “upward departures” and simplification of the “three step process”; The difference between guideline “departures” and “adjustments”; The vindication of the need to telling our clients' life stories; Things in the “goddamn Sentencing Reform Act that were directed to the Commission 40 years ago to take into consideration when it promulgated the fucking guidelines, that it still has not done.” (Mark's colorful language), the biggest one being the sad state of affairs at the Federal Bureau of Prisons. Talk of moving BOP to DHS and the future banishment to concentration camps of US Citizens. LINKS: "Reader-friendly" guidelines amendments from Sentencing Commission: https://www.ussc.gov/sites/default/files/pdf/amendment-process/reader-friendly-amendments/202504_prelim-rf.pdf Timothy Synder's On Tyranny: 20 lessons from the 20th century: Last episode we talked about the lesson of language (domestic terrorism). Today we talk about not “obeying in advance” when an authoritarian begins to test the limits of his power. If we let what is happening to Mr. Abrego Garcia and those like him, we are lost. Here's a great video of John Lithgow reciting all 20 lessons. Learn them. Take action. https://youtu.be/cXR5HLodsT8?si=KfukKSdAPEfytSLE There's a new "open letter" circulating on Facebook and beyond, purportedly written by Liz Cheney. She's not the author. But the letter is right on. It's a blueprint for resistance. Take a look. https://www.facebook.com/lisa.mcmanus.77736/posts/10231541262169329?ref=embed_post Mark Allenbaugh Law Review Article: Sentencing in Chaos: How Statistics Can Harmonize the “Discordant Symphony”. To Download a Copy of Mark's article, please visit the Set For Sentencing main page for this episode: https://www.setforsentencing.com/seismic
Chad opens the show talking Steven Bailey being granted supervised release by a judge this morning while awaiting trail in the Park Tavern tragedy. Plus, we react to some of what MPD Chief Brian O'Hara said early today about the harassment towards new hires at the department and more.
Chad opens the show discussing some breaking news items from the morning before Adam Carter returns to the studio for Ask Adam Anything.
It's been 40 years since supervised release was first introduced into the federal court system by the 1984 Sentencing Reform Act. Supervised release, which replaced federal parole and probation, is a secondary sentence judges can impose that only comes into effect once people have already served their time in prison. The legality of the widespread use of supervised release, not to mention its overall constitutionality, is highly controversial. Jabari Zakiya joins Rattling the Bars to make the case for the abolition of supervised release.Studio Production: David Hebden, Cameron GranadinoPost-Production: Cameron Granadino, Alina NehlichHelp us continue producing Rattling the Bars by following us and becoming a monthly sustainer.Sign up for our newsletterLike us on FacebookFollow us on TwitterDonate to support this podcast
It's been 40 years since supervised release was first introduced into the federal court system by the 1984 Sentencing Reform Act. Supervised release, which replaced federal parole and probation, is a secondary sentence judges can impose that only comes into effect once people have already served their time in prison. The legality of the widespread use of supervised release, not to mention its overall constitutionality, is highly controversial. Jabari Zakiya joins Rattling the Bars to make the case for the abolition of supervised release.Studio Production: David Hebden, Cameron GranadinoPost-Production: Cameron Granadino, Alina NehlichHelp us continue producing Rattling the Bars by following us and becoming a monthly sustainer.Sign up for our newsletterLike us on FacebookFollow us on TwitterDonate to support this podcast
BG should have contacted his probation officer or HAVE his lawyer to contact his probation officer to avoid being arrested again after a 14 year sentence
On Long Island last month, four people allegedly murdered two people and chopped up and scattered their body parts, which were discovered by a young girl walking to school. Bizarrely, these four were not charged with murder but with "mutilation" and "concealment of a human corpse." Even worse, these crimes are not bail eligible under NY state's cash bail reform laws, so the foursome is out on "supervised release" with ankle bracelets. Julie breaks down this case and asks: Why is it that many Americans don't view this as an indictment of leftism?Join Julie live Monday, Tuesday, and Wednesday at 1p PT, call in number: 844-861-5537Check out other Julie Hartman videos: https://www.youtube.com/@juliehartman Follow Julie Hartman on social media: Website: https://juliehartmanshow.com/Instagram: https://www.instagram.com/julierhartman/X: https://twitter.com/JulieRHartmanSee omnystudio.com/listener for privacy information.
Here's a look at the top headlines from around the Northland for Tuesday, Jan. 30, 2024. The Duluth News Tribune Minute is a product of Forum Communications Company and is brought to you by reporters at the Duluth News Tribune, Superior Telegram and Cloquet Pine Journal. Find more news throughout the day at duluthnewstribune.com. If you enjoy this podcast, please consider supporting our work with a subscription at duluthnewstribune.news/podcast. Your support allows us to continue providing the local news and content you want.
We're taking a break this week for the Thanksgiving holiday, so here's an episode you might have missed. We'll be back on Monday with a new episode. Hundreds of thousands of people charged with crimes in the US each year are incarcerated while they await trial. Often it's because they can't afford to pay bail. New York City's pretrial supervised release program aims to change that. A judge can opt to release some defendants under the supervision of a caseworker, who monitors their progress as they await their day in court. Bloomberg's Fola Akinnibi and Sarah Holder join this episode to talk about how the program works, the fraught politics around it–and why it may become a blueprint for other cities and states. Read more: America Is the World Leader in Locking People Up. One City Found a Fix Listen to The Big Take podcast every weekday and subscribe to our daily newsletter: https://bloom.bg/3F3EJAK Have questions or comments for Wes and the team? Reach us at bigtake@bloomberg.net. This episode originally aired 9/25/23.See omnystudio.com/listener for privacy information.
Ian Bick's former prison bunkmate Ryan Alvarado is on the show to share his story of how he got himself in the crosshairs of the Federal Government & sentenced to federal prison, what is was like to go through a divorce in prison & crazy stories from his time at the federal prison camp with Ian AKA Mclovin. Big thanks to MAGIC MIND for sponsoring this episode. Check out https://www.magicmind.com/lockedin - and use code LOCKEDIN20 to get you up to 56% off your first subscription and 20% off one time purchases Follow Ian Bick on Instagram: @ian_bick & Snapchat: ianbick Connect with Ryan Alvarado: https://www.instagram.com/ryn_alvarado/?next=%2Facastfr%2F Buy Merch: https://lockedinbrand.com Use code lockedin at checkout to get 20% off your order Connect with Ian Bick: https://www.ianbick.com Chapters: 00:00:00 - Prison Stories with Ryan Alvarado 00:03:59 - Growing Up in a Dysfunctional Family 00:08:16 - Sibling Dynamics and Pressure to be a Role Model 00:12:15 - Navigating Treacherous Waters in Gage Park 00:16:22 - The Real Deal 00:20:00 - Reentry into Society 00:23:52 - The Microwave Mentality and Impatience 00:27:57 - A Fork in the Road 00:31:51 - Difficulty of Communication in Prison 00:35:52 - Caught in a web of connections in the music industry 00:39:44 - The Flores brothers and collateral damage 00:43:22 - The Unfair Sentencing Decision 00:47:18 - The Pressure of Trying to Fix a Marriage 00:51:22 - Feeling out of control in prison 00:55:17 - Reflecting on Prison Visits 00:59:24 - Taking Care of Appearance in Prison 01:06:40 - Initial Impressions and Baking in Prison 01:10:16 - The Prison Kitchen Hustle 01:14:14 - Cooking at the Prison 01:18:17 - Gift from God Mentality in Cooking 01:22:11 - Facing Childhood Trauma in Prison 01:26:05 - Making the Most of Prison Life 01:29:53 - The Ticket and the Partnership 01:33:36 - The Con Man in Prison 01:37:17 - The Hazards of Contraband in Prison 01:40:49 - The Reality of the Prison System 01:44:27 - The Challenges of Supervised Release and Ankle Monitors 01:48:33 - Importance of Communication and Respect for Time 01:52:44 - Love and Connection in the Music Industry 01:56:29 - Words of Encouragement and Gratitude Produced by: https://www.instagram.com/shanedanahy https://www.shanedanahy.com Learn more about your ad choices. Visit megaphone.fm/adchoices
Hundreds of thousands of people charged with crimes in the US each year are incarcerated while they await trial. Often it's because they can't afford to pay bail. New York City's pretrial supervised release program aims to change that. A judge can opt to release some defendants under the supervision of a caseworker, who monitors their progress as they await their day in court. Bloomberg's Fola Akinnibi and Sarah Holder join this episode to talk about how the program works, the fraught politics around it–and why it may become a blueprint for other cities and states. Read more: America Is the World Leader in Locking People Up. One City Found a Fix Listen to The Big Take podcast every weekday and subscribe to our daily newsletter: https://bloom.bg/3F3EJAK Have questions or comments for Wes and the team? Reach us at bigtake@bloomberg.net.See omnystudio.com/listener for privacy information.
Here's a look at the top headlines from around the Northland for Wednesday, May 10, 2023. The Duluth News Tribune Minute is a product of Forum Communications Company and is brought to you by reporters at the Duluth News Tribune, Superior Telegram and Cloquet Pine Journal. Find more news throughout the day at duluthnewstribune.com. If you enjoy this podcast, please consider supporting our work with a subscription at duluthnewstribune.news/podcast. Your support allows us to continue providing the local news and content you want.
AEOR 378 - *Utah Man Hit With Multiple Charges for Holding Razor Against Woman's Neck Who Ignored Him During a Flight (msn.com) *JetBlue passenger held a razor blade to the neck of woman next to him while she was watching a movie, prosecutors say (yahoo.com) *Illinois man robbed two banks while on court-supervised release for two other bank heists (msn.com) ----------------- Support the podcast! Help the show grow! *Paypal - https://paypal.me/AEOR05?country.x=US&locale.x=en_US *By Me A Coffee - https://www.buymeacoffee.com/AEOR -------------------- Affiliates and tools that help me make the show possible - Canva - All things graphic design https://fxo.co/FDfS - Streamyard - Your one stop online recording studio https://streamyard.com/?fpr=aeor - TubeBuddy - Grow your channel without the guesswork https://www.tubebuddy.com/AEOR --- Send in a voice message: https://anchor.fm/aeor/message Support this podcast: https://anchor.fm/aeor/support
Supervised release of former judge ends early; Yellville capitol rioter will accept government plea deal; Common Ground Arkansas fined and sanctioned by the Arkansas Ethics Commission; The first of two Argenta "parklets" has been unveiled
In today's episode of Wake Up Your Warrior, me my great friend, Craig Stanland take a look at our inner workings and talk about our journeys through rock bottoms, our experiences, and how we've coped with that. In the podcast, we talk about Craig's journey through prison, being stuck in the dark without a hint of hope, and being able to reform yourself. In 2012, Craig Stanland made a choice that would cost him everything. After exploiting the warranty policy of one of the largest tech companies in the world for almost a year, the FBI finally knocked on his door. He was arrested and sentenced to 2 years of Federal Prison, followed by 3 years of Supervised Release, and ordered to pay $834,307 in restitution. He lost his wife, his homes, his cars, his career, and even his identity. He wanted nothing more than to die. A well-timed prison visit from his best friend of over thirty years turned his life around. Today, Craig is a Reinvention Architect & Mindset Coach, best-selling author, TEDx and Keynote speaker. He works 1:1 with clients so they can re-architect the life of their dreams. "Your past cannot define you without your consent." -Craig Stanland How to Naturally Improve your Mental Health - Starts February 28th! 5 Day Free Workshop >> Sign Up Here Links Connect with Craig Stanland Website: www.craigstanland.com Blank Canvas: https://geni.us/LifeafterPrison TEDx: https://www.youtube.com/watch?v=PrkG9VQzqIo IG: https://www.instagram.com/craig_stanland LI: https://www.linkedin.com/in/craigstanland/ Blank Canvas: How I Reinvented My Life after Prison TED Talk: How I Learned My Greatest Worth in Federal Prison Follow Me Here: Christine's IG: https://www.instagram.com/christine.coen/ Wake Up Your Warrior IG: https://www.instagram.com/wakeupyourwarrior Can you think of 1 person who would find this episode helpful? Please share it with them, you never know how the smallest action can impact someone. Thanks so much for listening to this episode! Have an idea or want to be a guest on this podcast? Email me: wakeupyourwarriorpodcast@gmail.com
An Open Letter from Prison Professors to All Course Participants Hi, My name is Michael Santos. I'm the founder of Earning Freedom and the Prison Professors nonprofit. If you're working through our course, it's likely that you're going through the criminal justice system at some stage—pretrial, in custody, or on some form of community supervision. Both Bill McGlashan and I can empathize with your plight. For 9,500 days, I lived as federal prisoner number 16377-004. I am intimately familiar with challenges of living in confinement. Despite those challenges, I know the opportunities that open when a person chooses deliberate adjustment strategies. A jail or prison may or may not offer rehabilitative courses. When a person develops a self-directed work ethic, a person can work on personal development regardless of where administrators confine him or her. At Prison Professors, we develop courses that help people that want to help themselves. For that reason, it pleases me to offer our course: Lessons on Leadership: With Bill McGlashan Some may wonder why a person like Bill McGlashan would work with a startup like Prison Professors. Bill is known across the globe as one of the foremost impact investors. Why would such a man volunteer so much of his personal time to help people locked in America's jails and prisons? To respond to that question, it may help if I offer some context. Participants will learn all about Bill and the way he thinks through the course. Before getting to the course, let me offer the backstory. Backstory: I made bad decisions as a young man, refusing to heed the advice of teachers or mentors. Excitement of a fast crowd lured me away from productive habits. I began making bad decisions during the recklessness of youth. Those decisions turned worse in 1984, when I was 20. I began participating with a group that sold cocaine. In August of 1987, federal agents arrested me. For the next 30 years, I lived inside prisons of every security level or on some form of community confinement, including: • High-security US penitentiaries, • Medium-security federal correctional institutions, • Low-security federal correctional institutions, • Minimum-security federal prison camps, • A halfway house, • Home confinement, • Supervised Release. • Special Parole, • Parole As I reveal in Earning Freedom: Conquering a 45-Year Prison Term, leaders taught me many lessons during that lengthy odyssey. With hopes of helping as many people as possible, I accept a responsibility to pass along lessons that transformed my life. Even though a person may serve a lengthy term, any of us can choose to work toward reconciling with society. While in prison, I learned from many leaders. People like Bill McGlashan taught me to follow the principles of leadership: Define success, as the best possible outcome. Create a plan and prepare to overcome the challenges ahead. Put priorities in place, knowing that incremental progress would lead to new opportunities. Create tools, tactics, and resources that would help me grow, and Execute the plan every day. That disciplined adjustment strategy could help any person that wanted to prepare for a life of meaning, relevance, and dignity. It could help a person restore confidence. Regardless of what bad decisions we made in the past, at any time, regardless of where we are, we can work toward making better decisions. I aspired to reconcile with society and to prepare in ways that would allow me to emerge successfully. A willingness to learn from leaders opened my eyes to a new philosophy. Rather than complaining about the challenges wrought by my bad decisions, I could work to make amends. Any person could do the same. In Earning Freedom: Conquering a 45-Year Prison Term, I share the entire story. On August 11, 1987, authorities arrested me. After a jury convicted me, a judge sentenced me to serve a 45-year sentence. While locked in jail, a correctional officer passed me a copy of Plato's book, The Republic, which introduced me to philosophy. I learned about Socrates and his remarkable way of looking at the world. Reading The Republic changed my life. It helped me to realize and accept the colossal mistakes I had made as a young man. I'd been living by a bad philosophy. Rather than working to help my community, I broke the law. Socrates (and other leaders) taught me to stop feeling sorry for myself. Leaders suggested that we change if we don't like our situation, or if we're facing a challenge. To start, we must change the way we think. From leaders like Socrates (and Bill McGlashan), I learned the power that comes when we think about other people and our community instead of only thinking about the challenges we face. We can recalibrate. We can work to earn freedom. That change in thinking influenced a deliberate adjustment strategy. While incarcerated, I made a 100% commitment to: Pursue self-directed learning, Contribute to society in meaningful, measurable ways, and Work toward building a strong support network that would include positive role models. That three-pronged strategy made all the difference. When defining success at that stage in my life, I simply wanted to emerge with my dignity intact. I wanted to pursue a path that would open opportunities to live as a law-abiding, contributing citizen. By preparing well, no one would know that I had served a quarter century when I got out. I wanted to emerge unscathed. That strategy led to my earning a bachelor's degree from Mercer University, a master's degree from Hofstra University, getting married in prison, and opening many income opportunities that I could expand upon after release. By the time I walked out of prison, I had sufficient savings in the bank to launch my career. None of that would have been possible had I not opened my mind, and my heart, to learn from leaders. Any person that served time alongside me could have done the same. At any time, we can choose to learn from leaders like Bill McGlashan. Sadly, the prison culture conditions people to learn from so-called “shot callers” instead. The leaders I studied taught me to think differently from the way I thought before I went to prison. I encourage others to do the same. Those who choose to pursue self-directed adjustments will find opportunities rather than challenges awaiting them upon release—as I experienced. While still in the halfway house, San Francisco State University hired me to teach as an adjunct professor. Simultaneously, I began building businesses. Together with my partners, we persuaded prison administrators, federal judges, probation officers, and even U.S. Attorneys to purchase our products and services. A successful adjustment inside eased my reentry, allowing me to begin building a career upon release. I didn't need a job. Preparations allowed me to create my own income streams. I am convinced that any person in jail or prison can use the time inside to recalibrate and open opportunities. To succeed, however, those people must accept the reality. As administrators used to tell me: “We don't care anything about your life after your release. We only care about the security of the institution.” In such an environment, we should expect obstacles. Despite obstacles that contribute to intergenerational cycles of recidivism, we must focus on what we can do to prepare for the journey ahead. We must reject the dubious advice we receive: From the system: You've got nothin' comin'. Don't do the crime if you can't do the time. From misguided people inside: The best way to serve time is to forget about the world outside, and to focus on your reputation in prison. Mahatma Gandhi taught us that we should strive to live as the change we want to see in the world. I want to live in a world where people can always work to become better and reach their highest potential. I'm grateful to the many leaders who taught me this message. For that reason, I've devoted my professional career to sharing what I've learned from leaders. It pleases me to share these lessons from Bill McGlashan, a genuine world-class leader. What qualifies Bill as a world-class leader? A lot! Bill has impeccable academic credentials, with an undergraduate degree from Yale, and a graduate degree in business from Stanford. While I served decades in prison, Bill distinguished himself as a steward of capital for private equity companies, business leader, and impact investor. He launched startups that he later sold to publicly traded corporations. As a CEO, he saved hundreds of jobs by accepting the responsibility of restructuring a publicly traded company that was on the verge of failure. As a director of TPG Capital, he created stellar returns on more than $12 billion worth of funds that investors entrusted to him and his team. Bill built a reputation as one of the world's most astute impact investors. He brought coalitions of other world-class activists, philanthropists, and leaders together, including: Bono: Singer for U2, but also founder of RED, ONE, and a cultural leader. Jeff Skoll: Founder of eBay, Participant Media, and the Skoll Foundation. Laurene Powell Jobs, philanthropist, and founder of the Emerson Collective. Mo Ibrahim, founder of Celtel and global philanthropist focused on Africa. Richard Branson, founder of Virgin Group. Anand Mahindra, Chairman of Mahindra Group from India. I did not meet Bill until the summer of 2021, eight years after I had finished my obligation to the Bureau of Prisons. Despite having devoted his professional career to creating solutions in response huge global challenges that included solutions for climate change, extreme poverty, access to healthcare and education, Bill made a catastrophic decision as a parent. He agreed to participate in a ruse. A conman convinced him to pay an unscrupulous testing service to assist prospects for his son's admission to a university. His son didn't need the help, and he didn't know that Bill had participated in the artifice. Bill's decision led to a series of catastrophic event, proving the theorem of Scottish author Sir Walter Scott, who wrote: • Oh what a tangled web we weave, when first we practice to deceive. Authorities arrested Bill, a grand jury indicted him, and he pleaded guilty to a federal crime. Bill and I spoke for the first time a few days before he would surrender to serve a three-month sentence in federal prison. During our lengthy conversation, I listened to Bill express his remorse and admired his eagerness to make amends. When he told me that he wanted to use his time inside to help as many people as possible, I offered some observations on what he could expect from the experience. People in jail or prison could learn from his lessons on leadership. Bill's story was the type that inspired me to want to learn more while I served my sentence. Knowing that others could benefit from his wisdom, I invited him to volunteer his time to create a new course with Prison Professors. Through the course, I suggested, we would help people learn the importance of pursuing self-directed learning projects. Since the prison system may not always have resources to offer educational courses, I explained, we could fill the gap. As evidenced by the video files that accompany this course, and the personal nature of the lessons, Bill volunteered to spend hundreds of hours working alongside me. Together, we developed the course. This course offers opportunities for self-directed participants to work toward developing their vocabulary, their writing skills, and their critical-thinking skills. Those building blocks can help anyone grow. By developing those skills, I opened countless opportunities as the months turned into years, and the years turned into decades. Bill's teachings would have inspired me while I served my sentence. They inspire me now. They make me want to learn more. We hope that you will learn from the video files, the audio files and the lessons that make up our course. Although I didn't appreciate the importance of education when I started the journey, this course would have opened my eyes to the liberty that comes with self-directed learning plans. On behalf of our entire team at Prison Professors, Bill and I encourage you to work toward reaching your highest potential. Sincerely, Michael Santos
More than 50,000 Minnesotans — many of them Black, Indigenous and people of color — are kept from voting because of their criminal record. Two of the people who are fighting to regain their right to vote sat in the Minnesota Supreme Court chamber Tuesday as their case was heard. If they win, tens of thousands of Minnesotans who are “on paper,” or on probation or supervised release, stand to get a chance to vote much sooner than they otherwise would. Brian Bakst is covering the story for MPR News. He joined Minnesota Now host Cathy Wurzer to tell her more. Theme music by Gary Meister.
We’re going to talk about a case from a couple of years ago from United States Supreme Court regarding Federal Supervised Release. we’re going to read some letters that were sent to us from people behind the walls and a couple from people who listen to us electronically. It should be a very interesting episode...
Today's conversation is with none other than Craig Stanland: best-selling author, TEDx speaker, and Reinvention Architect. 9 years ago, Craig was sentenced to 2 years of Federal Prison and 3 years of Supervised Release after exploiting the warranty policy of one of the largest tech companies in the world. A critical conversation with his best friend during a prison visit led Craig to rethink his life and, eventually, turn it around completely. Tune into today's episode to hear how Craig uses his experience to help his 1:1 clients break free from the status quo in order to live their lives with passion, purpose, fulfillment, and meaning. Check out Craig's book for a more in-depth look at his story: “Blank Canvas, How I Reinvented My Life After Prison” - available here on amazon: https://www.amazon.com/Blank-Canvas-Reinvented-after-Prison/dp/1544519478 Connect with Craig: Website: https://www.craigstanland.com/ Facebook: https://www.facebook.com/craigstanland Instagram: https://www.instagram.com/craig_stanland/ Lions Guide Links: Join The Lions Guide Community: www.lionsguide.com Subscribe to the Podcast: Podcast on Apple: https://podcasts.apple.com/us/podcast/lions-guide-podcast/id1569364934 Podcast on Spotify: https://open.spotify.com/show/2ZVKZ93jnqsXUDQcMdE4LO Podcast on Google: https://podcasts.google.com/feed/aHR0cHM6Ly9saW9uc2d1aWRlcG9kY2FzdC5saWJzeW4uY29tL3Jzcw Podcast on Facebook: www.facebook.com/groups/lionsguidecommunity Podcast on YouTube: www.youtube.com/channel/UC_4paeQ1EaPFMTyPUNt75jg Connect with Lions Guide: Facebook Page: www.facebook.com/lionsguide Instagram: www.instagram.com/lionsguide LinkedIn: www.linkedin.com/lionsguide
Today's conversation is with none other than Craig Stanland: best-selling author, TEDx speaker, and Reinvention Architect. 9 years ago, Craig was sentenced to 2 years of Federal Prison and 3 years of Supervised Release after exploiting the warranty policy of one of the largest tech companies in the world. A critical conversation with his best friend during a prison visit led Craig to rethink his life and, eventually, turn it around completely. Tune into today's episode to hear how Craig uses his experience to help his 1:1 clients break free from the status quo in order to live their lives with passion, purpose, fulfillment, and meaning. Check out Craig's book for a more in-depth look at his story: “Blank Canvas, How I Reinvented My Life After Prison” - available here on amazon: https://www.amazon.com/Blank-Canvas-Reinvented-after-Prison/dp/1544519478 Connect with Craig: Website: https://www.craigstanland.com/ Facebook: https://www.facebook.com/craigstanland Instagram: https://www.instagram.com/craig_stanland/ Lions Guide Links: Join The Lions Guide Community: www.lionsguide.com Subscribe to the Podcast: Podcast on Apple: https://podcasts.apple.com/us/podcast/lions-guide-podcast/id1569364934 Podcast on Spotify: https://open.spotify.com/show/2ZVKZ93jnqsXUDQcMdE4LO Podcast on Google: https://podcasts.google.com/feed/aHR0cHM6Ly9saW9uc2d1aWRlcG9kY2FzdC5saWJzeW4uY29tL3Jzcw Podcast on Facebook: www.facebook.com/groups/lionsguidecommunity Podcast on YouTube: www.youtube.com/channel/UC_4paeQ1EaPFMTyPUNt75jg Connect with Lions Guide: Facebook Page: www.facebook.com/lionsguide Instagram: www.instagram.com/lionsguide LinkedIn: www.linkedin.com/lionsguide
https://www.craigstanland.com/ (https://www.craigstanland.com) Guest's social media handles http://instagram.com/craig_stanland/ (Instagram) https://twitter.com/CraigStanland (Twitter) http://linkedin.com/in/craigstanland/ (LinkedIn) https://www.facebook.com/craigstanland (Facebook) In 2012, Craig Stanland made a choice that would cost him everything. After exploiting the warranty policy of one of the largest tech companies in the world for almost a year, the FBI finally knocked on his door. He was arrested and sentenced to 2 years of Federal Prison, followed by 3 years of Supervised Release, and ordered to pay $834,307 in restitution. He lost his wife, his homes, his cars, his career, and even his identity. He wanted nothing more than to die. A well-timed prison visit from his best friend of over thirty years turned his life around. Today, Craig is a best-selling author, TEDx speaker, and Reinvention Architect. He works 1:1 with clients to empower them to break free from their self-imposed mental prisons so they can reinvent their lives with passion, purpose, fulfillment, and meaning. His book, "Blank Canvas, How I Reinvented My Life After Prison" is available on Amazon. In this episode, you'll discover: -Learning the podcasting craft with a true master...01:30 -Craig's vision as a writer and entrepreneur...07:37 -How to be grateful when things aren't going very well...10:23 -Barriers to expressing gratitude...16:54 -How to teach others how to sell with integrity...22:37 -Creating a personal set of values...27:52 -The one thing that derails people's values more often than not...36:34 -Allowing Resistance to be your muse...43:28 -Using meditation to spur the creative juices...55:38 -The critical elements of building self-trust...1:04:23 -Cultivating friendships that will empower you to reach your potential...1:09:25 -Involving the right people with your business and life...1:17:21 -What challenges Craig is going through right now...1:20:00 -The Forgiveness Journey...1:24:06 -Thoughts on forgiving others who have hurt us...1:30:48 -And much more! Resources mentioned: https://www.ted.com/talks/craig_stanland_how_i_learned_my_greatest_worth_in_federal_prison (TEDxNorthAdams) https://amzn.to/3xY0DOu (Craig's book) https://omny.fm/shows/the-james-altucher-show/618-craig-stanland (Craig Stanland on The James Altucher Show) https://quandahl.com/warofart (The War of Art by Steven Pressfield) https://quandahl.com/dothework (Do the Work, by Steven Pressfield) The Artist's Way The One Thing by Gary Keller https://quandahl.com/thescrewtapeletters (The Screwtape Letters, by C.S. Lewis ) https://amzn.to/3aq7IOV (Tiny Habits by B.J. Fogg) https://amzn.to/3x8m28q (Atomic Habits by James Clear) https://amzn.to/2XJVNYJ (Books by Robert Herjavec) Make you a millionaire series on James Altucher Show: Make You a Millionaire! James Quandahl EP01: https://omny.fm/shows/the-james-altucher-show/make-me-a-millionaire-james-quandhal-ep-1 (The Skill of Interviewing) Make You a Millionaire! James Quandahl EP02: https://omny.fm/shows/the-james-altucher-show/make-you-a-millionaire-james-quandahl-ep02 (Spoke-and-Wheel Techniques!) Make You a Millionaire! James Quandahl EP03: https://omny.fm/shows/the-james-altucher-show/make-you-a-millionaire-james-quandahl-ep03 (Becoming more than an Amazon Ninja! ) Make You a Millionaire! James Quandahl Ep04 :https://omny.fm/shows/the-james-altucher-show/mym9-james-quandahl-ep-04 (When you're good at something, make a course out of it! )
What Are Post-Conviction Proceedings? In the United States, we like to say that a person is presumed innocent until there has been a finding of guilt. Defendants don’t always feel that presumption of guilt. A criminal charge may result in being ostracized by friends, loss of employment, and even loss of housing. Those collateral consequences make a difficult situation worse. From a legal perspective, life officially changes after a conviction. Prior to the conviction, the defendant may have gone through a “pre-trial services” program. While in the “pre-trial phase,” a judicial employee or probation officer may lightly oversee the defendant, imposing light restrictions. As an example, rules may require a person in the pre-trial phase to request permission before traveling outside of a specific jurisdiction. With a criminal conviction, more formal proceedings will follow. For felony cases, a pre-sentence investigation and ensuing report will follow the conviction. Pre-Sentence Investigation Report (PSI or PSR—used interchangeably): Once a defendant pleads guilty, or a jury convicts the defendant, the person becomes a convicted felon. In most felony cases, the court will order the probation department to conduct a pre-sentence investigation. This investigation will result in a report that has a lasting influence on the defendant’s life. The pre-sentence investigation report provides details about the person’s background for the sentencing judge, staff members in the prison system, and the probation officer that will supervisor the person after release. Essentially, the report will begin with a narration of the prosecution's version of the offense. The probation officer will interview the defendant and give him an opportunity to make a statement, too. Besides interviewing the defendant, the probation officer will conduct an investigation into the defendant's personal background. It is not uncommon for the probation officer conducting the report to speak with the defendant's family members, friends, employers, and anyone else that may provide material information. Major cases will result in more extensive pre-sentence investigations to provide the judge (and others) with a snapshot of the offense and the defendant's background. The judge relies on this information as a source of reference when deliberating over the appropriate sanction to impose. Those going to prison should not underestimate the importance of the PSR. The PSR will have a big influence on the person while he is in prison and while he is on Supervised Release. Because of the PSR's importance, we devote chapter seven to the process, revealing how our team works with clients that choose to prepare before their interview with the probation officer. Sentencing: After the finding of guilt, and the completion of the PSR, the next step in the criminal justice process is sentencing. In most cases, sentencing is a function of the court. Basically, the sentencing judge has three alternatives: For the most serious crimes, the sentencing judge may impose a term of imprisonment. For crimes that the judge deems less severe, the judge may impose a term of probation, allowing the offender to remain in the community under specific conditions. Or, the judge may impose some type of financial sanction, like a fine or restitution. Generally, the legislature determined the range of sanctions from which the judge can choose. For federal crimes, judges must rely upon the sentencing guidelines when determining what sentence to impose. The guidelines are not “mandatory,” but judges must consider them. As a result of a Supreme Court case, judges must consider personal characteristics. Those characteristics may warrant a sentence either below or above the guideline range. For that reason, our team recommends that defendants consider a multi-pronged approach to prepare prior to sentencing. Congress designed the guidelines to create uniformity in sentencing. They provide a matrix that take many dynamics into consideration. Among other factors, guidelines consider the defendant's role in the offense, the defendant's acceptance of responsibility, aggravating factors, mitigating factors, and the defendant's criminal history. The Federal Sentencing Guidelines Manual provides details that judges may consider as they deliberate over appropriate sanctions. Anyone anticipating the possibility of receiving a federal sentence ought to read guidelines manual to understand more about what judges consider when sentencing a defendant. Our team has interviewed several federal judges. They’ve given us insight with regard to steps a defendant should take in anticipation of sentencing. Specifically, judges want to know: What does the defendant understand about victims in the case? What led the defendant into the criminal behavior? What has the defendant learned from the process? What steps has the defendant taken to reconcile with society? Although the defendant’s attorney will prepare legal arguments to advocate for the defendant, every defendant should work to advocate for himself. Our team urges defendants to work toward a multi-part strategy that includes: Preparing a sentencing narrative. Preparing a sentencing video. Preparing a package of character-reference letters. Preparing a sentence-mitigation story of reconciliation with society. Our catalog offers details on each of those options. This multi-part strategy will help the judge get to know the defendant’s true nature. It can lead to mercy, or the least restrictive sanction. Read more about these options by texting the following word, to the following number: Text number: 44222 Test following word: Sentence Or visit ResilienceCourses.com If the defendant has been out on a bond, the judge may order the defendant into custody after the sentencing hearing. In other cases, the judge authorizes the defendant to report to prison later. Our team has seen cases with different outcomes. If the defendant makes a credible argument, he may have reason to wait several months before surrendering to prison. In the rarest of circumstances, defendants may remain free on bond pending the outcome of an appeal. Every case is unique. Defendants should consider the pros and the cons of prolonging a surrender date to prison. In some cases, it makes sense to get to prison at the soonest possible time. In other cases, valid reasons exist to postpone the surrender date. Becoming a Prisoner / Good Time / Earned Time: After the judge sentences a person, a transition takes place. In the federal system, the trial judge loses jurisdiction over the case in a matter of days. The U.S. Marshal Service sends the Judgment Order, along with the PSR, to the administrative office of the Bureau of Prisons, in Grand Prairie, Texas. Prison staff members then rely upon a program statement, known as the Custody and Classification Manual. That manual includes a scoring system that results in a “security-level” score and a “custody-level” score. BOP officials in Grand Prairie rely upon those scores and other factors to determine where the prisoner will serve the sentence. In December of 2018, President Trump signed the First Step Act. The First Step Act is the most significant criminal-justice reform legislation in more than two decades. Although the president signed the law, as of early summer 2019, the Bureau of Prisons has not yet fully implemented the First Step Act. We do not anticipate people in prison getting the full benefit of the law until 2020. As more details become available, we will update this book and our courses on ResilienceCourses.com. For more current information on details of The First Step Act, please visit our websites at: PrisonProfessors.com, or ResilientCourses.com, or WhiteCollarAdvice.com Every person in federal prison will benefit from this new law. For example, as a result of the legislation, people in federal prison will receive a full 15 percent reduction in their sentences if they abide by rules in federal prison. Further, the law requires officials in the BOP to authorize more self-help programs for people in prison. Some examples of positive programs in federal prison include: Education courses Vocational courses Fitness courses Spiritual-development courses Substance-abuse treatment programs All prisoners that remain active in those positive programs will derive some form of benefit from participating. But if the Bureau of Prisons officials determine that the qualified prisoners are at “low- or minimal-risk” of recidivating, those prisoners will receive “Earned Time” credits of 15 days each month. It’s important to differentiate “Good Time” credits from “Earned Time” credits. Prisoners receive up to 54 days each year in Good Time credits if they avoid being charged with any disciplinary conduct. Prisoners don’t have to do anything particularly good to get the Good Time. They simply must avoid doing anything bad. By adhering to rules, a prisoner’s sentence will be cut by 54 days per year. The First Step Act does not cut time that a prisoner owes to complete the sentence. Rather, the prisoner that works to develop skills through good behavior and positive programming accumulates Earned Time credits at a rate of either 10-days per month, or 15-days per month. At the end of the sentence, the qualifying prisoner will be able to rely upon those Earned Time credits as an objective mechanism to transition into home confinement earlier than would otherwise be possible. Qualifying prisoners may serve significant lengths of time on home confinement. For example, let’s say a person qualifies for the maximum benefit under the First Step Act. That person may have a federal conviction and he may have received a sentence of 100 months. That person may qualify for the Residential Drug Abuse Program, too. The table below offers an estimate on what he could expect to serve with and without the First Step Act. Factor With First Step Act Without First Step Act 100-month Sentence 100-month Sentence 100-month Sentence Good Time Credits 15% of sentence, which reduces sentence to 85 months. 15% of sentence, which reduces sentence to 85 months. RDAP time reduction 12 months off sentence, which reduces sentence to 73 months. 12 months off sentence, which reduces sentence to 73 months. Earned Time Credit at 15 days per month Roughly 50% of time to Residential Reentry Center, resulting in transfer to home confinement at somewhere between 37 and 42 months. Six to 12 months available for transition to Residential Reentry Center, resulting in transfer to halfway house or home confinement at around 61 to 67 months. Although the above table is only an estimate, and we won’t have final details until the Bureau of Prisons releases its policy statement on the First Step Act, it’s clear that this law will bring a positive benefit to many people in prison. When it comes to Earned Time credits, the operative word is “qualifying” prisoner. Congress detailed a specific list of offenses that do not qualify for Earned Time credits. Generally speaking, people convicted of non-violent offenses qualify for Earned Time. Again, we will update our sections on Earned Time as the Bureau of Prisons releases policy statements on this law. Getting to Prison: Once an individual is sentenced to prison, the next step is getting there. Offenders who are sentenced to relatively short terms, fewer than ten years, may have the privilege of surrendering to the facility to which they have been designated or assigned to serve their sentence. The vast majority of people will be taken into custody and proceed through the humiliating prisoner transfer system. Future chapters will describe what to expect when being transferred to an initial prison, or from one prison to another. Appeals and Post-Conviction Remedies: Most defendants will enter into plea agreements that prohibit them from launching direct appeals. Prisoners that proceed through trial, on the other hand, routinely appeal if the jury convicted them. They may appeal errors in due process. In rare circumstances, such as if they discovered information that had not previously been available, they may appeal issues that the trial court did not consider. Otherwise, appellate courts review errors that the lower court may have made, which would have violated the defendant’s due process rights. Every step in the judicial proceeding brings the case one step closer to finality. The U.S. Supreme Court, being the highest court in the land, is the court of last resort. Few defendants ever see their cases advance that far in the appellate procedure. Indeed, relatively few offenders find any relief through appellate procedures. According to Modern Criminal Procedure, 9th Edition, by Yale Kamisar, et al, published by West Group, (St. Paul. Minn: 1999)—which we relied upon heavily to write this chapter—fewer than 11 percent of all defendants succeed on appeal. Within one year after the appellate process is exhausted, those in prison may seek relief through habeas corpus, a civil (rather than criminal) proceeding. It is difficult to undo the long record that already has been established. The judicial concept of stare decisis, meaning “Let the decision stand” weighs heavily against defendants that seek relief through habeas corpus. Nevertheless, if defendants believe that their constitutional rights have been violated, such as if their attorney failed to represent them appropriately, and they file their motion within time limits authorized by the rules of civil procedure, they may attempt to get judicial relief through motions such as the §2255 motion. Besides a defendant’s motion, a prosecutor may initiate a post-conviction motion that gives jurisdiction back to the sentencing judge. As an example, prosecutors may file a Rule 35 motion. Prosecutors rely upon the Rule 35 as a tool to encourage people that have been sentenced to cooperate against others. By filing a Rule 35, prosecutors ask the judge to resentence the defendant to a lower term. Final Word: Anyone anticipating a potential problem with the criminal justice system should learn as much about the system as possible. The more knowledge a person has about the system, the better-prepared he will be to work with his attorney to achieve the best possible outcome. People should rely on their attorneys for legal advice. Yet they also should make efforts to gather and learn from the experiences of others. Do not be an ostrich, living as though problems with the criminal justice system will somehow disappear. If charged with a crime, we recommend reading the statute to find a complete definition of the elements of the offense. The defendant should read through potential penalties as well. The defendant does not have to speak with a law enforcement officer, but if he chooses to speak, he had better not lie. Lying to any law enforcement officer exposes the person to more problems—like obstruction of justice charges, or charges of making a false statement to a federal officer. If ensnared in the criminal justice web, think about damage control. It’s best to think proactively about navigating the challenges ahead. Learn the stakes associated with every decision. When considering whether to go to trial or plead guilty, remember that sentencing guidelines incentivize those that expresses remorse and accept responsibility. The sooner a person starts preparing for leniency at sentencing, the better. Although holding the prosecutor to task on every issue may bring some advantages, that option does not come without potential costs—both in terms of financial costs to launch an aggressive defense, and costs in terms of exposure to more difficult sanctions. You’ve just listened to another chapter of Prepare: What Defendants Need to Know Before Court / Sentencing / or Prison. Get a free digital copy of the book by visiting Prison Professors.com. You can also send an email to team@Prisonprofessors.com. Call or text 949-205- 6056
MILWAUKEE, WI. — Marcus Hutchins, the malware researcher who became known as an “accidental hero” for stopping the WannaCry ransomware attack in 2017, has been sentenced to supervised release for one year on charges of making and selling the Kronos banking malware. Presiding Judge J. P. Stadmueller described Hutchins, 25, as a “talented” but “youthful offender” in remarks in court Friday.
Prisoner does not get credit for his pre trial custody in re his supervised release for another crime.
It's time for the SCOTUS Sneak Peek for the week of Feb. 25. The justices will hear four cases this week, including a dispute over a cross-shaped WWI monument in Maryland. It's one of the most high-profile disputes of this term. Hosts: Kimberly Robinson and Jordan Rubin. Producer: Nicholas Anzalotta-Kynoch.
Parole And Supervised Release In Washington D.C. - Vincent Haskell by Patrick Sellars, Logan Wexler & Eyad Saqr
If you've been listening to the past four episodes, you know that we've been offering a series to help those who want to prepare for prison. Learn how to master it quickly by following the guidance we offered. The first episode in the series explained the process of going in. In the second episode, we offered insight on how to influence the right decision makers. In the third episode, we covered custody and classification. In our fourth episode in the series, we spoke about the importance of preparing. Today brings our fifth and final episode in the series. We continue the theme of preparing, but this time by emphasizing how a personal narrative can help. Instead of complaining, start writing the next chapter of your life. According to the Department of Justice, grand juries or prosecutors bring charges against more than 80,000 people every year. Statements made from our current Attorney General, suggest that those numbers will rise during the Trump administration. Documentation published on the Department of Justice website lead us to this conclusion. For example, consider the Memorandum that Jeff Sessions published on May 10, 2017: MEMORANDUM FOR ALL FEDERAL PROSECUTORS In the second paragraph, the Attorney General says: “First, it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense.” The Memorandum goes on to rescind previous policy decisions that gave more discretion to prosecutors. As a result, prosecutors will bring charges against more people. In light of the Sessions Memorandum, we anticipate prosecutors will initiate more grand jury proceedings. Those proceedings will lead to more criminal indictments. Prosecutors will also initiate charges through a process known as Rule 7 (b), a Criminal Information. With a Criminal Information, a person may waive indictment and simply agree to plead guilty to the charges a prosecutor brings. Whether through an Indictment or a Criminal Information, at Prison Professors, we believe more people go to prison. That's why our team publishes so much free information to help. Subscribe to our Prison Professors podcast to learn while you drive, while you exercise, or whenever it suits you. Each of my partners at Prison Professors knows a great deal about being charged. We also know the facts. According to easily verifiable statistics, prison follows for the vast majority of people who face charges in federal court. Yet a federal prison term doesn't necessarily mean the end of the road. Staring down a lengthy prison term can bring a disheartening feeling, as if you're looking into an abyss. We've encountered many people who faced criminal charges. Many went to prison. Some of those people prospered in prison. Others fell into a deep hole. In segments that we published previously, we've given some initial insights about how to master prison quickly. We could offer instructions for days. To break it down simply, we recommend adhering to the same principles to succeed or overcome any other challenge. There are specific steps, as follows: Visualize success. What's the best possible outcome? Create a plan. What steps will take you from where you are today, to the success that you envision? Set priorities. As we've mentioned before, it's crucial that you set incremental goals. Know and understand that achieving one goal will put you on a pathway to achieving higher goals. More to come on this subject in future installments of our podcast episodes and chapters. Execute the plan. Although a plan is essential, without execution, it's nothing more than happy talk. Leaders take action every day. If you're following the Prison Professors pathway, you'll take action. You'll climb from where you are today, to the success you're determined to become tomorrow. Still, we recognize that it isn't easy. Statistics show that the vast majority of people face many struggles upon release. Others return to society and thrive. As examples, I frequently cite my partners. Our team shows people how to succeed through prison and beyond. Our personal experiences convince us that if we prepare early, we enhance prospects for success. We don't mean success on a marginal level. We mean success on multiple levels. Success is a mindset. The sooner we can adopt that mindset of success, the sooner we can advance prospects for success. Surrendering to Prison: When prosecutors choose to bring charges against a defendant, life changes. We never know when the time will come for us to surrender. For example, in Justin's case, prosecutors brought charges against him. Yet the judge did not order U.S. Marshals to take Justin into custody. Justin remained free on bond while his judicial proceedings played out. His judge allowed him to surrender to federal prison voluntarily several weeks after the sentence. In my case, authorities took me into custody on the day of my arrest. I'll always remember that day. It was August 11, 1987. I was 23. I had never been to prison before. Yet the bad decisions I began making when I was 20 caught up with me. I faced a sentence of multiple decades in prison. I remained in custody until I concluded my sentence in a federal halfway house more than 26 years later, on August 12, 2013. Take another case, like that of Paul Manafort. A federal grand jury charged Mr. Manafort with several charges, including conspiracy against the United States and money laundering. After he surrendered to face the charges, the court placed Manafort under “house arrest,” which is a form of imprisonment. After a month on house arrest, he pledged assets that allowed him to go free on bond until the charges were resolved. We never know when authorities will require a defendant to surrender to prison. Yet we know that the sooner a person establishes a deliberate course of action, the sooner a person can stop the free fall that derails peace for so many defendants. In our previous episode, we encouraged people to define success. We encourage people to remember the pathway to overcome challenges. For some people, challenges define the rest of their lives. For others, the way that they responded to challenges defines the rest of their lives. We ask defendants to make a decision. Will they allow prison to define them? Or will they make decisions that show they can overcome. Personal Narrative: One strategy that worked for us, and that we encourage for others, includes writing a personal narrative. Write that narrative at the soonest possible time. If possible, get that narrative into the presentence investigation report. Let me explain why. When authorities allege that someone has committed a crime, that crime can have a tendency to consume the individual. Newspapers or media outlets may report the crime. A Google search will reveal that criminal charge. The statement from prosecutors or other authorities will begin to take on a life of their own. If an individual doesn't do something about it, that story will become an immutable part of his character. A personal narrative can help to counter those allegations. We are all more than decisions we made at the worst moment of our lives. And the sooner we begin to write out our personal narrative, the sooner we can begin to write the next chapter. I learned this lesson of writing new chapters at the very start of my journey. I was locked inside the Pierce County Jail back in 1987. Authorities arrested me for leading a group that trafficked in cocaine. When caught, the only thing I wanted was to get out of jail. As a result, I listened to every word my lawyer had to offer. He told me that there was a big difference between an indictment and a conviction. Anyone who knows how to research could find data that would undermine such a statement. When the federal government indicts someone, a conviction follows in more than nine out of every ten cases. My lawyer told me what I wanted to hear rather than what I needed to hear. After a jury convicted me, I realized that I made a horrific decision with my life. At 20 I sold cocaine. At 23, I was arrested. Once in jail, I made the decision to grow, to reach my highest potential in the environment where I would be held. I made a decision to prepare in ways that would lead to success in prison and beyond. I'll speak more about that transformation in future episodes. I've written a lot about it in the various books that we make available on PrisonProfessors.com. But this series we're creating is about you, not us. Start with a question. Are you ready to make changes? If you've been targeted for a criminal prosecution in federal court, then decide how you want to emerge from the struggle of imprisonment. In my case, transformation began with introspection. By thinking about my past, I could begin to connect the dots. Authorities locked me in prison because a jury convicted me of crimes related to selling cocaine. Introspection gave me a broader perspective. By reflecting on my past, I could see that I had begun to go astray long before the conviction. My life went off course long before authorities arrested me for selling cocaine. Decisions I made much earlier put me on a course for a bad outcome. No one could change that outcome but me. I started to change that outcome with my personal narrative. I had to write out the person that I aspired to become. Consider my partners. They have a similar story. I did not know Shon when he started serving his sentence. I know that he was young. He had longer than a decade to serve because he pleaded guilty to a series of armed bank robberies. Yet rather than allowing those armed bank robberies to define him, Shon began crafting a new narrative for his life. No one dismisses Shon because of his bank robbery conviction. He is a lawyer and he is a law professor. Shon wrote a new chapter for his life. You can do the same. Justin Paperny joined me inside the Taft Federal Prison Camp back in 2008. When we met, I had more than 20 years of prison behind me. Like many people coming into prison, Justin felt lost the day he surrendered. Justin had been a stockbroker and an asset manager. He defined himself by his degree from USC, his prior baseball career, and his profession as a financial-services professional. But authorities gave Justin a different narrative. He pleaded guilty of securities fraud. When he joined me in federal prison, he felt the weight of his past crushing his spirit. Justin didn't know what he would do with the rest of his life. I shared the same secret with him that I'm sharing with you. It's a secret that empowered me through each of the 9,500 days that I was locked in prison. Justin had to write his narrative. He had to begin writing the next chapter of his life. Justin didn't understand what I meant. We sat together each morning. I showed him how introspection could lead anyone through a difficult situation and into prosperity. It's a lesson that leaders have taught for thousands of years. Scholars attribute the following saying to Socrates: The unexamined life is not worth living. All lives are worth living. Yet I found enormous strength in the power of reflection. I showed Justin how lessons from Socrates and other philosophers empowered me through multiple decades in federal prison. He agreed that introspection could put him on a path to a better life, too. We worked together, side by side, to write his narrative. That commitment to writing resulted in his book Lessons From Prison. It launched an entirely new life for him. Success Through Prison: We encourage anyone who faces a prison journey to use this same recipe to prepare for success. Introspect. Then begin writing a narrative that will become the new chapter of your life. Again, at Prison Professors, we do not ask anyone to do or say anything that we didn't do or that we're not doing. Shon's book reveals how much thought he put into his future. Justin's book shows what he learned through introspection. During the 26 years that I served, I wrote extensively. I published several books under my name. Besides writing my own books, I interviewed other prisoners. Then I worked side by side with them to help publish books about their life stories. A magical process unfolds through these exercises in introspection and writing. We feel empowered. We begin to see the patterns that led to where we are today. By documenting our journeys, we can take control of our destiny. We can set our lives on a new course. This process can show the how and why of our lives. We are who we are today because of the decisions we made yesterday. And at any time, we can begin making new decisions that will redefine our lives. Personal narratives can start. Those who choose not to write their own narratives should understand what transpires. Prosecutorial statements will have a longer life. From directives in Session's Memorandum, we know that prosecutors will bring the worst possible charges that they can prove. But we also know that there is much more to every individual's life. The question is whether an individual will write a narrative that begins to show the next chapter of life, or whether the individual will allow statements from prosecutors to influence the future. At Prison Professors, we urge our clients to prepare personal narratives at the soonest possible time. Some defendants feel so disoriented from the criminal charge that they cannot muster the concentration to write their own narratives. We show them how the process worked for us. We introduce them to our courses on writing personal narratives. In many cases, we conduct the interview and write the narrative on their behalf. The personal narrative can serve several purposes. By writing the personal narrative early, the defendant can provide stakeholders in the system with a different perspective. Some defense attorneys use those personal narratives as tools to influence the prosecutorial process. They may use the narrative to show why the individual may be worthy of lower charges. Presentence Investigation Report: Defendants can also use the personal narrative as a tool to influence the presentence investigation. After a defendant pleads guilty, or after a jury convicts a defendant, the next step will be for the defendant to meet with a probation officer. That probation officer will conduct an investigation that will culminate with a report known as the Presentence Investigation Report, or PSR. During the investigation, the probation officer will ask the defendant whether he has anything to say about the offense. A good written narrative will show that the defendant has given a great deal of thought to why he is going to prison. That narrative can have an enormous influence on the journey ahead. Don't take our word for it. We encourage our clients to listen to what federal judges have said about the personal narrative. If a defendant succeeds in weaving his personal narrative into the PSR, he can influence his prison journey. It's never too late and it's never too early to prepare for success. A person may write the personal narrative before surrendering to prison. Or a person may write the narrative once he or she is in prison. Either way, we're confident it will help. A personal narrative will clarify thoughts. It will lead a person to define a success. It will help the individual craft a plan. The personal narrative will help an individual establish priorities. And the personal narrative will motivate an individual to perform, or execute the plan. Although a criminal indictment or conviction can feel like the end of the world, a personal narrative can set a person on a path to recalibration. It can lead to change. It can set a person on the pathway to success. That strategy of writing personal narratives worked for Shon Hopwood. It worked for Justin Paperny. And it worked for me. We also encourage people to recognize that the process doesn't end with a sentencing hearing. The person will surrender to prison. Then, a series of authorities will judge the individual at different intervals. Those authorities will always look to the PSR—and the prosecutor's statements—when assessing the person. If an individual writes out his narrative, he can influence those eventual assessments. That strategy of writing out a personal narrative had an enormous influence on my journey. If I had undergone the exercise of introspection, and writing a personal narrative early, I would have made different decisions. Better decisions would have meant that I would not have been sentenced to a term that required 26 years in prison. But again, it's never too early and it's never too late to begin sowing new seeds. I wrote my narrative before surrendering to prison. Because of that narrative, I could influence the way that case managers in prison assessed me. I could influence where I would serve my sentence and what programs I could complete in prison. I could influence my level of liberty in prison, and I could influence when authorities would release me to a halfway house. Once I concluded my sentence, my personal narrative influenced the level of liberty I had on Supervised Release. It influenced the career I launched. And it persuaded authorities to advocate for my early termination of Supervised Release. In conclusion, expect prosecutors to paint the worst possible picture of any defendant. As Jeff Sessions wrote in his Memorandum, they have a job of proving serious charges. Justice—in the eyes of many prosecutors—equates with convictions and long sentences. For defendants who want a better outcome, we encourage them to write personal narratives. We encourage them to use those personal narratives as blueprints. They lead to the next phase in the journey. They are essential to getting the outcome we want from a prison experience. If you're an individual who wants to redefine his life, then start with a personal narrative. Do it soon. The sooner you start on a personal narrative, the more time you can invest to craft it well. Do not write the narrative to sell to readers. Rather, use your personal narrative to sell you. In the chapters that follow, I'll describe how our team refined this strategy. We use those personal narratives to help us define success. We want all of our readers, viewers, and listeners to begin preparing for success. That is the essential lesson of Prison Professors. It's the essential lesson that will recalibrate your life, restore your confidence, and give you meaning. But always remember, it's one thing to know the way to success. It's another thing to walk the way. Stay with us at Prison Professors to learn more.
I'm Michael Santos and I want to welcome you to another Prison Professors podcast episode. Earlier episodes provided you with the background information on my partners and me. Today we're recording a series of five podcasts that will help our listeners understand a bit more about the process of going into the criminal justice system. As of now, I have five episodes planned. They include the following: Understanding the Process Understanding the stakeholders Understanding the custody and classification system How to Prepare for Prison Why Writing a Narrative Can Assist You Through the Journey Understanding the Process We're going to start by paraphrasing Stephen Covey. In his timeless bestseller, The Seven Habits of Highly Effective People, Dr. Covey advised that we should try to understand before we try to be understood. That guidance applies to anyone who wants to master prison. We're recording this series of episodes of the Prison Professors podcast specifically for people who anticipate that they may go into the criminal justice system. Those who have a solid understanding of the system may want to skip this episode. Our goal is to help listeners make decisions that will put them on the path for the best possible outcome. And the best possible outcome requires good decisions. To make good decisions going forward, we need to understand how the process works. So let's begin with some instructions on how someone goes into the criminal justice system. The Investigation: Investigators frequently start the process. Those investigators may work as part of the SEC, the IRS, the FBI, or the DEA. Allegations of misconduct can lead to an investigation. During that investigation phase, agents will collect evidence. The agents will work closely with federal prosecutors. The federal prosecutors will make a decision on how to proceed. If they want to charge a person with a crime, they have different options. But once investigators and prosecutors decide to bring charges, especially in the federal system, the person becomes a defendant. The Charge: When prosecutors choose to bring a case against someone, chances for a conviction become exceedingly high. At first, the person may be a “target” of an investigation. The investigation can take place secretly, with a grand jury. In the grand jury proceeding, a prosecutor puts together a group of citizens. Those citizens listen to evidence that the prosecutor presents. That evidence includes live testimony from investigators and other witnesses. Grand jury members listen to the witnesses respond to the leading questions from the prosecutor. At some point, the prosecutor will ask the members of the grand jury to “indict” the target of the investigation. In some cases, prosecutors use a less formal way of charging people. Rather than going through a grand jury, they may file a “criminal information.” The criminal information can result from an agreement that the prosecutor makes with the defense team. Regardless of how prosecutors bring charges, things change. To start, a person becomes a defendant. We have all heard stories that in our country, we have a presumption of innocence. Yet few people who have been charged with a federal crime recognize that distinction. Statistics show the consequences. We encourage our listeners to do their own research. Simply type into Google “United States Attorneys' Annual Statistical Report.” Or download it from our website at PrisonProfessors.com. Read the data. That data should help people make better decisions as they advance through the process. At our website, PrisonProfessors.com, we offer an abundance of articles, blogs, and videos that will help people understand more about the criminal justice system. Learn as much as possible. We do not dispense legal advice, but we provide a lot of content that will help our audience make better decisions. Our co-founder, Shon Hopwood, is a lawyer. But he does not use our site to provide legal advice. To participate in litigation, Shon would need to know details of the case. Details of a case require many hours of research, and time comes at a premium. We trust that our listeners will have a solid legal team in place to advise them. On the other hand, we members of our audience to understand the opportunity costs that come with every decision. Those who want to master prison quickly should realize implications of every decision along the way. We make better decisions when we have a more complete understanding of the process. The Defense Attorney: Once prosecutors charge a person, the defendant will need a defense attorney. If a client does not have the resources to hire a defense attorney, the Court will provide an attorney. The court-appointed attorney may be a part of the federal defenders. Or the court-appointed at torney may be a defense attorney that agrees to work on the CJA panel. Every federal judicial district has a roster of attorneys who are experienced in federal court. Regardless of whether the defense attorney serves on the panel or with the federal defenders, that person will have been exposed to extensive amounts of training and resources. Federal defenders and panel attorneys are well qualified to represent defendants in federal court. Other defendants may retain counsel. Attorneys who have extensive practice in federal court charge a premium. Hourly fees for defense attorneys with experience in federal court depend upon how long the attorney has been practicing and geographical locations. Defendants should expect to spend tens of thousands for any representation in federal court. For those who lack access to capital, we urge defendants to use federal defenders rather than hire an attorney who lacks experience in federal court. Our team has a process for vetting defense attorneys in federal court. We also offer consulting services to assist defendants who need this guidance. Your defense attorney will become an essential part of your team, so choose wisely. The Plea: If prosecutors bring charges against a defendant, a plea hearing will follow. That plea hearing can happen quickly, or it can be postponed. We work with some defendants who may wait for years before they actually face charges and enter a plea. In most cases, people enter not-guilty plea hearings. Then, after defense attorneys work out the most favorable deal, defendants change their plea to guilty in accordance with the plea agreement. Let's talk about pleading guilty. Pleading Guilty: Entering a guilty plea is a formal proceeding. There will not be much conversation. Early in the hearing, the defense attorney will let the judge know that the defendant wants to enter a plea, or a change of plea. The judge will then ask the defendant to rise. The defendant must swear to tell the truth, under penalty of perjury. The judge will let the defendant know that he is not bound by any deal the prosecutor may have made. The defendant must acknowledge that he understands. After the judge is satisfied that the defendant understands, the judge will read each criminal charge. Then the judge will ask the defendant if he is guilty of the charge. The defendant will not have an opportunity to explain or elaborate. He will simply say, “I plead guilty.” Opportunities for explanations and elaborations will come much later. Pleading Not Guilty: If the defendant persists with a “not guilty” plea, a trial will follow. The trial can last for days, weeks, or months. During the trial, prosecutors will present evidence. The defense attorney will argue to discredit the evidence. The judge will decide what evidence the jury will hear. And in time, the jury will render a verdict. If the verdict is not guilty, the judge will release the defendant—and he can go home. If the verdict is guilty, the process will continue with a Presentence Investigation. Presentence Investigation: A federal probation officer will begin the Presentence Investigation (PSI) by reviewing a report from the federal prosecutor. That prosecutor's report will present the government's version of events. Probation officers will cut and paste the prosecutor's version of events into a report that is known as the Presentence Investigation Report, or PSR. To continue the investigation, the probation officer will speak with the defendant. The defense attorney should be present during the PSI interview. If a defense attorney chooses not to prepare the defendant for the PSI, the defendant will have a red flag; he is not being advised appropriately. Defendants should take every effort to prepare for the PSI, as it will have lasting implications. Those implications stick around long after the sentencing hearing. During the PSI interview, the probation officer will ask the defendant about what he or she has to say about the offense. We advise defendants to prepare for this question. Ideally, the defendant will have written a narrative in advance. The defendant can explain the process by thinking through the content of that narrative. According to video interviews our team has done with federal judges, which are available on our YouTube channel, that PSR can have an enormous influence at sentencing. Further, it will have an influence on placement in the Bureau of Prisons. The PSR will influence the journey in prison. It will influence when the defendant transfers back into the community. And it will influence the level of liberty the defendant has while on Supervised Release. For those reasons, we urge defendants to take every opportunity to understand the presentence investigation, and to prepare. Fortune, as you know, always favors those who prepare. The probation officer will conclude the investigation with an extensive presentence investigation report. The PSR will include what the probation officer learned from the defendant and also from other people who are related to the defendant. That may include family members, it may include employers, it may include creditors, it may include victims. The PSR will include both objective and subjective information. The objective information includes information about the conviction. It will also include information that will influence the federal sentencing guidelines. Those federal sentencing guidelines are complex. We urge defendants to learn how various factors influence those guidelines. Also, it's crucial for defendants to know how they can work to get the most favorable outcome during the sentencing hearing. It all starts with the presentence investigation report. Sentencing Hearing: Learn and understand about sentencing hearings before the inevitable date. Unfortunately, when federal prosecutors bring charges, more than 80 percent of the defendants face a sentencing hearing. Influencing the outcome with a well thought-out sentence-mitigation strategy—that is essential. Learn what steps you can take to move the needle in your direction. Although every case is different, and requires a highly customized approach, we can provide some bullet point suggestions. For example: Think about the perspective of all stakeholders. Their perception is much more important than your perception. Learn more about stakeholders in the following chapter. Think about the victims of the crime. If you don't think your crime has a victim, then you're not thinking about the stakeholder's perceptions. From the stakeholders' perception, the crime has victims. Who are they? How have they suffered? Prepare to reveal what you've learned from the process. In what ways have you grown as a result of this experience? Execute a plan that will differentiate you from other defendants. Think about the judge's perception. Influence the process by showing what steps you've taken to make things right. Help the judge understand how you will adjust your life in light of this experience. Convince the judge that you'll never appear in Court as a criminal defendant again. Designation in the Bureau of Prisons: In some cases, a comprehensive strategy will result in an alternative sanction that does not include time in custody. Our team at Prison Professors does its best to help defendants who want to advance arguments for a non-custodial sentence. No one can change the past, but we all can sow seeds for a better future. Unfortunately, in most cases, sentences include prison. When prison becomes part of the journey, the next step after the sentencing hearing will be for the Bureau of Prisons to assign the appropriate prison. Several factors go into the equation of prison designations. The Bureau of Prisons relies upon the latest edition of Program Statement 5100 to determine prison designations. The complicated matrix assigns points to objective factors that include criminal history, type of offense, severity of crime, and so forth. A variance table makes additional adjustments. Public Safety Factors and Management Variables can also influence the custody and classification. Our website includes a calculator that calculates the point system. Besides custody and classification scoring, the Bureau of Prisons will also consider judicial recommendations, medical needs, prison population levels, institutional needs, and geographical locations. All of those factors go into consideration of the Bureau of Prisons' decisions. Then, the BOP will order the prisoner to begin serving the sentence in a specific prison. Defendants should learn everything they can about the designation process. The more they understand, the better prepared they become to influence where they will serve the time. Although we can master any environment, the earlier we get started in mastering the process, the better off we are. Isn't that always the case in life? Serving the Sentence: Success through any prison journey begins with a clear understanding. When we can define what success looks like on the other side of the journey, we have a start. The heart of this book will describe how to take us from where we are today, to the life we want to create. Although many of us would like to change the past, we master the system when we deal with the world as it exists—rather than as we would like it to be. Our team at PrisonProfessors.com will help you every step of the way. Outro: Thank you for listening to Chapter 1 of our free ebook, How to Master Federal Prison—Quickly. To get the entire free ebook at once, take one of the following actions: Text LIBERTY to 44222, or Simply visit PrisonProfessors.com and enter your email. We will send you a copy instantly. Shon Hopwood and Justin Paperny are my partners at Prison Professors. I'm Michael Santos. Our team creates digital content and we offer consulting services. We assist people who face challenges with prosecution, sentencing, and prison. We also assist agencies that want to improve outcomes in their institutions. Our clients include individuals, law firms, state and federal prison systems, the courts, and school districts. Visit us at PrisonProfessors.com or contact Justin at 818-424-2220 to learn more. Subscribe to our podcast on iTunes. And please leave us an honest review! Stay tuned for another 20 to 30 minute episode with Prison Professors.
Our team looks at the recent changes to the Sentencing Commission's recommended conditions of supervised release, examine some of the other Guideline amendments that went into effect at the beginning of November, and check in on the state of the Johnson union.
The office's summer interns offer a critique on how Supervised Release works in today's federal justice system and share their ideas on how to improve the same.
Transferring Jurisdictions: Since I was still on Supervised Release, making a move to Newport Beach would not be so easy. I reported to a probation officer in a different judicial district. As a resident of the San Francisco Bay area, authorities required that I report to a probation officer in the Northern Judicial District of California. Andi’s employment offer required that I relocate to the Central Judicial District of California. Besides convincing my probation officer to support my move, I’d have to persuade a probation officer from the Central District to authorize my transfer. If I could overcome those challenges, I’d have a few additional complications to resolve. Fortunately, the seeds I began sowing from the start of my journey positioned me well to seize opportunities like the one Andi offered. I felt confidant Carole and I would be able to transition from Northern California to Orange County. But I needed to see what she thought. After Andi made his offer, I called Carole to ask what she would like me to do. “Take the job.” She didn’t hesitate. As an experienced registered nurse who was pursuing a graduate degree, Carole expressed confidence that she would find new employment. Carole always supported efforts to build a career around my journey, but she liked the idea of me transitioning away from the prison industry and into other ventures. Andi’s compelling job offer opened a world of opportunity. With Carole’s support, I consulted with two of my closest friends, Justin and Lee. Both of them were like brothers to me. I’d been working with Justin and the nonprofit foundation he created. We used that foundation as a resource to both fund and distribute products that spread our message of personal growth, accountability, and developing critical thinking skills. If I accepted Andi’s offer, I’d have less time available to work with him. Yet when I told him of the opportunity, Justin saw the value. “If you become more successful, your story will inspire more people that the lessons we offer really work. Your success could lead to more orders, and it sounds like you’ll still be able to devote time to work on our projects. Take the job. We’ll both have to work harder, but we’ll figure it out along the way.” Lee and I had spoken about Andi before. Since Andi was an entrepreneur and visionary who built businesses that grew to billions in revenues, he would impress any businessman. Lee liked hearing stories about others who built successful businesses from nothing more than ideas. When I told him that Andi invited me to join his team, Lee encouraged me to accept. “Sounds like an opportunity to learn, contribute, and grow. Take it.” With encouragement from Justin and Lee, I took the next step of contacting my probation officer. Once I had support from probation, I contacted Jeff at SFSU and told him that I would not return to teach in the fall of 2014. Instead, Carole and I would be moving to Southern California. Return on Investment: We had only recently finalized the mortgage to finance our house. The housing market in the San Francisco Bay area was on fire and we likely could’ve sold our house easily for a substantial profit. Yet I felt strongly that housing prices would continue to rise. Carole agreed. Rather than selling our property, we agreed that we would make our first real estate purchase a part of our retirement plan. Instead of selling, we’d find suitable tenants who would rent from us. The rental income we received would allow us to pay the mortgage. Carole led that initiative to find suitable tenants by running an ad on Craig’s list. More than a dozen applications came to us within days. During the year that we lived in the property, Carole wanted to decorate to make the house more “homey.” Yet I considered the investment as a stepping-stone, something we would eventually rent. Instead of decorating, we kept the house stark, looking new. It was part of a longer-term strategy to eventually attract stable tenants who would want to make the house their home. Chris and Seth equipped our house with upgrades like granite countertops, stainless steel appliances, and a whirlpool bath. Carole and I were going to miss the house, but we found a wonderful family with impeccable references who pledged to take good care of our property. They loved the neighborhood and signed a long-term lease, expressing interest to remain until their children graduated from high school. Carole’s due diligence contributed to us finding the right family. The $2,800 monthly rent would cover our $2,500 mortgage payment, leaving us with a reserve to pay our annual property taxes. Since we financed our property with a 15-year mortgage, a significant portion of each payment would apply to principle reduction. Our debt on the property would drop by $1,500 each month, allowing us to build equity quickly. After 15 years, Carole and I would own the property free and clear. We considered the investment as an awesome resource to advance our plans for a stable retirement. Owning real estate, it would seem, could become an integral component of our plan to build a million-dollar net worth within five years. Carole and I made a commitment to work together in ways that would position us to acquire more.
Transferring Jurisdictions: Since I was still on Supervised Release, making a move to Newport Beach would not be so easy. I reported to a probation officer in a different judicial district. As a resident of the San Francisco Bay area, authorities required that I report to a probation officer in the Northern Judicial District of California. Tim’s employment offer required that I relocate to the Central Judicial District of California. Besides convincing my probation officer to support my move, I’d have to persuade a probation officer from the Central District to authorize my transfer. If I could overcome those challenges, I’d have a few additional complications to resolve. Fortunately, the seeds I began sowing from the start of my journey positioned me well to seize opportunities like the one Tim offered. I felt confidant Carole and I would be able to transition from Northern California to Orange County. But I needed to see what she thought. After Tim made his offer, I called Carole to ask what she would like me to do. “Take the job.” She didn’t hesitate. As an experienced registered nurse who was pursuing a graduate degree, Carole expressed confidence that she would find new employment. Carole always supported efforts to build a career around my journey, but she liked the idea of me transitioning away from the prison industry and into other ventures. Tim’s compelling job offer opened a world of opportunity. With Carole’s support, I consulted with two of my closest friends, Justin and Lee. Both of them were like brothers to me. I’d been working with Justin and the nonprofit foundation he created. We used that foundation as a resource to both fund and distribute products that spread our message of personal growth, accountability, and developing critical thinking skills. If I accepted Tim’s offer, I’d have less time available to work with him. Yet when I told him of the opportunity, Justin saw the value. “If you become more successful, your story will inspire more people that the lessons we offer really work. Your success could lead to more orders, and it sounds like you’ll still be able to devote time to work on our projects. Take the job. We’ll both have to work harder, but we’ll figure it out along the way.” Lee and I had spoken about Tim before. Since Tim was an entrepreneur and visionary who built businesses that grew to billions in revenues, he would impress any businessman. Lee liked hearing stories about others who built successful businesses from nothing more than ideas. When I told him that Tim invited me to join his team, Lee encouraged me to accept. “Sounds like an opportunity to learn, contribute, and grow. Take it.” With encouragement from Justin and Lee, I took the next step of contacting my probation officer. Once I had support from probation, I contacted Jeff at SFSU and told him that I would not return to teach in the fall of 2014. Instead, Carole and I would be moving to Southern California. Return on Investment: We had only recently finalized the mortgage to finance our house. The housing market in the San Francisco Bay area was on fire and we likely could’ve sold our house easily for a substantial profit. Yet I felt strongly that housing prices would continue to rise. Carole agreed. Rather than selling our property, we agreed that we would make our first real estate purchase a part of our retirement plan. Instead of selling, we’d find suitable tenants who would rent from us. The rental income we received would allow us to pay the mortgage. Carole led that initiative to find suitable tenants by running an ad on Craig’s list. More than a dozen applications came to us within days. During the year that we lived in the property, Carole wanted to decorate to make the house more “homey.” Yet I considered the investment as a stepping-stone, something we would eventually rent. Instead of decorating, we kept the house stark, looking new. It was part of a longer-term strategy to eventually attract stable tenants who would want to make the house their home. Chris and Seth equipped our house with upgrades like granite countertops, stainless steel appliances, and a whirlpool bath. Carole and I were going to miss the house, but we found a wonderful family with impeccable references who pledged to take good care of our property. They loved the neighborhood and signed a long-term lease, expressing interest to remain until their children graduated from high school. Carole’s due diligence contributed to us finding the right family. The $2,800 monthly rent would cover our $2,500 mortgage payment, leaving us with a reserve to pay our annual property taxes. Since we financed our property with a 15-year mortgage, a significant portion of each payment would apply to principle reduction. Our debt on the property would drop by $1,500 each month, allowing us to build equity quickly. After 15 years, Carole and I would own the property free and clear. We considered the investment as an awesome resource to advance our plans for a stable retirement. Owning real estate, it would seem, could become an integral component of our plan to build a million-dollar net worth within five years. Carole and I made a commitment to work together in ways that would position us to acquire more.
7. Finding Markets: Like anyone starting a new venture, Justin and I had to overcome many hurdles as we tried to introduce our products into the marketplace. Philanthropic organizations provided us with funding to get started, but we still needed to create a sustainable business model. That meant we needed to find markets. The markets we identified included jails, prisons, and schools that served people who were at risk of going into jails or prisons. As formerly incarcerated individuals with felony convictions, Justin and I faced challenges in breaking through to decision makers at the institutions where we wanted to sell the Straight-A Guide. I concluded my prison term on August 12, 2013, but I was scheduled to serve an additional four years on Supervised Release. At times, selling to “the system” proved difficult because of our criminal records. Still, we were committed to the work, sensing that our product would inspire more people inside to pursue self-directed paths of preparing for success. On occasions when we broke through to decision makers, we faced another challenge. The corrections industry was becoming more professionalized. As such, administrators were reluctant to purchase programs that had not been evaluated as being “evidence based.” In other words, before considering a rehabilitative program for purchase, the administrators expected to see scholarly research showing a program’s propensity to achieve its intended outcome. With the Straight-A Guide, we aspired to show participants that they could empower themselves and prepare for success in meaningful, measurable ways. Their key to success would begin with a commitment to leading a values-based, goal-oriented life. To the extent that they articulated their values, set clear goals, and moved forward in the principled way of the program, they would make progress. The course would inspire participants to reject the criminal lifestyle and develop stronger critical-thinking skills. Through the Straight-A Guide, participants would contemplate their avatars and employ Socratic questioning techniques. We anticipated that such disciplined, deliberate adjustment patterns would assist the participants in becoming more resourceful. Rather than waiting for calendar pages to turn, or engaging in the types of thoughtless behavior that derails so many people in prison, participants would focus. They’d find mentors, they’d create opportunities, they’d seize or create opportunities to educate themselves. To the extent that participants committed to the Straight-A Guide adjustment plan, they would walk out of prison with a strong support network and confidence in their ability to thrive as law-abiding, contributing citizens. Yet when making this presentation to the corrections industry, we’d frequently encounter resistance. Many would object that other people in prison wouldn’t be able to do what I had done, or grasp the Straight-A Guide. They wanted to see independent scholarly research showing evidence that the Straight-A Guide lowered recidivism rates. We would face an enormous obstacle in providing such evidence. In order to gather the research, we’d need the following: We would need to contract with either a research institution or a university research department. We would need funding to pay for that research. We would need a test group that would allow us to administrate the Straight-A Guide program to a statistically significant group of people in prison. We would need each participant to take a “pretest,” showing their knowledge of the coursework we were about to teach through the program. We would need access to the answers they provided. We would need access to the coursework they completed as they advanced through the program. We would need the participants to complete their prison terms. We would need to measure progress the participants made after they returned to society. We would need to measure the success rate of participants who completed the Straight-A Guide and contrast those rates against others who were not exposed to the program. Evidence Based Program: To succeed as an evidence-based program, we would need to coordinate an evaluation with an accredited researcher. If the independent researchers had access to data, and their research revealed that participants in the Straight-A Guide program were more likely to succeed upon release, as compared against similarly situated offenders who did not go through the program, we would have the ammunition we needed to sell this program to jails, prisons, and schools across the nation. Our problem was not only one of funding, but also of time. To gather the necessary data showing that Straight-A Guide programs lowered recidivism, participants wouldn’t only need to complete the program. They also would need to complete their prison terms, return to society, and refrain from violating the law for three years. Crossing the hurdle of becoming an evidence-based program would require significant amounts of capital. We would need to pay the necessary personnel who could conduct the study. We would need to fund the costs associated with opening meetings with decision makers. And we would need to collect data from participants who enrolled in the Straight-A Guide program. Until we were able to obtain evidence-based research, we’d continue to meet objections from administrators that would prevent us from scaling the program. If we had resources to acquire the research, we anticipated a massive market. Although we didn’t have clear data on the total available market, we knew that the corrections industry consumed more than $80 billion each year. If reentry and recidivism-reduction programs consumed only 5 percent of that budget, the market would be a $4 billion per year industry. In such a market, we anticipated that if we could become evidence-based, The Straight-A Guide program could anticipate sales north of $10 million per year. Overcoming Challenges: Despite the challenges, Justin and I succeeded in persuading several administrators to purchase our program. Since we lacked the research to validate the Straight-A Guide, we could not command a high price point. Instead, we offered the program on a licensing basis at $5,000 per year, plus another $2,500 for training. If an institution purchased a license to use the Straight-A Guide program, I would visit the institution to train facilitators on how to teach participants. They could use the program as a tool to build intrinsic motivation and prepare offenders for success. After the training, we would leave the institution with the video content, the literature, and the lesson plans. Institutions could then use the program as a tool to improve outcomes. Our initial clients included the Washington State Prison System, Santa Clara County, The City of San Jose, Orange County School District, Los Angeles County Office of Education, Orange County Department of Education, and The Los Angeles County Sheriff’s Department. Those orders generated financial resources, but the costs associated with delivering our program proved to be too high. Our model of offering the Straight-A Guide at a low price point would only work if we were successful in finding hundreds of clients. Despite funding from philanthropic organizations, and funding from purchase orders, we lacked sufficient capital to cross the tipping point. In order to grow, we would need more resources. We needed resources to purchase advertising campaigns that would bring us to the attention of more institutional buyers. We needed resources to purchase booths at conventions that served the corrections market. We needed resources to fund our travel costs and to hire staff members who could help us execute our plan. Inexperience convinced me that purchase orders would flow into our organization as soon as I created the product. As time passed, however, I learned how much I didn’t know about the challenges of launching a start-up venture.
Finding Markets: Like anyone starting a new venture, Justin and I had to overcome many hurdles as we tried to introduce our products into the marketplace. Philanthropic organizations provided us with funding to get started, but we still needed to create a sustainable business model. That meant we needed to find markets. The markets we identified included jails, prisons, and schools that served people who were at risk of going into jails or prisons. As formerly incarcerated individuals with felony convictions, Justin and I faced challenges in breaking through to decision makers at the institutions where we wanted to sell the Straight-A Guide. I concluded my prison term on August 12, 2013, but I was scheduled to serve an additional four years on Supervised Release. At times, selling to “the system” proved difficult because of our criminal records. Still, we were committed to the work, sensing that our product would inspire more people inside to pursue self-directed paths of preparing for success. On occasions when we broke through to decision makers, we faced another challenge. The corrections industry was becoming more professionalized. As such, administrators were reluctant to purchase programs that had not been evaluated as being “evidence based.” In other words, before considering a rehabilitative program for purchase, the administrators expected to see scholarly research showing a program’s propensity to achieve its intended outcome. With the Straight-A Guide, we aspired to show participants that they could empower themselves and prepare for success in meaningful, measurable ways. Their key to success would begin with a commitment to leading a values-based, goal-oriented life. To the extent that they articulated their values, set clear goals, and moved forward in the principled way of the program, they would make progress. The course would inspire participants to reject the criminal lifestyle and develop stronger critical-thinking skills. Through the Straight-A Guide, participants would contemplate their avatars and employ Socratic questioning techniques. We anticipated that such disciplined, deliberate adjustment patterns would assist the participants in becoming more resourceful. Rather than waiting for calendar pages to turn, or engaging in the types of thoughtless behavior that derails so many people in prison, participants would focus. They’d find mentors, they’d create opportunities, they’d seize or create opportunities to educate themselves. To the extent that participants committed to the Straight-A Guide adjustment plan, they would walk out of prison with a strong support network and confidence in their ability to thrive as law-abiding, contributing citizens. Yet when making this presentation to the corrections industry, we’d frequently encounter resistance. Many would object that other people in prison wouldn’t be able to do what I had done, or grasp the Straight-A Guide. They wanted to see independent scholarly research showing evidence that the Straight-A Guide lowered recidivism rates. We would face an enormous obstacle in providing such evidence. In order to gather the research, we’d need the following: We would need to contract with either a research institution or a university research department. We would need funding to pay for that research. We would need a test group that would allow us to administrate the Straight-A Guide program to a statistically significant group of people in prison. We would need each participant to take a “pretest,” showing their knowledge of the coursework we were about to teach through the program. We would need access to the answers they provided. We would need access to the coursework they completed as they advanced through the program. We would need the participants to complete their prison terms. We would need to measure progress the participants made after they returned to society. We would need to measure the success rate of participants who completed the Straight-A Guide and contrast those rates against others who were not exposed to the program. To succeed as an evidence-based program, we would need to coordinate an evaluation with an accredited researcher. If the independent researchers had access to data, and their research revealed that participants in the Straight-A Guide program were more likely to succeed upon release, as compared against similarly situated offenders who did not go through the program, we would have the ammunition we needed to sell this program to jails, prisons, and schools across the nation. Our problem was not only one of funding, but also of time. To gather the necessary data showing that Straight-A Guide programs lowered recidivism, participants wouldn’t only need to complete the program. They also would need to complete their prison terms, return to society, and refrain from violating the law for three years. Crossing the hurdle of becoming an evidence-based program would require significant amounts of capital. We would need to pay the necessary personnel who could conduct the study. We would need to fund the costs associated with opening meetings with decision makers. And we would need to collect data from participants who enrolled in the Straight-A Guide program. Until we were able to obtain evidence-based research, we’d continue to meet objections from administrators that would prevent us from scaling the program. If we had resources to acquire the research, we anticipated a massive market. Although we didn’t have clear data on the total available market, we knew that the corrections industry consumed more than $80 billion each year. If reentry and recidivism-reduction programs consumed only 5 percent of that budget, the market would be a $4 billion per year industry. In such a market, we anticipated that if we could become evidence-based, The Straight-A Guide program could anticipate sales north of $10 million per year. Despite the challenges, Justin and I succeeded in persuading several administrators to purchase our program. Since we lacked the research to validate the Straight-A Guide, we could not command a high price point. Instead, we offered the program on a licensing basis at $5,000 per year, plus another $2,500 for training. If an institution purchased a license to use the Straight-A Guide program, I would visit the institution to train facilitators on how to teach participants. They could use the program as a tool to build intrinsic motivation and prepare offenders for success. After the training, we would leave the institution with the video content, the literature, and the lesson plans. Institutions could then use the program as a tool to improve outcomes. Our initial clients included the Washington State Prison System, Santa Clara County, The City of San Jose, Orange County School District, Los Angeles County Office of Education, Orange County Department of Education, and The Los Angeles County Sheriff’s Department. Those orders generated financial resources, but the costs associated with delivering our program proved to be too high. Our model of offering the Straight-A Guide at a low price point would only work if we were successful in finding hundreds of clients. Despite funding from philanthropic organizations, and funding from purchase orders, we lacked sufficient capital to cross the tipping point. In order to grow, we would need more resources. We needed resources to purchase advertising campaigns that would bring us to the attention of more institutional buyers. We needed resources to purchase booths at conventions that served the corrections market. We needed resources to fund our travel costs and to hire staff members who could help us execute our plan. Inexperience convinced me that purchase orders would flow into our organization as soon as I created the product. As time passed, however, I learned how much I didn’t know about the challenges of launching a start-up venture.
Jesse Gessin: Federal Public Defender Jesse Gessin is a master of navigating federal prosecutions. He spoke with the Earning Freedom audience today about his experience. Jesse began his career as a federal public defender in the Virgin Islands. After a high level of success, he transitioned to the federal public defender's office in Orange County, California. Those who listen to Earning Freedom know that I'm a huge fan of federal public defenders. They devote their careers to helping people who lack resources navigate their way through federal prosecutions. Jesse spoke with us today about trial, about the sentencing process, about post conviction proceedings, and about preparing for early termination from Supervised Release.