Sample Argumentative Essay on Appeal for Sentence Reduction

Appeal for Sentence Reduction

Memorandum

 

To: The Honorable Presiding Judge

From:

RE: Name of the Defendant-Sentence Reduce

Date:

 

As the defendant, I respectfully submit this memorandum of Law appealing for the reduction of sentence of the Misdemeanor case that I am facing.

I was indicted for defrauding an Innkeeper, thus committing a violation of the honest services fraud statute, 18 U.S.C. § 1346. I was convicted and sentenced to serve an in-house arrest/GPS ankle bracelet monitoring system and scheduled to be released from GPS on October 22nd, 2015. I now ask the court to reduce the days to allow release on September 1, 2015. This is in relation to the provision of the penal code that states, under 18 U.S.C. 4205(g), that a sentencing court, on motion of the Bureau of Prisons, may make an inmate with a minimum term sentence immediately eligible for parole by reducing the minimum term of the sentence to time served. Under 18U.S.C. 3582(c)(1)(A), a sentencing court, on motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment of an inmate sentenced under the Comprehensive Crime Control Act of 1984.

In the case of Freeman v. United States, 131 S. Ct. 2685 (2011), a 5-4 majority of the Supreme Court held that the defendant, William Freeman, was eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2). This was after pleading guilty to drug and firearm charges under a Federal Rule of Criminal Procedure 11(c) (1) (C) plea agreement (“Type C agreement”). A plurality of the court concluded that Freeman is eligible for a sentence reduction as a result of a retroactively-applicable guideline amendment because the district judge, in accepting such a plea agreement, had an “independent obligation to exercise its discretion” in imposing the sentence. Part of that exercise was consideration of the guidelines, including the crack cocaine guideline that was subsequently amended and awarded a retroactive effect (Boss, Marek, Rutherford, & Proctor, 2014).

Due to the events that conspired leading to my arrest and sentencing, I would plead with the honorable court to enable me move to San Diego, CA and be with my relatives, who are not aware of the current situation. In the relocation process, I am to get help from VA whose condition is that you place your request in advance. Your consideration in this matter will allow me to request in advance such that I can place the order early September so that come October, all will be set for relocation.

Also, I am supposed to apply for my doctorate studies in education next year, since  I graduated recently from Upper Iowa University where I did an online course AND got a Master’s degree in Public Administration, as well as a professional certification from Notre Dame, also online. Due to this, I would request the court to reconsider the sentence such that the fee for the coming sessions should be sought. As required, I am supposed to retake the GREs whose fee is $195, and also will require some time for a test administered through Prometric in mid-September at the 1721 Thierer Rd, East Pointe Plaza – 1st Floor Madison, WI 53704 location (the test is administered through Prometric).

 

References

Boss, B and Marek, E. Rutherford, J and Proctor, M. (2014) Federal Criminal Justice. California: James Publishing

Griswold v. Connecticut, 381 U.S. 479 (1965). U.S. Supreme Court opinion issued in 1965, published in volume 381 of United States Reports, and starting on page 279.