My husband was charged in 2007 for possession of cp in the federal system. He had 15 images on a computer that we used to own in 04 that were downloaded from a peer to peer site while downloading music from it.(Kazaa)He didn't even know they were there. He then got rid of the compurter. Our newer computer was found to have none. Anyway, his fed public defender convinced us to plea guilty after over a year remaining that he is innocent. This was to avoid a 5 yr mandatory charge for downloading it and was sure he could get probation and that was the best available. At sentencing this March he recvd 51 months. We have made a horrible mistake. He has been on pretrial over 2 years, that counts for nothing. How can an innocent man go to prison? Please someone help my husband and my childrens dad
In exchange for the plea and reduced sentence your husband was asked under oath if he understood the charges, the sentence, and the consequences. It was his decision to answer at that time under oath. If he said yes and was not under duress in open court when he answered the judge, then an appeal is not a likely course that would be successful.
As he was represented by counsel he probably talked it all through with his lawyer, too,
Good luck to you.
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In the federal criminal justice system, the sentencing is very structured. Perhaps the lawyer your husband had representing him never explained the tier, downward departures, variances and adjustment protocol; or, your husband didn't understand that the judge was not bound by the plea terms, so long as he sentenced your husband within the statutory framenwork pertaining to these charges. If either is asserted by your husband, he may be able to appeal the sentence or the entry of the plea if he can articulate a colorable basis for the appeal. However, before anything else, I suggest someone take a look at the plea terms and see if it contains a waiver of these types of appeal grounds, so long as the sentence was within the statutory framework for the charges. This is something that your husband needs to discuss with an experienced criminal defense lawyer admitted to the Federal District where the case has charged. Good luck.
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More than likely, as a part of the plea agreement, your husband agreed to waive his rights to appeal the conviction and sentence. If this occurred, there are very few options for appealing.
