Removal of Incorrect Sex Offense Label Leads to 3-Month Release

Southern District of Ohio

Case Number:

3:22-cr-143

Offense Level:

19 (30-37 months)

Before

Faced 3-4 years in high-security prison

Defendant faced up to 3-4 years in a high-security prison due to incorrect security classification and a Public Safety Factor for a sex offense classification and high security score.

After

Minimum sentence and release within 3 months after correction of PSR

Judge ordered removal of sex offense language from the PSR, resulting in minimum sentence and release within 3 months.

Summary

Prisonology reviewed the Presentence Report for a low level drug offender who had been held in custody for over a year awaiting sentencing.

He was facing 3-4 years on the drug charges but we noted that there was significant information in the PSR related to an accusation of a sexual assault where no charges were ever brought but there was substantial information about the assault.

Argument for Mitigation

After our expert analysis, we determined that the Bureau of Prisons would assign as sex offense Public Safety Factor even though there was no sex offense charged in the case, nor previously. In addition, his security score was driven higher by past, small criminal violations and his age (only 28) that would have placed him in a high security prison.

Actual Outcome

The judge ordered that the language regarding the sex offense be stricken from the PSR and gave a minimum sentence that allowed the defendant to be released within 3 months after sentencing.

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