Tag Archive for: federal prison

Mr. X is a former business professional who committed a crime that landed him in federal prison. He’s out now and agreed to share his story with the readers of The Graveyard Shift. Off we go …

GYS: Describe your first day in prison.

Mr. X: The place itself wasn’t as bad as it was being away from my family. I kept wondering how they were, what they were doing, and what they were going to do. Also, my gut was craving my medication. Of course the prison staff didn’t care about either of those things. Don’t get me wrong, they treated my okay—they didn’t beat me or anything like that. But it was obvious that I was just a number. Even though what I’d done was not violent they still treated me as if I were another Charles Manson or Jeffery Dahmer.

Still, I was an addict and I needed medical help. But some of the guards thought otherwise. One thought I was faking and told me to knock it off or he was going to put me in the hole. I didn’t know what the hole was at that point, but it didn’t sound good. Another guard, a female, managed to get me to the medical department. That was a real experience. I wound up being really sick—lying in the floor vomiting quite badly into a metal trashcan. A nurse kept peering at me through a small, thick glass window. After twenty minutes or so she came out and told me to fill out a sick slip (a request to see the doctor) and the doctor would see me on his next visit to the facility, in two or three days. I ended up toughing it out, going cold turkey in my cubicle. My bunkie (cellmate) helped me through the ordeal.

GYS: You were in a federal prison, right?

Mr. X: Yes, it was a minimum security federal prison. Before I was arrested I never knew there were such places.

GYS: You mentioned a “bunkie.” Tell us a little about sharing a living space with another inmate.

Mr. X: Honestly, I was horrified at the thought. I’d never been in trouble before. I’d always obeyed the law—until I was sick. I’d never stolen anything, or hurt anyone. I never would either. So to be dropped in a dormitory with 300-400 criminals was a real shock to me. There were honest to God bad guys in that place. I met bank robbers, big-time drug dealers, and even a mafia underboss. On the other end of the spectrum were the tax evading doctors, lawyers, and dentists. I learned that lots of people in federal prison are business people—the guy next door—who committed white collar crimes. Crooks, yes. But harmless.

I will say this, I never met anyone in the system who didn’t deserve to be there. Me included. Sure, I heard lots of men proclaim their innocence, but that’s basically BS.

My bunkie, the man who slept in the upper bunk above me, was a decent sort of guy. He’d been drafted to play pro sports, but couldn’t seem to leave the drugs alone. Long story short—he got caught with a couple of kilos of cocaine before training camp. Next thing he knew he was living in a concrete building with several hundred men, many of whom had followed his college career on TV. What a shame.

GYS: How did you spend your days?

Mr. X: Well, if you believe what you see on TV and in the movies—the rock breaking and planning the next escape—you’ll be a little disappointed. Every inmate has to have a job. For the first year my job was in the prison kitchen wiping tables and keeping the little chrome napkin holders full. I worked the evening shift which also meant I mopped the floor after dinner was complete. The rest of the day I spent taking classes, reading (I read over 500 books during my time in prison), or out on the recreation yard playing Bocce whenever I could get in a game. The Italian guys monopolized the Bocce courts. Oh, that’s one thing about prison—the place is strongly divided into ethnic groups. Italians hang out together, Blacks, Whites, Hispanics, etc. Even the TV rooms are segregated, and the wrong person better not wander into the wrong room.

When I finally made my way to camp for the last year, my job changed to working in landscaping. That was pretty relaxing—hard work, but relaxing.

GYS: Sounds as if your days were full. How about the evenings and nights?

Mr. X: I didn’t get out of the kitchen until around 7 p.m. so I missed a lot of action on the yard—the football, basketball, and soccer games. But I did get a chance to hear some of the music played by the various prison bands. They’d set up the music equipment on the yard and play for the guys. Some of the bands were really quite good. Even the bands were all ethnic based.

Did I mention food on the holidays? Special meals were prepared on various holidays, such as Mexican food on Cinco De Mayo.

Anyway, the yard was cleared at 9 p.m. We all had to be back inside our dorms for 10 p.m. count. They were very strict about the count rules. We had to stand perfectly still by our bunks—no talking—while two guards came by to count us. Any violation meant a trip to the hole (the hole is a no frills/no privileges jail hellhole inside the prison). After count was cleared (a buzzer sounded) we were free to watch TV, play cards, do laundry, cook food, visit guys in other cubes, etc. We just couldn’t go back outside.

Nighttime was also the time when guys got tattoos, drank alcohol, did drugs, etc. It was also the time to steer clear of the showers unless you wanted to participate in the goings-on in there. The showers were place to go to dole out punishment on someone. Groups of prisoners would grab an offender (someone who had disrespected them), drag the guy into a shower stall, and then beat the daylights out of him. And if he told what happened he got it worse the next time. Of course other things I won’t mention happened in there, too. Needless to say, I showered in the morning and in the early evening, during the safe times. It didn’t hurt that my bunkie was the size of a small bulldozer, either. People generally left him alone. I was shown professional courtesy—you didn’t mess with the bunkie of guys who could rip off your head with one hand.

Lights out was at 11 p.m. I was usually in bed reading by 10. I had to wear earplugs (the commissary sold them) to sleep because of the noise. Lots of talking at night. And the snoring! Oh God! Imagine trying to sleep in one large room full of men that snore like lions.

It was tough.

Leavenworth Prison dorm – circa 1910

We were permitted to purchase small radios and earbuds from the commissary, so I’d lie in my bunk at night listening to the sad-sack songfest played by radio DJ Delilah. Those tear-jerking tunes and pitiful stories about the lovesick, lonely fans of her show added to my misery and homesickness, yet I’d listen night after night until I drifted off to sleep.

And so it went, day after day and night after night. Three long years of no change, nothing new, same-old, same-old, and a clock ticking at the pace of a snail on barbiturates.

When Felicity Huffman and Lori Loughlin were sentenced to relatively short sentences as a result of a college admissions scandal. Both women served their time at FCI Dublin, a federal prison in Dublin, Ca. located 25 miles east of San Francisco. The Federal Correctional Institution, Dublin (FCI Dublin) is a low-security prison for female inmates. The facility also has an adjacent satellite prison camp housing minimum-security female offenders.

Huffman, bless her heart, barely had time to blink, have a shower, and enjoy fine prison dining before her time was up and she was back at home (11 days).

Loughlin, though, had to do hard time, counting the days one by one until she would once again be a free woman. I’m sure returning to society after serving her grueling two-month sentence was an eye-opening experience as it is for others who serve long sentences behind bars—the world had changed, planes now fly around the world, we have cell phones and microwaves and color TV.

However, no matter how short the sentence, prison policy and procedure remain the same for all. It’s a regimented system that helps maintain tight control over inmates, even the prisoners whose lifestyles on the outside are gold-plated. Once someone enters “the system” they become part of the prison population. They’re no longer movie stars, bankers, doctors, lawyers, truck drivers, or drug dealers. They’re simple another inmate who’s known by their last name and register number.

Here’s a sample of what life is like at FCI Dublin

  • Upon arrival at Dublin, inmates are taken to the Receiving and Discharge (R&D) area for processing and clearance by the Medical and Unit Staff.
  • If cleared, new inmates are housed in the Admission and Orientation (A&O) sections of the Housing Unit.
  • Within 28 days of arrival, inmates will participate in the Admissions and Orientation Program. However, if the physical screening indicates an individual has medical needs, they’re housed in the Special Housing Unit (SHU, AKA “the hole”) and are not released to the general population (GP) until the Staff Physician clears them for housing with other inmates.
  • A Counselor and Case Manager is assigned to each inmate.
  • Each inmate is expected to work within their assigned unit when asked to do so by the Unit Officer.
  • Beds must be made by 6:30 a.m. daily, except for weekends and holidays.
  • Unit Orientation is conducted by the Unit Team within seven (7) days of the inmate’s arrival.

“A Unit is a self-contained inmate living area which includes both housing sections and office space for Unit Staff. Each Unit is staffed by a Unit team directly responsible for those inmates living in the Unit. The Unit Staff offices are located in the Units, so staff and inmates can be accessible to each other. The Unit Staff includes a Unit Manager, two (2) Case Managers, two (2) Correctional Counselors and one (1) Unit Secretary. When available, the Staff Psychologist, Education Advisor and Unit Officer will sit in on a Unit Team meeting and be considered a part of the Unit Team.” Federal Bureau of Prisons

  • After completing the orientation program, approved inmates will move into general population.

Rules, Rules and More Rules!

  • Inmates are not authorized to be in any area which is less than ten (10) feet from the perimeter fence.
  •  Entrances to housing units are “Out of Bounds” to inmates who do not reside in a particular unit. Out of Bounds infractions could result in disciplinary action.
  • Clothing is issued by the facility and is marked with the inmate’s name and Register Number.
  • Official inmate attire must be worn while at work and during weekday breakfast and lunch meals. Inmates who alter institution clothing (cutting off sleeves or pant legs, etc.) are subject to disciplinary action and will be required to pay for damages. Blouses must be buttoned at all times, minus the top button.
  • Sexual relationships between inmates are prohibited.
  • Inmates must dress in an unprovocative fashion.
  • Boots must be worn while in uniform.
  • Pregnant inmates may be approved by Health Services to wear a jumper during their pregnancy.
  • No hand holding or other physical contact between inmates.
  • Each inmate is responsible for sweeping and mopping her personal living area.
  • Lockers must be neatly arranged inside and out. Inmates may have one completed hobby craft item in their room—oil painting, leather craft, ceramics, etc., and one project in progress. Additional completed projects must be sent home at the inmate’s expense.
  • Inmates are not permitted to possess cash or coins.
  • Inmates may not retain Polaroid photos.
  • Sun bathing is prohibited.
  • Haircuts and hair dye are only permitted in the designated Beauty Shop.
  • Inmates are not permitted to go outside when heavy fog is present.
  • If any person desires to send money to be placed on an inmate’s account, they must send it in the form of a U.S. Postal Money Order. Checks, cash, letters, pictures, etc., may not be included in the envelope.
  • Inmates must present their photo identification/inmate account card to shop at the commissary.
  • Inmates may shop only once per week.
  • Large dollar items (radios, sneakers, watches, etc.) are available for purchase – Special Purchase (SPOs).
  • Inmates are limited to spending $320.00 dollars per month no matter how much money is in their account. Inmates refer to the funds in their accounts as “money on the books.” “I only have three dollars on the books. I sure will be glad when my mom sends me more money.”
  • All inmates are to be in full uniform with beds made and the room ready for inspection by 6:30 a.m. each workday. On the weekends, beds will be made prior to the 10:00 a.m. count.
  • Counts are held at 12:00 a.m., 2:00 a.m., 4:30 a.m., 4:00 p.m., and 9:00 p.m. There is an additional count on weekends and holidays at 10:00 a.m. Inmates are required to stand during the 4:00 p.m. and 9:00 p.m. counts. Special counts may be called at any time. Inmates are not permitted to talk or move during count times.
  • All inmates are subject to mandatory random drug testing. Refusal results in severe disciplinary action.

Time to Work!

  • All medically cleared inmates are required to work. Jobs include orderly duties (cleaning, etc.), library clerk, landscaping—mowing, weeding, and more. FCI Dublin operates a Call Center where inmates are properly trained to process incoming phone calls for directory assistance. They’re taught to accurately and efficiently use a computer, as well customer service, sales, and telephone manners and techniques.
  • The Food Service Program provides on the job training which includes menu planning, budgeting, procurement, preparation, serving and sanitation. Inmate work assignments in Food Prep include clerical work, cooking, baking, meat cutting, salad preparation, and dish washing.
  • General wake-up time for all inmates is 5:00 a.m.

Meal times:

Weekday schedule

Breakfast – 5:30 a.m. to 6:15 a.m.
Brunch – 10:45 a.m. to 12:00 p.m.
Dinner – Units rotated after the 4:00 p.m. Official Count (Unit A at 4:15, Unit B at 4:30, Unit C at 4:45 etc.).

Weekend schedule

Breakfast – 6:30 a.m .to 7:15 a.m.
Brunch – 11:00 a.m .to 12:00 p.m.
Dinner – Units rotated after the 4:00pm Official Count.

  • Visiting hours are – Saturday, Sunday, and Federal Holidays 8:00 a.m. to 2:00 p.m.
  • Any inmate who cannot provide proof of a high school diploma or GED certificate within 60 days of arrival will be enrolled in the GED program. MANDATORY attendance is required until the inmate has achieved a GED certificate.

Time for School!

FCI Dublin offers the following educational programs:

1. General Education Development (GED)

2. English as a Second Language (ESL)

3. Vocational/Occupational Training

4. Adult Continuing Education (ACE)

5. Post-Secondary Education (PSE)

6. Family Program

7. General Library Services

8. Law Library Services

9. Apprenticeship Program

10. Recreation Program

Yes, Inmates Enjoy Reading

Leisure libraries offer a variety of reading materials, such as  fiction, non-fiction, reference books, and periodicals and newspapers. Federal institutions also participate in an interlibrary loan program with local, state, and college libraries.

Fun Time

Special Activities may include inter-unit holiday tournaments, bingo, and ping-pong.

Early Release

The Violent Crime Control and Law Enforcement Act of 1994 allows the BOP to grant a non-violent inmate up to 1 year off her or her term of imprisonment for successful completion of the residential drug abuse treatment program. If drugs are not a proven part of an inmate’s background they are not eligible for the program.

Job Training for Women

FCI Dublin offers programs to assist in preparing women for non-traditional jobs, such as auto mechanics, electricians, plumbers, forklift operators, propane tank filling, and painters.

Help!

Several programs are available for female inmates who have a history of physical and/or sexual abuse and/or traumatic life events

In-house mental health programs are designed to help inmates with severe emotional, cognitive, and behavioral problems.

 

Former inmate #12345-678 received a sentence of 37 months to be served in federal prison, followed by 3 years supervised probation.

The following is his account of serving time in a federal prison camp. The tale is his and he’s told it with hopes that it will help with your fiction and with your understanding of prison life at the federal camp level. Like others with real-life experiences, he sees mistakes in books that feature scenarios in which he has first-hand knowledge. Mistakes that could be easily avoided by simply conducting a bit of research.

The writing below is a combination of his and mine. I apologize for any errors I may have made during the process of trimming the story to fit this space. Please do examine the details because even the smallest could breathe life into what could be a boring scene. More importantly, though, this information could help with accuracy.

Off we go, to the federal prison camp in Anytown, USA.

My name is ***** ************ and I served a little less than three years of a 37-month prison sentence. The judge who sentenced me was a no-nonsense guy who handed out maximum terms like someone who rubber-stamps envelopes for a living. But I did what I did and into the system I went, leaving behind two children and my wife, a stay-at-home-mom, who had no source of income at the time. I’ll always stand by the notion that my sentence was far lighter than hers. But that’s a different story.


NOTE: Parole was abolished in the federal prison system in 1984. In lieu of parole, inmates sentenced after 1984 are instead eligible for “earned good time.” With no infractions during their period of incarceration, inmates may earn up to 15% of earned good time, thereby reducing their sentences at a rate of 54 days per year served, or 85 percent of the ordered term of imprisonment. Prisoners sentences prior to 1984 are still eligible for parole.


I was asked to talk about my time at “the camp” so that’s what I’ll do, saving the rest for another day. By the way, it’s sort of like therapy talking about this stuff, so thanks for listening and thanks for understanding that I’m not making my name public, for obvious reasons.

If you believe what you see on TV and in the movies—the rock breaking and planning the next escape—you’ll be disappointed at life in a federal prison camp, especially the camp where I was assigned. It was a privately-run facility out in the middle of nowhere, and the staff was, at best, extremely slack.

I will say this about prison life in a higher custody level institution—a minimum security federal prison, one that’s a step above a camp and the kind where I first started serving my time—the person who wrote the TV show Orange is the New Black definitely did their homework because they hit many points spot on. Maybe I’ll be back to talk about the time I did there behind the razor-wire-topped double fences. They also had helicopter wire strung over the outside areas to prevent a chopper from landing during an escape.

In the camp where I served time, there were no fences. No razor wire. No dogs or corrections officers patrolling the perimeter. No towers. And oftentimes, only three or four guards worked some shifts, supervising 1,000 inmates. Fortunately, for them, there was never any real trouble and that’s because the men serving time there were within ten years of release—short-timers—so they tended to behave so they wouldn’t be returned to prisons where conditions were far more severe. Actually, inmates policed themselves, meaning if another prisoner got out of line, well, the situation was “handled” from within without staff knowing the problem ever existed. The only telltale signs were the occasional cuts and bruises on the faces of the inmates who received “jailhouse justice.”

It’s a real privilege to be at a place where supervision and custody is more relaxed. But make no mistake, prison is prison, and serving time is an awful experience. My first couple of months of incarceration were had. I missed my family, my friends, my house, my yard, my car, real food, my bed, my pillow, my dog, soft sheets, walking on grass, fresh air, and so much more. Beyond those things, though, my focus was on the date of my release, three long years in the future. Nearly every minute of every day, my thoughts were of three years, three years, and three years. I darn near drove myself crazy. I became depressed, much like many newcomers to prison. It was simply overwhelming.

But an old-timer, a prisoner who’d been locked up for over twenty-five years with as many to go, sensed my mental state and told me his secret for handling life on the inside. His advice was to not dwell on the length of the sentence, nor on the date of release. Instead, he told me, to focus on only one day at a time. Do today, today and tomorrow will take care of itself. Do my work, read a book, listen to music, draw, study, exercise, or even pour myself into church, but think no further ahead than the weekly commissary day or the next weekend softball game.

Once I got myself into the “do today, today” rhythm things turned around for me. Time even seemed to go faster, and much easier.

At camp, as it is at most federal prisons, each inmate is required to have a job, such as painting, carpentry, electricians, landscaping, gardening, auto mechanics, factory work, sewing, and more. Each facility is like a small city, and nearly all the jobs you’d find in your area are also needed within prisons. During my first year in I worked in the prison kitchen wiping tables and keeping the little chrome napkin holders full. Later, when the position became available, I worked as a clerk in the chaplain’s office.

While in the dining hall I worked the evening shift, which also meant I mopped the floor after dinner was complete. The rest of the day I spent taking classes, reading (I read over 500 books during my time in prison), or out on the recreation yard playing Bocce whenever I could get in a game.

The Italian guys monopolized the Bocce courts. Oh, that’s one thing about prison—the place is strongly divided into ethnic groups. Italians hang out together, Blacks, Whites, Hispanics, etc. Even the TV rooms are segregated and the wrong person better not wander into the wrong room.

Speaking of bocce and the Italian guys, a mob boss was housed at our camp and when he and his entourage of lieutenants wanted to play everyone else stepped aside. The Boss was rarely seen anywhere without “his guys” around. Believe me, he lived like a king, with people doing his laundry, shining his shoes, cooking his meals, and handing over items to him that they’d purchased at the commissary. There’s a limit on how much money you’re allowed to have on the books so people on the outside would send cash to the mobster’s fellow inmates and they, in turn, would spend it as he wished.

The food at our camp was so-so. We served typical prison food—your basic frozen pseudo-meat patties as entrees. We did make a decent spaghetti sauce; however, the meat we used was that pink gooey stuff that looked like a slimy paste when thawed. Special meals were prepared on various holidays, such as Mexican food on Cinco De Mayo. Some Fridays were special for everyone because we served real bone-in chicken quarters. That was a thing at the other prison too. Guys lined up early outside the dining hall on chicken day. Rarely did someone skip this particular meal.

Cutting line was something that was taboo. It was an a**-kicking/shank-sticking infraction of unwritten inmate rules. But, members of various ethnic groups allowed other members of those same groups to cut line. Just no “outsiders.”

I didn’t get out of the kitchen until around 7 p.m. so I missed a lot of action on the yard—football, basketball, and soccer games. But I did get a chance to hear some of the music played by the various prison bands. They’d set up the music equipment on the yard and play for the guys. This special treat occurred mostly on holidays. Some of the bands were really quite good. Even the bands were all ethnic based, though, which was to be expected, I suppose. Although, one white guy was super good on the guitar and he played with several groups.

I was a bit of a loner, preferring to spend my yard time alone, walking laps around the track while listening to my radio through earbuds. The only way we were allowed to use our radios, by the way, was to listen through earbuds. Even the TV’s were programmed to send wireless signals that could be picked up on a certain radio frequency. That’s how we listened to TV programs and movies, through those ear things. Otherwise, the combined noises of several TV’s playing at once would be awful. Not to mention adding the sounds of a couple-hundred men, or more, talking, playing cards, laughing, etc.

While walking laps around the track after dark I’d see all the action since the oval circled around the entire recreation yard. The track at the camp was a dirt surface. The one at the low security prison where I started out was a nice rubber-like material that was designed to be better for the back, hips, and knees. That place was super nice as far as prisons go.

There were no fences at the camp, by the way, so there was nothing between us and the city except miles of flat land and a few bushes and trees. At night, seeing the city lights twinkle at the horizon was a lonely feeling, knowing that people were going about their lives without someone dictating their every move.

Out of Bounds signs were planted all along the outside edge of the track. We were not allowed past those points. An infraction would be considered as an escape attempt and we’d be punished accordingly. I think an escape attempt could result in an additional five years added to a sentence. Some inmates, however, saw the open fields as a means of bringing in contraband. They’d have a friend drive up a nearby road and drop off duffle bags filled with food, liquor, drugs, and other niceties from the outside. Then, at night, they’d walk a few laps and then, when the time was right, run over to scoop up the bags and bring them back inside the prison grounds.

But that wasn’t the worst of it. We were each issued a black windbreaker-type jacket. On one cool night, I was walking my usual laps around the track and I saw five guys walking along slowly, only one of those guys was a woman! She’d walked over from a nearby road and then her “boyfriends” gave her a prison jacket to wear to help conceal her identity. Every few laps she and one of the men would disappear into the shadows. A couple of laps would pass and she’d return and then disappear with a different inmate. I kept walking, not wanting any parts of that deal. Who knows how much it cost to arrange that liaison, or how much additional time would be tacked on to a sentence if an inmate was caught.

An alarm sounded at 9:00 p.m. each night, signaling the end of recreation time. Guards cleared the yard to make certain we were back inside our dorms for 10 p.m. count. They were very strict about the count rules. We had to stand perfectly still by our bunks—no talking—while two guards came by to count us. Any violation meant a trip to the hole (the hole is a no frills/no privileges jail hellhole inside the prison). After count was cleared, a loud and extremely annoying buzzer sounded and we were free to watch TV, play cards, do laundry, cook food, visit guys in other cubes, etc. We just couldn’t go back outside. Lights-out was at eleven.

Nighttime was also the time when guys got tattoos, drank alcohol, sold and used drugs, gambled, cooked meals using the microwaves, washed and dried and ironed their clothing, polished shoes, etc. It was also the time to steer clear of the showers unless you wanted to participate in the goings-on in there. The showers were the place to go to dole out punishment. Groups of prisoners would grab an offender (someone who had disrespected them or had broken an inmate rule of conduct), drag the guy into a shower stall, and then beat the daylights out of him. And if he told what happened he got it worse the next time.

Of course other things I won’t mention happened in there, too. Needless to say, I showered in the morning and in the early evening, during the safe times. It also didn’t hurt that my bunkie was the size of a small bulldozer. People generally left him alone. I was shown professional courtesy—you didn’t mess with the bunkie of guys who could rip off your head with one hand.

I was usually in bed reading by nine or ten. I had to wear earplugs (the commissary sold them) to sleep because of the noise. Lots of talking at night. And the snoring! Imagine trying to sleep in one large room full of men sounding off like roaring lions, or 100 chainsaws going at once. It was tough.

After I’d been in a while I heard about inmates having been granted furloughs—weekend trips to their homes to spend time with their family. The purpose of the furlough is supposed to help prisoners gradually become accustomed to outside life with their families. Well, I applied for one and it was approved. I went home for three days during the Christmas holidays and it was wonderful.

My wife picked me up in the prison parking lot and we spent those three glorious days together, at home, before I had to return to the camp. I was walking on air when I got back.

I’d also gone on short day trips, like to trim roses in the town parks, or to the warden’s Ruritan Club to spruce up the grounds. They were nice outings to break up your time and to see some real people, but they were nothing like my time with my family, at home. Still, seeing people and cars and trees and flowers and freedom … well, any time outside the camp grounds was like a dream.

Nighttimes, when things grew quiet and still were the worst times for most of us. That’s when we had time to think about where we were, why were there, and about our families and about life on the outside.

I’d shed more than one tear during those times, and I’d seen others do the same, including some of the biggest and baddest men I’d ever encountered.

Prison can bring the strongest of the strongest to their knees.

 

Changing their pleas from not guilty to guilty in the college admissions scandal case, Lori Loughlin and husband Mossimo Giannulli sent the internet into a buzz of chatter. Why, many asked, did, after such a long battle, would the couple suddenly change course after vehemently professing their innocence?

Some say the pair likely feared the possibility of a 40-year sentence in federal prison. Others say their timing was well-calculated due to the mass release of inmates due to the current COVID-19 situation.

Per the terms of their agreement, Loughlin would serve two months in prison and pay a $150,000 fine. She would also serve two years of supervised release and 100 hours of community service. Giannulli, Loughlin’s husband, would serve five months in prison, pay a $250,000 fine, and after his release from prison would serve two years of supervised release and 250 hours of community service.

Loughlin pleaded guilty to one count of conspiracy to commit wire and mail fraud. Giannulli pleaded guilty to one count of conspiracy to commit wire and mail fraud and to honest services wire and mail fraud.

Due to COVID-19 … well, there’s a good chance that neither of the two will set foot inside a federal prison. Instead, it’s possible they’ll be assigned to home confinement for the duration of their sentences. I’m not say this is what will occur. Instead, I’m merely stating that it is indeed possible.

So how do judges decide the sentence for a particular crime? Since we’re talking about Lori Loughlin’s case, which is a federal crime, her sentence will be decided by a federal judge who relies on Federal Sentencing Guidelines.

Federal Sentencing Guidelines

Federal Sentencing Guidelines are rules that determine how much, or how little, prison time a federal judge may impose on a defendant who has been found guilty of committing a federal crime. First, though, attorneys and probation officials must determine where the defendant fits in on the Federal Sentencing Table (below). To do so, they must assign the defendant to a criminal history category (I-VI), and to an Offense Level (1-43).

Federal Sentencing Table

A defendant’s criminal history points are determined by:

  • Assigning 3 points for each prior sentence of 1 year and 1 month
  • Adding 2 points for each previous sentence of 60 days to 13 months
  • Adding 1 point for a prior sentence of less than 60 days
  • Adding 2 points if the defendant committed a crime while already under another sentence (probation, parole, etc.)
  • Adding 2 points if the current offense was committed within two years of completing a previous sentence
  • Etc. (there are several other factors that add or subject points—too many to list here)

For example, using the chart above, a defendant who has a final total of 13 criminal history points will be in category VI.

Offense Levels

Next, officials must then decide the defendant’s offense level. To do so, they refer to Chapter 2 of the Federal Sentencing Guidelines, where they’ll find a a base number assignment for each crime. For example, First Degree Murder has a Base Offense Level of 43. Therefore, 43 is the starting point for determining the defendant’s final Offense Level.

Let’s say our defendant was convicted of Aggravated Assault, which has a Base Offense Level of 14. Officials must then determine what factors were in play during the commission of the crime, such as use of firearms, etc. For example, the use of a firearm during the assault would increase the offense level by 4 points, making it a level 18. If the assault was premeditated, add 2 points. If the firearm was discharged, well, that’s another 5 points. If the victim received serious injury during the attack…yep, that’s worth 7 points. A minor injury…3 points. Get the idea?

So, What’s the Damage?

Let’s add it up and see where our bad guy falls in the guideline.

  • Aggravated Assault = base level of 14
  • He shot at his victim = 4 points
  • The victim suffered a serious injury = 7 points

Total = 25 points

Therefore, our guy, a repeat offender with a criminal history category VI, and an offense level of 25, will be in Zone D, subject to receive anywhere from 110 to 137 months in the federal penitentiary.

Upward and Downward Departures

Easy enough, right? Well, it doesn’t stop there. Other factors are still waiting to be applied, such as downward or upward departures from the guidelines. For example:

  • Points may be subtracted if the defendant assists the government with ongoing cases (provides substantial information). There are, of course, many other factors that allow for a downward departure. Another example of a reduction of points is when the defendant accepts full responsibility for the crime. If so, the prosecutor may file a motion for a downward departure. This normally occurs when the defendant pleads guilty.
  • Points may be added for things like wearing a bullet resistant vest during the commission of a drug crime, and abuse of a position to further the commission of the crime (a politician who uses his position and power to commit a crime—a governor who uses his position to sell a seat in the senate left vacant by the president of the U.S.). Again, there are far too many to list here.

Guilty Pleas

Back to our crook who wound up with the offense level of 25. Well, let’s say he entered a guilty plea and accepted responsibility for his crime.

The guilty plea/acceptance-of-responsibility earned him a downward departure of up to 3 points. Take 3 points away from the original 25 and that leaves him with an offense level of 22. Back to the chart we go. His sentencing range at level 22 is a much lower 84-105 months…well over a year less. And that’s a nice little reward for owning up to the crime, which, by the way, saves the government a lot of money—no trial.

So, is this as clear as mud, or do you now sort of understand how sentences are handed out in federal court?

One thing’s certain, a 36/VI is going to prison for a long, long time.

Well, there’s that 3 point deduction, and that other 2-pointer … oh yeah, let’s not forget the four 1-point deductions. And our bad guy did help out by telling the government who sold him the machine guns.

I think our crook now has total of 6 points to the good. Hmm … with all those extra points, does that mean he can now commit one free crime?

separate the witnesses


Click the play button below to learn more about federal sentencing guidelines and about the Sentencing Commission