Did Michael Vick Smoke Marijuana To Beat The System?
I think it goes without saying that many NFL fans, not to mention the rest of the nation, are disgusted with Michael Vick’s blatant disregard for the wishes of U.S. District Judge Henry Hudson and U.S. Magistrate Dennis Dohnal. On September 13th, Vick’s urine sample tested positive for marijuana during some random drug testing. This Tuesday, Vick was indicted on state charges of beating or killing or causing dogs to fight other dogs and engaging in or promoting dogfighting. Each felony is punishable by up to 5 years in prison. With the arraignment for the most recent charges just around the corner — October 3rd — Michael Vick potentially faces alot of jail time.
Legitimate Loophole or Conspiracy Theory?
On my way home from work today, I was listening to one of the local sports talk shows discuss the latest Michael Vick quagmire. Some guy that sounded about as credible as Jerry Fletcher in Conspiracy Theory…and just as apprehensive…suggested that by taking advantage of an obscure Federal Bureau of Prisons (B.O.P.) Rotational/Developmental Assignment Program (R.D.A.P.) loophole — 18 U.S.C. 3621 to be exact — that Vick could possibly reduce his sentence by one year. This documented instance of substance abuse apparently qualifies Vick for this reduction upon completion of a treatment program. Keep in mind that lab results from Vick’s previous incident at Miami International Airport with the water bottle came back negative. Its arguable that he’s done more harm than help. I happen to think so. The statute says the following:
Period of custody — The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve.
Take a look at the Imprisonment of a convicted person statute 18 U.S.C. 3621 at the Cornell University Law School website. I’m no lawyer, nor do I have any legal background, but this sounds like a load of crap to me. I even found a website that specializes in federal prison reduction. It does say “nonviolent offense”. But could it be true? Trust me. I’ve got calls into a few of my attorney friends (they better not charge me), and have yet to hear back. But I’m interested to hear what you think. BS or Legit?
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September 27th, 2007 at 5:45 pm
I hope it’s BS myself. But the judicial system works in odd ways sometimes.
September 27th, 2007 at 8:41 pm
It’s true, if you can show you had a substance abuse issue 1 year prior to entering custody you can get UP To A YEAR, knocked off your federal sentence, plus…six months of halfway house custody.
Larry Levine
Owner
http://www.americanprisonconsultants.com
September 28th, 2007 at 9:15 am
Thanks for the input, Larry. Despite this claim, I still find it hard to believe. But, it looks like it could work.
I emailed my story to King Kaufman at salon.com. And he makes a valid point: could this statute only apply to an offense committed as a result of one’s addiciton?
September 28th, 2007 at 8:58 am
Absolutely mind boggling…..Rewards for substance abuse… if “nonviolent offense” enters in…how could it apply?
September 28th, 2007 at 12:00 pm
He may actually get no time off, because the BOP will only put you in the program if you have a sentnce of 30 or more months, and the program takes 9 months to complete. Additionally, if someone has a crime of violence or weapons in their record, they’re not eligible to get any time off. So the big question is, is the death of the animals considered a crime of violence, how much time will he get sentenced to, and does he have violence in his past.
Larry Levine
Owner
http://www.americanprisonconsultants.com
September 28th, 2007 at 3:38 pm
I think you’re giving him way too much credit for legal knowledge and planning. If this guy had a brain to begin with he would have recognized the risk of his illegal activity and none of his problems would have occurred.
GO CUBS!
September 29th, 2007 at 5:28 pm
I agree with your assessment of Vick’s intelligence level, Bill. But that’s what high-priced lawyers and consultants are for.
September 29th, 2007 at 12:11 am
If each crime is punishable by up to 5 years of prison, and he is convicted of both, wouldn’t the 1 year be removed from the total sentence? If so, given that he is given the maximum punishment, he would be imprisoned for nine years. From what I read here, the positive drug result does not preclude being tried for either of said offenses. From what I can tell, if this was his intent, his attempt to get time off from one sentence, by committing another crime, could result in a second sentence that would take him well beyond the original.
I of course am not a lawyer, but just trying to apply logic to the situation.
September 29th, 2007 at 2:21 pm
Both of the sentences would most likely be run concurrent with each other, thereby creating an actual 5 year sentence. If Vick only gets a 29 month setence, he won’t get any time off.
Larry Levine
Owner
http://www.americanprisonconsultants.com
September 29th, 2007 at 5:32 pm
@ Ryan: This is definitely remains a far-fetched option my mind. But curiousity won’t seem to leave it alone until I know for sure how this will play out. I’ve got my popcorn ready.
@ Larry: Thanks for filling us in with your expertise. The national media hasn’t taken off with this thought yet (if they ever do…my post only appeared on USA Today, AOL Sports Blog and a handful of blogs), but all it takes for some legal correspondent to do the research…that’s all I’m waiting for.
October 4th, 2007 at 7:23 pm
LOL this is to silly for me, thanks for making me laugh!