DD Support Board and Research Team

[shajandr]

This idiot Foley hasn't read his plea agreement. It is void if he appeals his conviction or his sentence. So now the DoJ is free to refile the remaining counts against him that were dismissed on their motion without prejudice.

More importantly, if he prevails in his appeal and a resentencing is ordered, the plea agreement is void and the DoJ can and will push for a much longer sentence.

What great irony if he wins his appeal (which is possible, but not likely) and then gets resentenced to a much longer term (which is likely if he does get his case remanded for resentencing). The resentencing will be de novo and can exceed ever the upper range from the prior calculation since the DoJ will withdraw their recommendations AND introduce the new fact that he breached his plea agreement and thus shows an ongoing contempt for the law - which is another factor in calculating his level for the guideline range calculation.

In para 5 he reserves his right to appeal based on ineffective counsel in NEGOTIATING his plea agreement - but the result of that is only to void the agreement if he succeeds. So either way, he loses.