1. Federal Prosecutor’s Perspective
John d. Pritchard, assistant united states attorney

2. Disclaimer

3. The Prosecutor’s Mind Alafair Burke
Former prosecutor, author, law professor, and daughter of James Lee Burke

4. What Prosecutors Think
Prosecutors see wrongful convictions as statistical anomalies and bad actors as incredibly uncommon.
They also see themselves as ethical attorneys.
Confirmation Bias is everywhere. (We win. A lot.)
Conviction Rate
Guilty pleas
“Weak” cases
“Reciprocal discovery”
“Transfers” tend to go one-way

5. Negotiating with Prosecutors
What to Do:
Be candid about what you want.
Know your case.
Respect the prosecutor’s time.
What Not to Do:
Be unsure of what your client will accept before negotiating.
Appeal to religion
“I’ve already punished them.”
Forget that in a plea bargain, the state/government needs to get a piece of the bargain.

6. Getting on the Panel Compensation is $127/hour until January 2016
Panel requires: NC licensure, WDNC bar membership, Admitted to the 4th Circuit Court of Appeals, 2 years federal criminal experience or a minimum of 5 years state law experience, served as counsel in 2 jury trials AND either first or second chair (with significant duties) in 2 federal criminal trials. (This is among other requirements.)
Transitional panel: Established for attorneys who meet the requirements except for federal experience. Allows you to represent clients in supervised release violations, probation violations, and misdemeanors, with opportunity to advance to full panel with certain requirements.
May apply at any time, but membership usually reopens in the summer. Expect announcement in May/June.
Most recent app:

7. Initiation of Criminal Proceedings in Federal Court
Indictments
Bills of Information
Complaints
Target Letters

8. The Magistrate Court Initial Appearance Court Appointed Counsel
Government moves to detain or for release on conditions
Secured Bond?
Preliminary Hearing
Detention Hearing: 18 U.S.C. 3142
Rebuttable Presumption cases
Otherwise, safety of any other person and community, risk of flight or obstruct justice

9. NC Sentencing vs. Federal Sentencing
Similarities
Differences
There is a grid!
Horizontal & Vertical Axes.
Horizontal Axis is for Criminal History.
Vertical Axis is for classification of the crime but doesn’t have all the adjustments of the U.S.S.G.
Think of every number you see there as a minimum term of incarceration. (More later.)
Mandatory. There are no variances/departures.

10. Other Sentencing Tips Pre-Sentence Reports (PSR)
Consolidated vs Consecutive
Variances/Departures
Typical reduction for cooperation: 3 levels if adjusted offense level is 16 or greater, 2 otherwise
Zone A: Probation or Prison
Zone B: Probation with intermittent confinement, home confinement, or community confinement, or Prison
Zone C: Zone B except one-half of term must be imprisonment
Zone D: Prison
Prisoners serve 85% of sentence if given more than a year

11. Substantial Assistance
U.S.S.G. 5K1.1
“Upon motion of the government…”
Typically filed about a week before sentencing
Okay to remind prosecutor
“[T]ruthfulness, completeness, and reliability…”
How can your client blow it?
Also a statutory motion to allow sentencing below mandatory minimum.

12. CVB Petty offenses, 6 month maximums or $5000 fine What we report
NC DWI laws apply
Collaterals
What to expect in certain cases

13. Judges Howell: On time is late Documents done beforehand Calls cases
M-W-F schedule
If interpreter, read it all
Reidinger:
Objections in plenty of time, preferably a week
“Blind Judge Rule”—14 Point Times New Roman font
Socratic method
Expressed displeasure with preparation of defense attorneys at last federal bar meeting