a little food for thought, this is from bleu davinci, bmf, not so hot a rapper but a solid dude in the game who also got a 5 year sentence. this is how he broke it down.
Bleu DaVinci: Check this out so everyone can have a clear understanding of how this works. First of all a conspiracy with intent to distribute at least five kilograms of cocaine holds a minimum mandatory of ten years to life in prison. That’s what I was up against. How this works is like this, I don’t have a criminal history at all. My criminal history is at the age of seventeen. In California I’m still a minor at the age of seventeen. Only adult criminal history counts in the federal court system.
How this works it goes off a grid. It’s a grid that goes across and it goes down, like any other grid. Across is criminal history category and down is the offense level. Now across I’m a zero to one, it goes up to twelve or thirteen or some s**t. I’m reading off the government paperwork right now.
They hit me with time for more than one hundred and fifty kilograms of cocaine right. So what that does is got me at zero to one for criminal history and that starts my offense level at thirty eight which hold like two hundred and thirty months. That’s what I was actually facing in the beginning, right.
Now they got something called safety valves that enable the judge to rule under your mandatory minimum. The only way you can get a safety valve is to not have a criminal history. So I was eligible for a safety valve.
The prosecutor didn’t put me in the leadership role; they gave me a minor position. So that automatically adjusted me four levels down from thirty eight to thirty four. So when you admit to guilt inside a plea you automatically get a three point reduction for not taking them to trial and all that, so that takes me to a thirty one. And the safety valve also gives you two more points adjusted downwards so [that] put me at a twenty nine.
What they tried to do is enhance me with a possession of a firearm and that was the only thing I had to argue when I went to court. The probation department gets your whole life in a nutshell and tells the judge how much time you should get. They recommended my sentence to be eighty-four months, which is seven years.
So when I went into court I was facing seven to nine years, because the prosecution wanted me to do nine years. So when I went in there, unlike a lot of other people I had a background in entertainment. My papers show that my life has been in entertainment even from being a couple months old doing a Johnson & Johnson baby shampoo commercial. That showed the judge that I was doing other s**t besides f***ing with drugs.
The prosecution was trying to use a common sense law that you need a gun to protect drugs and they were trying to put an invisible gun on me. So me and my lawyers, we beat that. So at the end of the day they ruled in my favor and that’s how I got the sixty four months.
Bleu DaVinci "Work" Video
AllHipHop.com: With everyone on your team getting hit with football numbers, did you feel copping out was your best move?
Bleu DaVinci: Nah, it’s like this. A lot of dudes don’t know about the law. I really didn’t know how all this s**t worked beforehand. But once I got in the mix and got to understand how the law works; in the feds it works different in the states. How this works it’s like this; if two people say you did something, you going to get convicted when you get to trial, period. They can lie just to get their time cut or whatever. All they need is two people and in our case they had like I would say at least fifteen to sixteen people that I’ve seen in my paperwork that was telling on all kind of n****s, not just me. That’s what made me pull out. I had two attorneys, they let me know, “Yo there’s no winning this at trial. There’s too many people taking the stand on you.”