CAREER OFENDER/10YEAR MANDATORY

I have a relative that was convicted of trafficking in 97, at the time he was a juvenile (16, but went to state prison at 17), a year or two later he was released from state and got indicted by the feds (new charge 02\'). He was released in 08\' and placed on federal probation, and has since then been violated , due to a new federal indictment (09). He is currently awaiting sentencing, and will possibly be classified as a career offender, which has a mandatory sentence of 10 years, primarily because of the 97 charge which was committed when he was a juvenile.

So the question is can the old 97 state charge be overturned or should I say re-opened, because at the time he was sentenced he was 1) a juvenile 2) had no parent/guardian present 3) the sentence was reduced because he was given too much time 4) a new witness is willing to come forth OR has time ran out on this case to re-open or appeal it?

It will be very difficult to do frankly--but is not impossible.

There might be better alternatives if you review all details with experienced counsel.