This post shares insights from our New York Times article about Hugo Mejia. You can read the full article [here]. If you’ve followed the earlier blogs, you know how much the pre-sentence interview and report matter. Most defendants—and even their lawyers—don’t pay attention to this part until it’s already hurt their case
When Hugo Mejia was sentenced, the judge gave him 36 months. But what stood out wasn’t just the sentence—it was what happened right after.
His lawyer turned and asked the judge two questions.
Would he recommend placement at Sheridan?
Would he support drug treatment?
The judge said yes to both.
That moment saved Hugo close to a year.
Let me explain.
There’s a program in the Bureau of Prisons that can reduce your sentence by up to 12 months. But it doesn’t just happen. You have to qualify, you have to finish it, and most important, the judge has to approve it before you even get the chance. Too many people don’t find that out until it’s already off the table.
Most defendants don’t know that.
Some lawyers don’t mention it. Others don’t understand how much it affects your outcome. Either way, by the time you report to prison, it’s too late to fix. The transcript is final. Whatever was said—or left out—is what the judge, probation, and the BOP will rely on.
I’ve seen it too many times: someone gets sentenced, walks out of court thinking they did okay, then finds out weeks later they’re not eligible for time off. Why? Because no one asked the judge the right question.
That’s why I bring it up during prep calls. I remind clients—this isn’t a paperwork issue. It’s a custody issue. The Bureau of Prisons cares what the judge recommends. If it’s not in the transcript, they’ll assume it wasn’t important.
Even in Hugo’s case, it came down to a quiet reminder. He leaned over and told his lawyer to make the request. His lawyer almost forgot. Think about that. A single sentence—spoken or not spoken—can cost you 9 to 12 months of your life.
You don’t get that time back.
It’s easy to think your lawyer has this part covered. But most are focused on the legal fight—trying to avoid prison entirely. Once it’s clear you’re getting a sentence, many stop there. They don’t plan for what happens next: how the sentence is served, where you go, or what steps could shorten your time.
That’s where defendants have to step up.
You don’t need to become a prison expert. But you do need to understand how these decisions get made—and when they get made. Sentencing is not just about the number. It’s about what goes in the transcript, what’s written into the judgment, and what the Bureau of Prisons is allowed to act on later.
If you don’t bring it up in court, don’t expect it to be handled for you. And if it’s not on the record, don’t expect the BOP to guess your intentions.
You might be thinking, “Well, my situation is different. I didn’t use drugs. I don’t need treatment.” I hear that all the time. But if there’s any history of anxiety, depression, alcohol misuse, prescription dependence—anything in the PSI or medical records—it could qualify.
The judge doesn’t make you eligible. But without the judge’s recommendation, eligibility doesn’t matter.
Hugo got that part right. Barely. And it saved him months—maybe a year. It also gave him more options when it came to transfer and early release. Not because he had a better lawyer. Because he asked the right questions at the right time.
If you’ve already been sentenced, this is harder to fix. If you haven’t, you still have time to address it. That’s why every Tuesday at 11AM Pacific / 2PM Eastern, we talk through how to prepare for sentencing—starting with what you say before leaving the courtroom. Because once you walk out, the record doesn’t change.
Justin Paperny
