By Scott Hayworth
That which you recommend is not binding.
That to which you object carries no weight.
That your guidelines are dreadful is only advisory.
That your ranges apply except when they do not.
That you do not group will not run concurrent.
That your mandatory sentence may not be imposed.
That your choices are clear, take that or take none.
That you forfeit your car & your cash & your phone
but you get back your clothes.
but they don’t wash your clothes.
That you waive all your rights except those you retain.
That those you retain no longer apply.
That those that apply are all that remain.
That those that remain are applied toward your fine.
That you may not withdraw one word that you said.
That you said you agreed no matter what happened.
That you gave your consent that you swore & affirmed
That the words that you spoke on the record were burned
into memory, burned into law, burned into fact
that you did what they said & said what they saw
when you said what was written in Paragraph Three.
& that’s what you did. It’s there on the page.
You said what you did when they wrote what you see.
It’s effectively true.
It has its effect, & the effect is the truth.
In 100 days you will stand
w/ the Law in your heart & the Lord in your hand.
You studied a chart & made a smart plan,
in principle smart, strategically sound
defensible at least on strategical grounds.
It makes sense on paper.
That you hear what you hear, they hear what you say.
They repeat what you said in an alternate way.
But it didn’t come out quite the same way you said it,
as you did not intend to unsay
what you said when you said
what you did on the day you agreed
that you said what they saw
& saw what they said on the page that they wrote
there in Paragraph Three.
They were there when you said it
& you said you regret it
& you’d like to move on w/ your life
& forget it but there’s more left to do.
You can’t overlook your need for correction.
There’s need for respect for the law,
there’s need for public protection,
there’s deterrence for all & deterrence for you
the weight of offense & just punishment too
under Title 18 of United States Code
Section Something & Something in paragraph 2
& subparagraph (b) & Apprendi & Booker
& Something & Something in some other Section
your Bostic Objection
good luck & best wishes & high hopes for you.
Then you waive your last waivers
& then move on you do.
When you arrive at the place you will be
you will be in a place where no one can see.
Midway up a mountain of mist where no one can go
except the free-ranging elk who will watch you arrive
as you roll up the drive & you’re still alive
& you’re clean & they welcome you there,
they welcome you in
just you & your name & the mist & your skin.
That’s how it will be. That’s all you will see.
A register number is what you will now be.
For nobody can know what nobody can see.
That’s the Number One Rule in the whole USP.
That which you were informed has been superseded.
That which logic dictated has been discontinued.
That which you thought was the worst case scenario doesn’t seem so bad anymore.
That which offered hope has become your greatest worry.
That which you said has been turned on it’s head
for the sake of relief which no longer applies
which no longer remains & no longer pertains as retained by your brain
as you pass through the portal at the end of the lane.
A looking glass world where the Lord works by day
& at night turns away back to Heaven & the Law ricochets like
angry vengeful hate-thoughts in the mind of a crazy woman.
A half-cocked experiment conducted by fools
taking place on a plateau on the floor of the sky
will arrive at conclusions too far-fetched to view.
No one can describe what they choose not to view.
In the place called Big Sandy, that’s Rule Number Two.
That which kept you awake now sleeps with you every night.
That which you knew better than your own reflection is forgotten.
That which was the most important thing in the world is as far away as the farthest star.
That which they took from you (car cash & phone)
are replaced when you leave by the place where you go.
& the place where you go is the place you must be,
in a house with a door & a hinge & a lock but no key.
For wherever you go now you are never quite free.
That’s the gift of a lifetime, & that’s Rule Number Three.
You are not what you were & you are what you weren’t,
& that’s all you have left, in your memory burnt.
You don’t feel quite the same, but not too bad for all that.
When you walked out they gave you another man’s hat
by mistake. Hey nice hat, says your kin.
& you got back your clothes. They don’t fit.
You look good, says your kin.
& you got back your name. It don’t fit.
What is wrong? Says your kin.& you got back your skin.
It don’t fit.
& it’s dirty now, dirty.
Man, they don’t wash your skin.
(Bio: Scott Hayworth is a lawyer in Lexington KY. He is a grad of the Univ of Cincinnati & Vanderbilt Law School. He was a public defender for 4 years, and has been in private practice for many years, with 90+ criminal jury trials in state & Federal court. He is married, no kids, 4 cats. His interests are birds & wildlife, the Civil War & college football. A few years ago he wrote & self-published a novel about baseball called “Keeping it Light”. It can be found on Amazon, or follow the link below.)