More Sentence Commutations By Obama This Week

Sentence Commutations for Drug Offenders

Obama: Don't be Stingy with Sentence Commutations

Obama is stingy with sentence commutations

Its a sad fact that Obama has pardoned and commuted less sentences in his presidency than any other president in modern American history. In a positive recent action, Obama issued 22 sentence commutations to federal inmates serving time for drug-related crimes.

These 22 sentence commutations nearly double the number of these actions that he took in the first three-quarters of his presidency. In an article from The Atlantic, snarkily titled, “Obama Offers Commutations to 22 of 209,155 Federal Prisoners,” David A. Graham delves into the good and bad news surrounding these commutations.

Here’s How that article gets going:

For opponents of the War on Drugs—a group that seems to be growing—and those who think the U.S. incarcerates too many people, Tuesday brought some good news and bad news.

The Good News: President Obama has announced that he’s issuing commutations to 22 individuals. They all share convictions for drug offenses; eight would have died in prison if not for clemency.

The Bad News: As The Huffington Post notes, that more than doubles the number of commutations and pardons Obama has issued through the first three-quarters of his presidency. As my colleague Matt Ford noted in December, Obama has been stingy with his mercy, even by the standard of recent presidents, who have used their power more infrequently (though George W. Bush issued only 11 commutations over two terms). Ron Fournier also wrote an excellent analysis of Obama’s pardons in 2013.

Commutations versus Pardons

Sometimes these two words get used interchangeably, and their meanings get lost, so lets clarify. A presidential pardon comes to ex-cons who are out of prison and want their crimes wiped off their criminal record. Pardons usually come at the end of a president’s term to wealthy donors who have no other criminal history besides the one federal conviction to which the pardon is being requested. Translation: pardons are for free men who want to get rid of their criminal record.

Commutations are a different animal. Sentence commutations don’t take away the underlying conviction, it only erases the remaining sentence so an inmate can go free immediately. The 22 people who received sentence commutations on Tuesday would have already been free had they been sentenced under current sentencing guidelines, so these commutations aren’t controversial at all.

A Step in the Right Direction

Obama is to be applauded for his actions, while still encouraged to do more. As the title of the Atlantic article points out, over 200k inmates are still incarcerated in the federal Bureau of Prisons. Considering America has about 5% of the world’s total population, but 25% of the world’s prison population, Obama could do much more to leverage his pardon and commutation power to affect a lot of change.

Sentence Commutations are a good start, though.

Marijuana Legalization, Coram Nobis, and Federal Felonies

Legalized Pot

An interesting question arose for PCR Consultants the other day. With the growing trend the United States these days to legalize pot, what would happen if the federal government actually gave up the Weed branch of its War on Drugs.

Plenty of people believe that locking up citizens in the US for simple Marijuana possession, especially non-violent offenders, is a waste of taxpayer money. Federal felonies can lock up these offenders for decades, given a sufficiently long rap-sheets to justify large sentencing enhancements.

The landscape of Marijuana legalization has changed drastically over the last few years. In 2010, California nearly passed a ballot measure that would have decriminalized normal possession of consumable Cannabis. From SF Weekly writer Chris Roberts:

Buoyed by Oaksterdam University founder Richard Lee’s cash and energy, Proposition 19 — which would have legalized possession of up to an ounce of pot for adults 21 and over, and allowed cultivation of small gardens — lost in November 2010. It garnered a historic 4.6 million votes, or 46.2 percent of ballots cast. Following the loss, Lee declared on election night that legalization was inevitable, and that legalization would return in 2012 “stronger than ever” with a new ballot measure.1

What would happen, then, if pot was legalized? Would non-violent federal felonies for Marijuana crimes be erased, and the offenders relieved of their weed-based criminal record?

Maybe, but then again maybe not.

United States v. Skilling

To explore this issue further, we look at Honest Services Fraud and CEO-turned-convict Jeffrey Skilling. What, you may be wondering, does a high-profile-former-Enron-CEO have to do with weed?

Skilling took his federal felony to the US Supreme Court, who decided that some of what Skilling did was not actually a crime. This was a groundbreaking restriction on the application of Honest Services Fraud, and enough to call into question plenty of felonies that stood upon a broader definition of this type of fraud. In effect, many inmates were incarcerated for what may not be a crime any longer.

One of Illinois’ incarcerated former governors2 seized upon the Skilling decision to try and spring him from federal prison. Crime in the Suites reports on this (unsuccessful) attempt:

The Supreme Court’s June decision in United States v. Skilling doesn’t give former Illinois Gov. George Ryan a “get out of jail free” card, a U.S. district judge has ruled.

Last August, Ryan filed a petition under 28 U.S.C. 2255, which allows a federal prisoner to challenge his conviction and try to have it set aside if it was imposed in violation of law. His lawyers pointed out that Skilling made a substantial change in federal fraud law, rejecting the concept of “honest services” fraud in cases other than “paradigmatic cases of bribes and kickbacks.”

Judge Pallmeyer, in a detailed 59-page opinion, turned aside all of Ryan’s arguments. The “conduct for which [Ryan] was convicted – steering contracts, leases, and other governmental benefits in exchange for private gain – was well-recognized before his conviction as conduct that falls into the ‘solid core’ of honest services fraud,” the judge wrote, noting that this conduct was exactly what the Supreme Court said in Skilling was the “proper target” of the “honest services” law.

Coram Nobis

On the other hand, if what you did falls exactly under Skilling, you have a case. Nicholas Panarella was convicted of exactly the type of crime that the Skilling ruling said was no longer criminal. Matt Mangino reported on that case this way:

U.S. District Judge Mary A. McLaughlin ruled that Nicholas Panarella, Jr., convicted in a political corruption scheme, is entitled to a “writ of error coram nobis” to vacate his conviction based on an honest services wire fraud scheme, according to The Legal Intelligencer.

Judge McLaughlin ruled that Panarella’s conviction is no longer valid in light of the U.S. Supreme Court’s 2010 ruling in Skilling v. Untied States, which significantly narrowed the scope of the honest-services-fraud statute.

“Where a person is convicted and punished for conduct that is not a crime, such circumstances constitute the sort of fundamental error that may warrant coram nobis relief,” McLaughlin wrote.

McLaughlin said there was “no dispute that Panarella was charged solely with the undisclosed self-dealing theory that was invalidated by Skilling”, reported the Intelligencer. As a result, Panarella’s conviction “was predicated solely on conduct that is no longer a crime.”

What it all Means

In one case above, the underlying conduct of former Governor Ryan did not become lawful from the Skilling ruling. In the other, the Writ of Error Coram Nobis was used successfully when the underlying conduct of that person was declared “not illegal”.

So many federal felonies are out there for Marijuana that there is no one-size-fits-all answer to the question posed at the beginning of this article. If Marijuana is de-criminalized at the federal level, a great many federal prisoners could be eligible for having their convictions thrown out

  1. Marijuana Legalization Effort Fails in California, Thanks to Money and the Feds []
  2. and there are two: Ryan and Blagojevich []

Opportunity After Federal Prison

The United States Attorney for the District of New Jersey had some interesting comments about community release after incarceration. Normally, the American standard of criminal justice involves putting away the bad guys. After that, the narrative seems to stop.

Unfortunately for that narrative, and fortunately for defendants and inmates, nearly everybody that goes to prison gets release. What happens then? Most don’t know.

In early July, 2014 the United States Sentencing Commission released and confirmed their new drug guidelines that will not only make drug sentences shorter, but apply them retroactively (eventually)1.

Below is an excerpt from an opinion article written by the above-mentioned US Attorney regarding opportunities for inmates after they get released, but the entire piece entitled “Ex offenders get time, now they need opportunity” is worth a full read.

Every year, my office prosecutes several hundred defendants who have violated criminal laws passed by Congress. For most of those defendants, a term in federal prison is warranted. Whether they are public officials who betray their oaths, predators who threaten the safety of our neighborhoods and our children, or thieves who cheat the health care system, investors or the government — incarceration is the appropriate punishment.

But prison is usually not meant to last forever. More than 95 percent of federal prisoners will be released after serving their sentences. Altogether, 700,000 federal and state prisoners are released every year, along with millions more who stream through local jails.

Most return to their communities, trying to put their lives back together and avoid the pitfalls that got them in trouble. Bearing the stain of their convictions, they compete for jobs, look for housing and seek educational opportunities.

A staggering number don’t succeed. Nationally, two-thirds of people released from state prisons are arrested again; half of those will end up back inside. Forty percent of federal prisoners return to jail in the first three years.

This level of recidivism is unacceptable. Offenders, their families and their communities are devastated by it. Public safety suffers for it. And with more than $74 billion spent annually on federal, state and local corrections, we can’t afford it.

Prison alone isn’t enough. Any smart law enforcement model prevents crime by supporting ex-offenders. That is why my U.S. Attorney’s Office — along with federal judges, the federal public defender, and the U.S. Probation Office — began the “ReNew” program, a federal re-entry court in Newark. Those leaving federal prison at serious risk of reoffending are invited to participate.

They are closely supervised, meeting biweekly with federal Magistrate Judge Madeline Cox Arleo, our office, and the federal defenders, and more regularly with probation officers. And they are supported in obtaining housing, jobs, education, counseling and legal assistance. My office provides services to the team and participants and supervises research into the program’s efficacy.

This week, the judge will preside over the first graduation ceremony for those who have successfully completed 52 weeks in the program. It is a hugely inspiring milestone for everyone involved, but especially for the graduates reimagining their lives despite great adversity….

Recently, my office launched the New Jersey Re-entry Council, a partnership with acting New Jersey Attorney General John Hoffman, other federal and state agencies, and NGO community members to share resources and ideas.

But there is one more partner we need: you. Finding a job after release is the most important key to success. In a recovering economy, securing a job after prison can be especially difficult. If you have a company that can train or hire our participants, or if you have access to housing, we need to hear from you….

One of every 100 adults in the United States is behind bars. Most will come home. They will have paid their debt and need a chance to support themselves, their families and their communities. We can look at ex-offenders returning to our communities as a risk, or we can help give them that chance. The potential rewards for their lives, for the economy and for our safety are incalculable.

  1. The Sentencing Commission is using a phased and delayed approach to actually releasing inmates early from federal prison []

Obama Clemency Plans for Hundreds of Drug Offenders

The title of this post comes from this Yahoo News article today. A new plan for Obama clemency policy is going to be official. Below is how the article gets started:

 

Barbara Scrivner’s long quest for mercy tests a president’s will — and her own faith

DUBLIN, Calif—Scrawled on the inside of Barbara Scrivner’s left arm is a primitive prison tattoo that says “Time Flies.”

If only that were the case.

For Scrivner, time has crawled, it’s dawdled, and on bad days, it’s felt like it’s stood completely still. She was 27 years old when she started serving a 30-year sentence in federal prison for selling a few ounces of methamphetamine. Now, 20 years later, she feels like she’s still living in the early ’90s—she’s never seen or touched a cellphone, she still listens to her favorite band, the Scorpions, and she carefully coats her eyelids in electric blue eye shadow in the morning.

It’s out there, outside of prison, where time flies.

On a sunny afternoon at a federal prison outside San Francisco last month, Scrivner nervously clutched a manila envelope full of photos of herself and her daughter that she keeps in her cell. As she displays the pictures, Scrivner’s daughter Alannah, who was just 2 years old when her mom was put away, changes from a redheaded, freckled young kid to a sullen teen to a struggling young mom. Scrivner changes in the photos, too. At first she’s a plump-cheeked beauty with chestnut-brown hair, then she’s a bleached-blonde woman in her early 30s, before becoming increasingly gaunt as the years grind on.

Today, she most resembles a 40-something high school volleyball coach, in her grey sweatshirt and neatly brushed-out dark bangs. But instead of a whistle around her neck, Barbara wears a large silver crucifix — though she describes her relationship with God as “complicated.”

“I believe in God,” Scrivner says. “I’m really mad with him.”

Her faith has helped her to try to make sense of what feels like an arbitrarily, even cruelly long sentence for her minor role helping her drug dealer husband. But 20 years behind bars has also tested that faith, and even caused her to question whether her life has any meaning or is worth living.

Read the rest of this great article.

Prosecutorial Misconduct

Today we have a couple of stories from around the country that will interest those searching for some sanity in American criminal justice.

To start, we have a story from the Federal Criminal Appeals Blog. It turns out that the government believes riding in a car with drugs, even if a defendant had no idea drugs were present, is still a crime worth many years in federal prison. The story goes like this: a construction worker (Mr. Tavera) was riding to Tennessee to do a roofing job.

Prosecutor Hides Evidence of Innocence

Tavera’s driver had lots of construction equipment in the back of the truck, including a bucket of nails and a large quantity of methamphetamine below those nails.

The US Attorney for the case was told by the truck driver that Tavera had no idea the Meth was there, but forgot to mention that at Tavera’s trial which ended up netting him over 15 years in prison.

From the story:

AUSA Taylor never told Mr. Tavera’s lawyer that Mr. Mendoza said Mr. Tavera isn’t guilty.

And, as a result, the jury never heard that the only other guy in the car told the prosecutor that Mr. Tavera didn’t know about the drugs.

As the Sixth Circuit said, “Mendoza’s statements to Taylor were plainly exculpatory.”

The Supreme Court has said that the government has to hand over all information that is exculpatory and that if it fails to do that, the prosecution is fundamentally unfair.

Yet, despite that the law is crystal clear on this, the Sixth Circuit notes that “nondisclosure of Brady1 material is still a perennial problem, as multiple scholarly accounts attest.”

The prosecutor, as the Sixth Circuit explained, figured it was Tavera’s fault for not doing a good enough job on defense. However, US Supreme Court history is very explicit that it is the prosecutors job to be forthcoming with any such evidence to ensure a fair trial.

With the deck already stacked so squarely in favor of the prosecution in federal cases, do they really need to act this poorly? The Sixth Circuit decided that this was so clearly unfair, that it ordered a new trial.

How long will this new trial even last with this evidence on the record for a jury to see? My guess: not long.

  1. Any evidence of innocence possessed by the prosecution, known as exculpatory evidence, is required to be turned over to the defense before trial. Brady material refers to evidence of innocence, from Brady v. Maryland, 373 U.S. 83 (1963) []

Kebodeaux Discussion Preview on SCOTUSblog

A week before the arguments are heard by the United States Supreme Court, the folks at SCOTUSblog have this commentary on the case, and what it all means. Below are some notable excerpts of the article.

This is a narrow case. It involves a defendant who represents a relatively small and, with time, diminishing class of individuals (those with sex-offender convictions pre-SORNA). It involves a defendant who is subject to SORNA by virtue of his military conviction, and not his interstate travel. And it involves a challenge to SORNA’s penalty provision, and not its other provisions (including its registration provision, although it may be hard to separate the two here).

Moreover, the Fifth Circuit ruling is by its own terms quite narrow, striking SORNA only as it applies in these “specific and limited facts.” The government sought review on, and the parties argue, even narrower questions. And both parties offer potential ways for the Court to dodge the core constitutional question. The government argues that the Court could simply correct the Fifth Circuit’s erroneous premise that Kebodeaux was not under a continuing federal registration obligation pre-SORNA and remand for further proceedings. Kebodeaux, for his part, argues that his failure to register occurred before SORNA applied to him, and therefore that he could not be validly convicted for failing to register under SORNA. (He says that the Attorney General had not yet issued valid regulations specifying that SORNA applied to pre-SORNA offenders when he failed to register.)

In short, this is no broadside challenge to congressional authority to require sex-offender registration. Instead, it is a very narrow case. And we can expect the Court to address it that way.

Still, bigger issues are likely to emerge in the arguments. Thus, look for the Court to press the government for limits on congressional authority, and to ask the government about federal intrusion into areas of traditional state concern. In other words, some on the Court are likely to worry about whether the government’s theories lead to an expansive federal power that can encroach too far on the states.

On the other hand, look for the Court to ask Kebodeaux about the sweep of federal power under Comstock, especially when Kebodeaux came under federal authority because of his military service, and not because of his interstate travels. Look for the Court also to test Kebodeaux’s theory of federal control pre-SORNA, given the full sex-offender registration scheme under the Wetterling Act (including the federal penalty for failure to register, and also including the federal financial incentives for states to create their own registrations and other features of the Act). The Court could see SORNA’s application to Kebodeaux as only a modest additional exercise of federal authority, given these considerations.

Huge Win for Inmates in Dorsey/Hill Decisions

Fair Sentencing Act of 2010

Crack Cocaine Pipeline Cases Decided by SCOTUS

Its a big day at the United States Supreme Court. Inmates have been waiting for nearly two years for the high court to decide on a Circuit Court split that meant decades in longer sentences for crack cocaine “Pipeline” cases.

Read our prior post on the Hill case and “Pipeline” cases.

The Supreme Court handed down an extremely divided decision today in a 5-4 ruling for the defendants. Below is a quick recap of the issues.

The Fair Sentencing Act of 2010: This law, passed by Congress, lowered the penalties on crack cocaine offenses to be close to those of powder cocaine sentences.

Pending Cases: Defendants whose cases which started before the Fair Sentencing Act of 2010 took effect1, but were sentenced afterwards were sometimes given the new, lower sentences. Some, however, got the older and longer sentences. These cases were in the pipeline when the law took effect.

Most Circuit Courts who decided this issue granted the lower sentences to the Appellants.2 The Seventh (surprise, surprise) and Sixth Circuit3 went the other direction and decided that the older (and “unfair”) sentences were appropriate.

What Happens Now

At this point, all inmates who were charged with crack cocaine offenses before August of 2010, but sentenced afterward need to take a close look at their sentences. If sentenced under old rules, they could be eligible for years in sentence reductions with a simple 3582 motion.

Let Us Help You!

Call us at (480) 382-9287 for a free consultation to find out how we can help you and your incarcerated loved one get sentences reduced.

For more ways to contact us, visit our contact us page for contact form and e-mail addresses.

Learn about us and how our services work on our about page.

  1. August of 2010 []
  2. See the Third and First Circuit cases []
  3. United States v. Carradine, ___ F.3d ___, No. 08-3220, 2010 WL 3619799, at *4-*5 (6th Cir. Sept. 20, 2010 []

Good Advise for those Entering Federal Prison

In an article posted Thursday by former Missouri state senator Jeff Smith, a set of tips for entering federal prison were laid out.

The article was written to former Illinois Governor Rod Blagojavich on his impending report to federal prison. These tips are seem very remedial to those that have been inside federal prison, they don’t really need saying. However, for those who have never experienced it themselves, the tips are spot-on.

Below are excerpts from the original article from the Chicago Tribune.

After spending a year in federal prison on an obstruction of justice charge stemming from a 2004 congressional campaign violation, I have a few tips for former Illinois Gov. Rod Blagojevich as he heads for prison.

1. As your grandma probably taught you, God gave you two ears, two eyes and one mouth — use them in proportion.

• When you get to prison, listen, watch and learn. You’ll have a hundred questions on your first day and in one month you will know the answer to 90 of them without having to ask and risk looking stupid.

• Don’t ever ask anybody about their crime. If they want to tell you what they did, fine. But you won’t know if they’re telling the truth. And if you ask and strike a nerve with someone, the result may not be pretty.

• Don’t talk about how you got railroaded. So did everyone else.

• Don’t ask anything about anyone’s family; it will be a sore subject with many, especially those who have not seen or heard from their children or ex-wives in years.

• Don’t ever talk about how much time you have. Someone else has more.

2. Embrace your background, but don’t try to be a politician.

• The prison guards and administration will probably resent your presence, as it will mean added scrutiny on prison operations. Your charm will not work on them, so don’t try it. Instead, be as deferential as possible and try to blend in.

• You will have a nickname. It will probably be “Governor.” Accept that, but do so with deep humility.

• As a politician you were known for your gregariousness. But prison isn’t the Loop; not everyone wants to shake your hand. In fact, because of a collective obsession with hygiene and a fear of illness, no one in prison shakes hands — they bump fists. That doesn’t mean you should stroll down the compound fist-bumping dudes on your first day. As a hoops announcer might advise a star player in a big game, don’t press too hard; let the game come to you.

3. Get in the best shape of your life.

• Unlike most people, you are coming to prison in great shape. But you can always be in better shape. Set personal goals — maybe you want to run a marathon in prison; maybe you want to bench press 300 pounds. Working out every day will help pass the time, keep your endorphins pumping and keep you in a better frame of mind.

• Use your knowledge of running to help others lose weight. Inmates can control almost nothing, and since their body is one of the few things they can change, most work assiduously to improve themselves. Going running with others and helping them get in shape may be an effective way to build alliances.

• Play sports, but if your taste runs to contact sports such as basketball, be careful. Some people who have it out for you may exploit the opportunity to try to hurt you on the athletic field and not get in trouble for it.

4. Correspond with anyone who writes you.

5. Forgive your enemies.

6. Don’t complain about how bad your prison job is, and don’t brag about how good it is.

• Try to get a job working in the rec center or as a warehouse clerk, two of the most pleasant jobs in prison. But if you don’t get one, don’t complain about it. Just as is the case in any other environment, no one likes complainers. But in prison, people really don’t like them, because it’s a given that everyone is miserable.

7. Learn something new.

• Read all the books you wanted to read, but never had time. Then read all the ones you should have read, but didn’t want to.

• When the novelty wears off and the people who approach you are doing more than rubbernecking, don’t discount the possibility of making lifelong friends. You will meet some of the most fascinating people you have ever met, from all walks of life. Listen to their stories, and learn from them.

8. Use your unique knowledge and skills to help other inmates.

• Use your legal background to help prisoners who are bringing appeals pro se (representing themselves), but do so quietly so that you aren’t swamped with requests.

9. Don’t snitch, under any circumstances.

• The only people in prison who have it harder than child molesters are snitches. You need to learn how to see things (weapons, illegal drugs, people making hooch, pornography, etc) without seeing them; that is, learn to look away before anyone has seen you see the contraband.

• Stay away from snitches, and in general, watch the company you keep: in prison, you are your car (car = the people you “ride” with).

• If you committed other crimes for which you were not prosecuted, or are plotting any, don’t discuss them. As I’m sure you are now aware, you never know who’s listening.

• Don’t be seen talking to the Cos (correctional officers). Just like you could be cordial to Republicans but not be best friends with them without arousing suspicion among Democrats, you cannot be “friends” with the guards. Sure, there may be gangs and racial/ethnic division among prisoners. But there are really only two teams: inmates versus the prison. When guards try to get you to regale them with stories, resist the impulse to be on stage again. Do not forget this rule.

10. Don’t break prison rules.

• This may seem contradictory. The last rule suggested that you should tolerate prison rule-breaking — and you should. But try not to violate rules yourself.

• Don’t gamble. If you lose, you’ll be in debt and you do not want to be compromised like that. If you win, someone is likely to be very angry and may figure out a way to get his money back — a way that might leave you unrecognizable.

• Don’t “hold” anything someone asks you to hold, even if it looks innocuous; it’s probably got contraband inside of it.

• If you need a hustle to survive (i.e., stealing and selling food from the kitchen, washing and ironing others’ clothes), try not to encroach on someone else’s hustle. Presumably, others will need the stamps (money) more than you. Competition can be fierce.

11. Don’t look for trouble.

• Don’t change the TV channel, especially if women’s track is on, or “Ice Loves Coco.” There is an inscrutable yet stringent seniority-based regime when it comes to TV watching, and your celebrity does not entitle you to alter it in any way.

• Don’t stare.

• There is generally no reason to make eye contact with people unless they say your name.

12 Don’t eat the Snickers.

• You’ll go through orientation. You will be shown a mandatory sexual assault prevention video featuring a guy warning you not to eat the Snickers bar that may be waiting for you on your bed in your cell. (The actor ate the one left under his pillow, unwittingly signaling the predator who left it for him that he was ready and willing.) All the guys watching the video will laugh. But take the video’s message to heart: Don’t accept sweets from anyone.

Good luck, Governor. One day at a time.

Although these tips may not be most applicable with higher security prisons (the writer was a very low security level), the advice still resonates and can be applied with reasonable liberalness.

Supreme Court Says “No” to GPS Tracking Without Warrant

United States v. Jones

The United States Supreme Court decided an important case last week concerning Fourth Amendment rights and police GPS tracking without warrant using devices placed on suspected criminal’s vehicles. The Obama administration pressed for a ruling which allowed law enforcement the right to use such tactics without a warrant to aid drug and terrorist investigations.

The Supreme Court, however, disagreed. The ability to use these tactics without a warrant may seem like a good idea in well-intentioned investigations against “bad guys.” However, the ever-increasing technology that pervades society today makes a such a power a very fearful potential abuse of authority.

In the constant battle against “Big Brother”, the decision in United States v. Jones is a big win for privacy rights of United States citizens.

Analysis

An excerpt from the SCOTUS Blog analysis:

Opinion recap: Tight limit on police GPS use
by Lyle Denniston

“Amid a disagreement about what a privacy invasion meant in 1791, but with a strong embrace of privacy in the electronic age, the Supreme Court on Monday suggested that police probably should get a warrant before they physically attach an electronic monitor — like a GPS — to a car or truck, while leaving some doubt about how long such a device may be used, and about what kinds of suspected crimes allow its use. In effect, the Court seemed to have launched years of new lawsuits to sort it all out. The choice Monday was between a minimalist approach, one in the middle, and an expansive view of Fourth Amendment privacy. Each had support among the Justices, but counting the votes was a bit tricky.

“The Court flatly rejected the government’s argument that it was simply not a search, in the constitutional sense, to physically — and secretly — attach a small GPS tracker on the underside of the car used by a man, Antoine Jones, who was a principal target of an investigation into a drug-running operation in Washington, D.C., and its suburbs. The device was installed without a warrant (one had been issued, but it ran out before it was put on the Jeep Cherokee and, in any event, it was limited to Washington, and the device was installed in Maryland). And, once installed (and serviced when the batteries ran down), it remained on the Jeep around the clock for 28 days. The 2,000-page log of where Jones had driven the Jeep was used to convict him of a drug-trafficking conspiracy, leading to a life prison sentence and an order to forfeit $1 million in illegal drug proceeds. One place where the device showed Jones had visited was a “stash house” where $850,000 in cash, 97 kilograms of cocaine, and 1 kilogram of crack cocaine turned up.”

 

Nearly 4,000 Federal Inmates Have Received Crack Cocaine Sentence Reductions

Status Update: Crack Sentence Reductions

In this new article from The Commercial Appeal, the story of one of the many federal inmates getting their crack cocaine sentences reductions is laid out. According to a spokesman for the federal Bureau of Prisons (BOP), over 3,700 inmates have already had their sentences reduced. An excerpt from the article:

Orreco Lyons received an early Christmas present last month when a federal judge in Tennessee reduced his crack-cocaine trafficking sentence from 71/2 years to just over six years, says the Memphis Commercial Appeal. Lyons, 31, is one of thousands of federal prisoners who are benefiting from a retroactive change in federal sentencing laws that aims to narrow the disparity of punishments for crack-cocaine offenders versus those sentenced for powder cocaine.

Reductions, which can range from a few months to a few years, depend on a number of factors, such as whether an inmate has a prior criminal record, whether other crimes also were committed and whether a weapon was involved. Federal Public Defender Steve Shankman of Memphis is reviewing more than 200 cases. He believes that up to 80 percent “will receive some relief.” With the retroactive change going into effect last Nov. 1, 1,480 inmates were immediately released and 2,256 others had sentence reductions but still had time to serve before being released, said Ed Ross, spokesman for the U.S. Bureau of Prisons.

60% of Estimated Sentences Still Need Reductions

The United States Sentencing Commission, when considering making the reduced sentences retroactive, estimated that over 12,000 inmates were potentially eligible for a sentence reduction.

That means that about 8,000 federal inmates are still waiting to have their sentences reduced. These reductions don’t happen automatically, however. To find out how this process is done, give PCR Consultants a call for a free Crack Cocaine Sentence Reduction Consultation.

Let Us Help You!

Call us at (480) 382-9287 and get a free consultation to find out more information about how we can help reduce or terminate federal probation or supervised release terms.

For more ways to contact us, visit our contact us page for contact form and e-mail addresses.

Learn about us and how our services work on our about page. You can learn more about these crack cocaine sentence reductions on our main page on this issue.