Obama Commutes Sentences for 8 in Crack Cocaine Cases

WASHINGTON — President Obama, expanding his push to curtail severe penalties for drug offenses, on Thursday commuted the sentences of eight federal inmates who were convicted of crack cocaine offenses. Each inmate has been imprisoned for at least 15 years, and six were sentenced to life in prison.

It was the first time retroactive relief was provided to a group of inmates who most likely would have received significantly shorter terms if they had been sentenced under current drug laws, sentencing rules and charging policies.

Most of the eight will be released in 120 days.

In a statement, Mr. Obama said that each of the eight men and women had been sentenced under what is now recognized as an “unfair system,” including under a 100-to-1 sentencing disparity between crack and powder cocaine offenses that was significantly reduced by the Fair Sentencing Act of 2011.

“If they had been sentenced under the current law, many of them would have already served their time and paid their debt to society,” Mr. Obama said. “Instead, because of a disparity in the law that is now recognized as unjust, they remain in prison, separated from their families and their communities, at a cost of millions of taxpayer dollars each year.”

The recipients include several high-profile inmates who have received news media attention as examples of the effects of earlier tough-on-crime drug sentencing policies, in which the quantities of crack involved sometimes resulted in severe punishments. Many of them were young at the time of their offense and were not accused of violence.

Clarence Aaron of Mobile, Ala., for example, was sentenced to three life terms in prison for his role in a 1993 drug deal, when he was 22. Mr. Aaron’s case has been taken up by congressional critics of draconian sentencing and by civil rights groups, and has received significant media attention. Last year, the Justice Department’s inspector general issued a report criticizing the department’s pardon office for mishandling his clemency petition.

Margaret Love, a former Justice Department pardon lawyer who represents Mr. Aaron, said she received a call informing her of the decision on Thursday morning and called her client, who along with his family was “very grateful.”

“He was absolutely overcome,” she said. “Actually, I was, too. He was in tears. This has been a long haul for him, 20 years. He just was speechless, and it’s very exciting.”

Mr. Obama, who has made relatively little use of his constitutional clemency powers to forgive offenses or reduce sentences, is also expected to pardon 13 people who completed their sentences long ago. Those cases involved mostly minor offenses that resulted in little or no prison time, in line with previous pardons he has issued.

But the eight commutations opened a major new front in the administration’s criminal justice policy intended to curb soaring taxpayer spending on prisons and to help correct what the administration has portrayed as unfairness in the justice system.

Recipients also include Reynolds Wintersmith, of Rockford, Ill., who was sentenced in 1994 to life in prison for dealing crack when he was 17, and Stephanie George of Pensacola, Fla., who received a life sentence in 1997, when she was 27, for hiding a boyfriend’s stash of crack in a box in her house. In both cases, the sentencing judges criticized the mandatory sentences they were required to impose by federal law at the time, calling them unjust.

In December 2012, The New York Times published an article about Ms. George’s case and the larger rethinking of the social and economic costs of long prison terms for nonviolent offenders. Mr. Obama mentioned the article in an interview with Time magazine later that day and said he was considering asking officials about ways to do things “smarter.”

Around that time, a senior White House official said, Mr. Obama directed Kathryn Ruemmler, his White House counsel, to ask the Justice Department to examine pending clemency petitions to assess whether there were any in which current inmates serving long sentences would have benefited from subsequent changes to sentencing laws and policy.

The deputy attorney general, James M. Cole, returned the eight cases with positive recommendations from the department about six weeks ago, the official said.

The possibility of retroactively reducing sentences for nonviolent offenders who were sentenced under the old system comes against the backdrop of a growing pendulum swing against draconian mandatory minimum sentences that led to an 800 percent increase in the number of prisoners in the United States. With 5 percent of the world’s population, the United States has about 25 percent of its inmates.

Amid crime rates that have plunged to the lowest levels in four decades and soaring costs to taxpayers to incarcerate large numbers of nonviolent offenders, a sentencing reform movement — led by states including the conservative-leaning Texas and South Carolina — has gained momentum and is now reaching the federal level. In the federal system, the need to house the swelling ranks of prisoners — at a cost of about $26,000 each a year, according to government figures — is consuming an ever-larger amount of the Justice Department’s budget. In 2000, taxpayers spent $4.2 billion on federal prisons, or 27 percent of the department’s budget. This year, that has swollen to $7.9 billion. By 2020, a recent analysis showed, it is projected to be $10.1 billion and 40 percent of the budget.

In addition to the reduction in mandatory minimum sentences for crack offenses established by the Fair Sentencing Act, Attorney General Eric H. Holder Jr. in August instructed prosecutors to omit listing quantities of illicit substances in indictments for low-level drug offenses in order to avoid setting off strict mandatory minimum sentences. He also ordered prosecutors to recharge pending cases to bring them in line with that policy.

But the moves left unanswered what, if anything, to do about federal inmates whose cases were already completed and who are serving long sentences under the older system of mandatory minimum sentences. The harsh sentencing laws were imposed amid a wave of crack-related violence and fear of crime a generation ago.

Legislation pending in Congress, including a bill co-sponsored by Senators Richard J. Durbin, Democrat of Illinois, and Mike Lee, Republican of Utah, would make the Fair Sentencing Act retroactive for some offenders, and it would build into the system a process for inmates to apply to a judge for case-by-case review of whether a reduced sentence would be appropriate.

The Obama administration supports that bill, the White House said, as a more orderly and regular way to ensure individualized analysis in addressing the broader inmate population.

According to the group Families Against Mandatory Minimums, about 8,800 federal inmates sentenced for crack offenses before the Fair Sentencing Act would be eligible to apply for a reduced sentence were the bill to become law.

“Commuting the sentences of these eight Americans is an important step toward restoring fundamental ideals of justice and fairness,” Mr. Obama said. “But it must not be the last. In the new year, lawmakers should act on the kinds of bipartisan sentencing reform measures already working their way through Congress. Together, we must ensure that our taxpayer dollars are spent wisely, and that our justice system keeps its basic promise of equal treatment for all.”

The other recipients of commutations were Ezell Gilbert of Tampa, Fla., who was sentenced to more than 24 years in 1997; Helen Alexander Gray of Ty Ty, Ga., sentenced to 20 years in 1996; Jason Hernandez of McKinney, Tex., who was sentenced to life in 1998; Ricky Eugene Patterson of Fort Pierce, Fla., who was sentenced to life in 1995; and Billy Ray Wheelock of Belton, Tex., who was sentenced to life in 1993.

Most will be released in 120 days to give the Bureau of Prisons and the inmate time to plan for the release. Mr. Gilbert will be released immediately because he was recently out of prison for a time, without problems, during an appeal. Mr. Hernandez’s sentence was reduced to 20 years, so he will be released in 2018. 

source: google