Thread: Obama commutes sentences for 214 federal prisoners

Obama commutes sentences for 214 federal prisoners

Published August 03, 2016 Associated Press

(AP Photo/Jacquelyn Martin, File)


President Barack Obama on Wednesday cut short the sentences of 214 federal inmates, including 67 life sentences, in what the White House called the largest batch of commutations on a single day in more than a century.

Almost all the prisoners were serving time for nonviolent drug crimes, reflecting Obama's long-stated view that the U.S. needs to remedy the consequences of decades of sentencing requirements that put tens of thousands of Americans behind bars for far too long. Obama has pushed for a broader fix to criminal justice laws and has used the aggressive pace of his commutations in an effort to pressure Congress and call more attention to the issue.

All told, Obama has commuted 562 sentences during his presidency -- more than the past nine presidents combined, the White House said. Almost 200 of those who have benefited were serving life sentences.

"All of the individuals receiving commutation today -- incarcerated under outdated and unduly harsh sentencing laws -- embody the president's belief that `America is a nation of second chances,"' White House counsel Neil Eggleston wrote in a blog post.

Eggleston said Obama examines each clemency application on its specific merits to identify the appropriate relief, including whether the prisoner would be helped by additional drug treatment, educational programming or counseling. He called on Congress to finally pass a criminal justice overhaul to bring about "lasting change to the federal system."

Most of those receiving commutations Wednesday will be released December 1.

http://www.foxnews.com/politics/2016...prisoners.html

Obama commutes sentences of 214 inmates

Types of Crimes that Warrant Life Imprisonment

Life sentences are extremely severe penalties and are reserved for individuals who are responsible for the most heinous crimes. A life sentence will not be imposed lightly and it is usually reserved for offenders who are responsible for inflicting a great deal of harm or for perpetrators who are considered to be dangerous.

Many people argue that life sentences should be the penalty in capital cases instead of the death penalty. Numerous states agree with this ideology and have abolished the death penalty in favor of life sentences. Life sentences are utilized in order to inflict punishment upon a criminal and to keep the public safe from the threat that is posed by the convict.

A life sentence may be determined to be the appropriate penalty for a number of different crimes. These crimes are usually violent in nature, but in some cases non-violent crimes are punished by a sentence of life in prison.

Life sentences are generally reserved for individuals who are responsible for particularly harmful and severe criminal activity. Convicts who have been charged with the murder of another individual are commonly sentenced to life in prison. This may be the case for individuals who have taken part in aggravated murder or felony murder.

Aggravated murder occurs when the perpetrator carefully plots and plans their crime before the murder occurs. The offender not only possesses the intent to kill their victim, but the murder does not occur in the heat of an argument. The perpetrator had the time to consider all of the aspects of their crime, and despite the opportunity they had to contemplate the realities of the crime, the results of their behavior, and the consequences they would face as a result of their actions, the offender chose to commit a capital offense.

Many would argue that individuals who are deprived of the moral substance and discernment to recognize right from wrong are a danger to society and should receive a life sentence. In the case of felony murder, an offender kills another individual while in the process of carrying out a felony crime.

This often occurs in instances of aggravated robbery. The perpetrator may not intend to kill anyone before the criminal activity occurs. However, once the felony occurs, the offender may find themselves to be exceptionally brutal to their victims. They may be carrying a deadly weapon and in the course of the felony they may fire their weapon, severely wounding or killing a bystander. The offender will be charged with murder and will most likely receive a life sentence if they are not sentenced to capital punishment.

Sexual battery and rape are crimes that are punishable by life in prison in numerous states. High treason, especially during war time is often considered to be a crime that is punishable be a life sentence. If an individual is responsible for subjecting another person to extreme violence or brutality during kidnapping, human trafficking, or drug trafficking, they may be sentenced to life imprisonment. Often, drug lords and gang leaders are required to serve a life sentence.

Repeat criminals often have a life sentence imposed upon them. This is especially true if they are responsible for violent crimes. Offenders who take part in multiple instances of pedophilia or sexual assault may receive a life sentence.

http://criminal.laws.com/general-cri...e-imprisonment

Almost all the prisoners were serving time for nonviolent drug crimes,

I actually support releasing these prisoners. No one should be in prison for years or life sentences due to federal mandatory sentencing in the War on Drugs, when the crimes were nonviolent drug crimes. We need to end the War on Drugs and move to a legalized, regulated, taxed system and use a portion of the taxes only drug users pay to fund free rehab on demand without stigma. This solves so many problems that are draining us dry including much of the illegal immigration into the US which is funded by the drug cartels because the illegal aliens are working for them. They work by day as a cover and run drugs at night. That's where they get these piles and piles of cash and new vehicles no American could afford on these low wages they earn at their day job.

[PDF]Mandatory sentencing - Prison Policy Initiative

www.prisonpolicy.org/scans/famm/Primer.pdf
drug laws require automatic 15-years to life sentences for some first-time drug offenders. Efforts are underway ... —Leon Higginbotham, Judge, 3rd Circuit Court of Appeals.

It's outrageous that we have done this to these people. It's so wrong on so many levels. I'm glad at least some of them will be set free December 1. We need to change the laws, they are wrong, wrong, wrong.

BRENDA PEARSON
Date of birth: 1953 Michigan sentence: 50-200 years Offense: 10 counts of delivery of cocaine Prior convictions: None
Date of sentencing: 1995 Brenda Pearson and a friend were both heroin addicts.When the friend moved from New York City to Michigan, she had trouble finding personal supply and asked Brenda to send her heroin by mail. Over a year, Brenda bought small amounts of heroin on the street and sent them to her friend.Neither New York state nor federal law enforcement authorities chose to prosecute, concluding Brenda was not a true dealer but a user sharing drugs with a friend. A Michigan state prosecutor, however, extradited Brenda to Michigan and insisted she plead guilty to 10 separate counts of distribution.Michigan law requires each count to be served consecutively.The friend who turned Brenda in received 2-20 years.

JOHN REED
Date of birth: 1965 Indiana sentence: 30 years Offense: Cocaine conspiracy Prior convictions: None
Date of sentencing: 1991 John Reed became involved in an Indiana cocaine conspiracy. His job was to travel to Florida,pay for the cocaine, and sometimes deliver it to Indianapolis.While on a trip, one of the ring’s organizers sold cocaine to an undercover officer. The organizers not only implicated John but exaggerated his role in the offense. Because the organizers were arrested first, John had no defense against their accusations that he was one of them. John’s wife and father had accompanied him to Florida on his last trip, and prosecutors threatened them with 30-year sentences if John did not accept a plea bargain. His father had to serve one year of home detention and probation; his wife was placed on probation. One of the actual organizers received five years incarceration, the other five years probation.4. They encourage and reward those who inform on others. As the only way to lower a mandatory sentence, offenders are encouraged to trade information for freedom. Federal and state laws reward those willing to provide prosecutors with “substantial assistance” that divulges the names of persons involved in the crime and details about the crime. This system encourages offenders to lie about others in order to avoid lengthy sentences. Those with a minimal role usually have little or no information to offer and end up serving the mandated sentence.

ERIC MARSH
Date of birth: 1956 New York sentence: 15 years to life under the Rockefeller Drug Laws Offense: Cocaine salePrior convictions: None
Date of sentencing: 1992 Eric Marsh, a habitual cocaine user, was with his friends Donald and David, who were arrested while selling just over two ounces of cocaine to an undercover police officer. To avoid mandatory 15-year sentences, the “friends” plea bargained and agreed to help convict Eric, who they said was in on the deal. Though there was limited evidence against Eric,he was convicted and given a mandated 15-year sentence. In exchange for their testimonies against Eric, Donald received three years to life and David got lifetime probation.6 | FAMM primer on mandatory sentences.

http://www.prisonpolicy.org/scans/famm/Primer.pdf

It's outrageous. So wrong. Wrong, wrong, wrong. We must end the War on Drugs. I hope Trump will consider that during his term at least on the federal level. States I suppose have their own right to continue this disaster, but hopefully with federal law changed, the states would feel more free to do the right thing as well. Ruining these people lives like this is just so WRONG!!!!!

Obama Commutes 214 Criminal Sentences, Including Firearm Offenses

Katie Pavlich
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Posted: Aug 03, 2016 2:15 PM

The White House announced Wednesday President Obama has commuted 214 criminal sentences, the most of any day in history since 1900. Sixty-seven of the individuals who were granted clemency were serving life sentences. In total President Obama has granted clemency to 562 people, more than any other president in modern history.

"Today began like any other for 214 federal inmates across the country, but ultimately became a day I am confident they will never forget. This morning, these individuals received a message from the President: your application for clemency has been granted," Neil Eggleston is White House Counsel Neil Eggleston released on the White House website. "This news likely carries special weight to the 67 individuals serving life sentences – almost all for nonviolent drug crimes – who, up until today, could only imagine what it might be like to once again attend a loved one’s birthday party, walk their child to school, or simply go to the grocery store. All of the individuals receiving commutation today, incarcerated under outdated and unduly harsh sentencing laws, embody the President’s belief that 'America is a nation of second chances.'"

The White House is arguing these individuals were granted clemency for "non-violent" drug offenses, however it is important to point out a number of individuals were also serving time for violating federal firearms laws.

Earlier this year, President Obama granted clemency to 61 individuals. Twelve of them were serving time for the illegal use of a firearm during the commission of a drug trafficking crime.

Bernard Beard of Compton, Calif. Beard was convicted of conspiracy to distribute cocaine, cocaine base, heroin and phencyclidine. He also served a sentence for being a felon in possession of a firearm and ammunition.

Or how about Ian Kavanaugh Gavin of Eight Mile, Ala., who was serving federal time for using and carrying a firearm in furtherance of his possession of crack cocaine with intent to distribute?

Ernest Spiller of East St. Louis, Ill., was convicted of running a crack house in a local neighborhood, distributing crack cocaine on more than one occasion, and of possessing a firearm as a felon to carry out his drug trafficking crimes.

“As the only elected law enforcement officials in America, we are greatly concerned about the direct negative impact our President’s decision to commute the sentences of armed criminals,” the Major County Sheriff’s Association, which is made up of a elected sheriffs representing over 100 million Americans around the country, wrote in a statement about the president’s actions. “These individuals are not low level non-violent drug offenders as the Administration would have the public believe — they are violent criminals who are being released back into our neighborhoods.”

http://townhall.com/tipsheet/katiepa...ences-n2201571