In his most recent round of clemency, President Barack Obama has reduced the sentences of 61 federal prisoners, allowing most to be freed within months.

The White House described those who won commuted sentences as mostly “low-level” drug offenders: 12 had been convicted of firearm crimes, eight of drug trafficking, and six of conspiracy or intent to distribute at least 5 kilograms (about 11 pounds) of cocaine.

“The commutation process reflects the authority that’s vested in the executive branch, vested in the office of the presidency, and represents a case-by-case review of people who have come forward seeking clemency,” White House press secretary Josh Earnest said in the announcement March 30.

A presidential pardon expunges a felony conviction, ending limits on civic participation such as restrictions on the right to vote. Someone who receives a commutation still has felony convictions on his or her record. During his presidency, Obama has pardoned 70 people.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The 61 inmates who won commuted sentences were “serving years in prison under outdated and unduly harsh sentencing laws,” Neil Eggleston, White House counsel to the president, wrote in a White House blog post.

Over his two terms, Obama so far has commuted the sentences of 248 federal inmates, more than the past seven presidents combined.

Of last week’s 61 recipients of clemency, more than a third were serving life sentences.

“The pardon clause in the Constitution empowers the president to grant clemency,” Paul Larkin, a senior legal research fellow at The Heritage Foundation, told The Daily Signal. “Part of that authority is the ability to reduce a sentence imposed by a court, even if the sentence was required by an act of Congress.” Larkin added:

The federal drug laws require that stiff, mandatory minimum sentences be imposed in some cases. Congress reduced those penalties for the sale of crack cocaine on a prospective basis starting back in 2010, but Congress declined to make that revision retroactive.

What President Obama is trying to do now is decide whether he should grant clemency to individual prisoners in order to reduce their sentences.

A dozen of those who received clemency in this round had a firearm conviction along with a drug offense, according to the White House.

Jerome Harris Jr., 40, sentenced to 25 years in federal prison in 2006, had been indicted by a federal grand jury on charges of “intent to distribute crack and powder cocaine” and “knowingly using, carrying, and possessing firearms during and in relation to a drug trafficking crime.” There were six firearms involved.

Although Obama continues to stress the need to limit gun sales and combat “gun violence,” Earnest chose not to answer a reporter’s question about clemency recipients’ gun possession charges in connection with their crimes.

“What’s important about these cases is many of them are low-level drug offenders and many of them, had they been sentenced under the rules that are in place today, would have already served out their sentence,” Earnest said at the White House press briefing. “And that’s what made them particularly strong candidates to receive this kind of clemency from the commander-in-chief.”

In Mobile, Ala., Harris previously was convicted in a state court for possession of cocaine and marijuana “in addition to charges of receiving stolen property, robbery, assault, and carrying a pistol without a permit.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From the beginning of the fiscal year, beginning Oct. 1, 2015, lawyers for inmates sent the Department of Justice 1,715 petitions for the commutation of sentences; another 9,115 petitions were pending.

The process to get clemency is rigorous. According to the Department of Justice, clemency applications for inmates who meet all of the following criteria are prioritized:

• Currently serving a federal sentence and likely would get a substantially shorter sentence if convicted of the same offenses today.
• Convicted of nonviolent, low-level offenses and without significant ties to large-scale criminal organizations, gangs, or cartels.
• Served at least 10 years of a prison sentence.
• Do not have a significant criminal history.
• Demonstrated good conduct in prison.
• Had no history of violence prior to or during the current prison term.

The White House said eight of those whose sentences were commuted had been convicted of drug trafficking.

“They’re Americans who’d been serving time on the kind of outdated sentences that are clogging up our jails and burning through our tax dollars,” Obama wrote on Facebook. “Simply put, their punishments didn’t fit the crime.” The president added:

I believe America is a nation of second chances, and with hard work, responsibility, and better choices, people can change their lives and contribute to our society.

Carmel Bretous, 48, was convicted after being charged in 2001 in Miami, Fla., for trying to smuggle 110 pounds of cocaine, valued at $1 million, into the United States.

Bretous was convicted of importing, possessing, and intending to distribute at least 5 grams of cocaine, the White House said.

She was sentenced to 235 months of imprisonment and five years of supervised release. Her sentence now expires on July 28, like the majority of the others granted clemency last week.

Melissa Ross, 44, was convicted on charges of cocaine distribution involving “5 kilograms or more of cocaine hydrochloride and 50 grams or more of cocaine base.”

Prosecutors said Ross was part of a $54 million cocaine ring and the right-hand assistant to her boyfriend, the mastermind.

In 1999, a Georgia court convicted Willie Chevell Cameron, now 41, of obstructing or hindering a law enforcement officer. Prosecutors accused Cameron of “running from and fighting with” an investigator, Earl Grizzard of the Troup County Sheriff’s Office.

Cameron also was convicted on two counts of cocaine distribution. The incident was separate from federal charges for distribution of cocaine and methamphetamine in Florida in 2006, for which he received a life sentence upon conviction.

“The Constitution gives presidents the power to grant mercy, and these commutations show that President Obama takes second chances seriously,” Mary Price, general counsel for Families Against Mandatory Minimums, who directs the organization’s clemency project, said in a formal statement.

The group representing families of inmates reported as follows on four others who won clemency:

Ismael Rosa. Ismael Rosa was a salsa musician struggling with cocaine addiction when he became involved in a drug conspiracy. He was only involved for six days, but in 1994, he was given a mandatory life sentence in federal prison because of two minor priors related to his addiction. Rosa served more than 20 years in prison, and has watched as every single person above him in the conspiracy, including its leader, has been released from prison.

Kenneth Harvey. In 1990, Kenneth Harvey was sentenced to life in prison as a result of his conviction for possessing 50 grams or more of crack cocaine. Because of Harvey’s two prior drug convictions, his judge [had] no choice but to impose a life sentence, but he took the unusual step of recommending that Harvey’s sentence be commuted after 15 years.

Carol Denise Richardson. Carol Richardson was 38 years old when, in 2006, she was sentenced to life in prison for her role in a crack conspiracy. Her sentence was enhanced due to minor drug priors. The Texas native has been separated from her four daughters for more than 10 years.

Jesse Webster. In 1996, Jesse Webster was sentenced to life in prison for his role in a cocaine conspiracy, his first and only drug offense. At the time, Webster’s sentencing judge, James B. Zagel, said the life term he was forced to impose was ‘too high.’ The Chicago native has been incarcerated for more than 20 years.

A list of all 61 of those granted clemency by Obama may be found here.

 

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