Clemency and Pardon

Obama Pardons Three for Marijuana, Frees Crack Prisoner

by psmith, November 21, 2011, 08:47pm, (Issue #710)

The White House announced Monday that President Barack Obama had granted pardons to five people, including three whose offenses were marijuana-related, and commuted the sentence of a woman doing more than 20 years on a crack cocaine charge. As is the case with every administration, the White House provided no explanation for its choice of pardons.

The only recipient of presidential largesse who was still actually serving a prison sentence is Eugenia Marie Jennings of Alton, Illinois. She was almost halfway through a 22-year sentence for crack cocaine distribution when President Obama commuted her sentence. She will now be released in one month, but will still have to serve eight years of probation. Jennings's brother, Cedric Parker, testified before the House Judiciary Committee in 2009.

This is the third set of clemencies issued by President Obama. Each of the earlier sets also included at least one drug offender. So far, President Obama has pardoned or commuted the sentences of 23 people.

The number of clemencies issued by President Obama is small so far compared to other presidents. George W. Bush pardoned or commuted the sentences of 200 people, while Bill Clinton pardoned 459. Other presidents have also pardoned hundreds of people during the course of their terms.

The marijuana offenders pardoned Monday were:

Lesly Claywood Berry Jr. of Loreto, Kentucky, pardoned for 1988 convictions in federal court in Minnesota for conspiracy to manufacture, possess with intent to distribute, and distribute marijuana. He had done three years in federal prison.
A second Kentucky man, Ricky Dale Collett of Annville, pardoned for a 2002 conviction in federal court in his home state for aiding and abetting a 61 plant marijuana grow. He had done a year's probation and two months home detention.
Dennis George Bulin of Wesley Chapel, Florida, pardoned for a 1987 conviction in federal court in Alabama for conspiracy to possess with intent to distribute in excess of 1,000 pounds of marijuana. He had done five years probation and paid a $20,000 fine.

The other two pardons were of an Illinois man convicted of stolen property offenses and a Tennessee man with a federal gambling conviction.

Washington, DC

United States

See map: Google Maps

Pardons: The Power Nobody Wants

by borden, October 22, 2011, 03:19pm

http://www.newschool.edu/eventDetail.aspx?id=70413

*******************************************************

Pardons: The Power Nobody Wants

Wednesday, October 26, 2011

6 p.m. - 7:30 p.m.

The New School

John L. Tishman Auditorium

66 West 12 Street

New York City

The Hon. Dennis Jacobs, chief judge of the U.S. Court of Appeals for the Second Circuit, and a distinguished panel of experts explore the history and real-world application of the power of pardon at the state and federal level. Following opening remarks by New School president David E. Van Zandt, Judge Jacobs explains the history of the power, its role in correcting injustice in the application of criminal law, and the way the decline in its use reflects a missed opportunity, lack of imagination, and failure of courage.

Our panel then examines the critical historical, legal, economic, and ethical issues surrounding the pardon power and the implications of its greater or lesser use. Panelists include:

Moderator: Senator Bob Kerrey, President Emeritus, The New School.
Hon. Dennis Jacobs, Chief Judge, U.S. Court of Appeals for the Second Circuit.
Hon. Robert L. Ehrlich, Senior Counsel, King & Spalding; former Governor of Maryland; former Congressman (R-MD), U.S. House of Representatives.

· Julie Stewart, Attorney; President and Founder, Families Against Mandatory Minimums.

Margaret Colgate Love, Attorney; former Pardon Attorney, Office of the Pardon Attorney, U.S. Department of Justice.
Anthony Papa, Manager, Media Relations, Drug Policy Alliance; clemency recipient following imprisonment for first-time, nonviolent drug offense under New York’s draconian Rockefeller Drug Laws.

Data:

Wed, 10/26/2011 - 6:00pm - 7:30pm

Localização:

66 W. 12th St.

New York, NY

United States

See map: Google Maps

Obama Pardon/Clemency Record Even Stingier Than Bush's, Washington Post Notes

by borden, October 06, 2011, 09:57pm

Turkey pardons aren't enough, Mr. President.

The Washington Post has criticized President Obama for failing to use the presidential pardon and clemency powers during his first few years in office. Opines the Post:

Mr. Obama has thus far extended mercy to a mere 17 individuals, most of whom committed relatively minor offenses decades ago. Take, for example, the case of Ronald Lee Foster, who was an 18-year-old Marine in 1963 when he was sentenced to one year of probation and a $20 fine for mutilating US coins. It did not take an abundance of courage for Mr. Obama to pardon Mr. Foster. At this pace, Mr. Obama is likely to fall below the 189 pardons issued by George W. Bush -- the modern president with the worst track record in this area.

The Post editorial was prompted by an Office of the Inspector General audit that detailed a troublingly clogged up pardon process.

Who are some good candidates for clemency or pardon?

Mr. Obama need only look to the thousands of Americans -- many of them young, African American men -- incarcerated for inexcusably lengthy periods because of draconian crack cocaine laws. Mr. Obama joined with a bipartisan coalition in Congress to reduce the penalties and make them more proportional to the crime. Some inmates may benefit from a U.S. Sentencing Commission decision this summer that allows judges to resentence inmates under new guidelines reflecting the penalty reductions. But many nonviolent offenders worthy of relief will be out of luck because they were sentenced to mandatory minimum prison terms. This is exactly the kind of situation that cries out for presidential intervention.

The medical marijuana "left-behinds" are another good set of candidates, as I mentioned in a post earlier today.

To be fair, the pardon has suffered some blows to its reputation in recent times -- furors over the Mark Rich pardon by President Clinton and the Scooter Libby clemency by President Bush have not helped things. But Kemba Smith and Dorothy Gaines are only two examples of what good can be done, for individuals and society, when clemency is granted to deserving parties. Also to be fair, Obama did support the recent reforms made to crack sentencing, as the Post editorial notes. But it's too little, and too late for an increasing number of small-time offenders "incarcerated for inexcusably lengthy periods of time," as the Post put it, so long as inaction on criminal justice reform remains the norm by this Congress and administration.

Times is wasting -- lives are being unjustly wasted -- the president should take a step and a stand for justice. The annual

Thursday Press Teleconference: Clinton Commutation Beneficiaries Call on President Obama to Expedite Clemency for Crack Cocaine Prisoners (Press Advisory)

by dguard, December 15, 2010, 04:54pm

For Immediate Release: December 15, 2010

Contact: Nkechi Taifa (202-641-6605) or Tony Newman (646-335-5384)

THURSDAY PRESS TELECONFERENCE: Clinton Commutation Beneficiaries Call on President Obama to Expedite Clemency for Crack Cocaine Prisoners

Recent federal legislation reducing the 100-to-1 cocaine sentencing disparity will not benefitthose in prison

Advocates will fast and pray for justice on December 22, 10-year anniversary of Clinton crack cocaine commutations

WASHINGTON, DC—Advocates for presidential clemency will join together for a press teleconference on Thursday, December 16 to urge President Obama to expedite clemency for people serving excessive terms under the now-reformed federal crack cocaine sentencing laws. Participants will be commemorating the 10-year anniversary of President Clinton’s commutation of Kemba Smith and Dorothy Gaines, two women sent to federal prison for 24 and 19 years, respectively, for playing peripheral roles in their boyfriends’ drug operations. Joining the women on the press teleconference will be members of the Crack the Disparity Coalition, a broad coalition of civil rights, faith-based, drug policy, criminal justice reform advocacy groups, and formerly incarcerated people.

Recent changes under the Fair Sentencing Act, signed in August, reduce the sentencing disparity between crack cocaine and powder cocaine from 100-to-1 to 18-to-1 but do not provide relief to thousands of individuals who are already serving time for crack cocaine offenses. Prior to the law’s passage, an individual in possession of 5 grams of crack cocaine (roughly the amount of sugar in a couple of sugar packets) would be sentenced to a federal 5-year mandatory minimum sentence. It took 500 grams of powder cocaine to receive the same 5-year sentence.

The campaign has set up a site (http://www.ipetitions.com/petition/pres_obama-useyourpowertocorrectinjustice/) and a Facebook page, “Holiday Fast and Prayer for Justice,”(http://www.facebook.com/#!/event.php?eid=173873379301719) where others can commit to fasting and prayer and sign a petition to President Obama on behalf of those behind bars under the old crack cocaine sentencing structure.

WHAT: Press Teleconference to urge President Obama to expedite clemency

WHEN: Thursday, December 16, 1 p.m. ET

CALL IN #: 1-800-311-9402 Passcode: Fairness

WHO:

Kemba Smith Pradia was sentenced as a first time non-violent drug offender to 24.5 years in federal prison even though the prosecutor handling her case said she never handled, used or sold any of the drugs involved. Currently, she is a national public speaker, advocate and founder of the Kemba Smith Foundation.

Dorothy Gaines is a single mother of three who was convicted of minor involvement in her boyfriends’ small-scale crack distribution and served 6 years of a 19 ½ year sentence before she was granted commutation. She currently works with at-risk youth in Mobile, AL.

Hilary O. Shelton is the Director of the NAACP’s Washington Bureau and Senior Vice President for Advocacy and Policy. He played an integral role in the Civil Rights Act of 1991 and other policy measures affecting equality in our society.

Margaret Love was the former U.S. Pardon attorney under Presidents George H.W. Bush and Bill Clinton. She now represents people applying for executive clemency and advocates for sentencing and corrections reform.

Moderated by: Nkechi Taifa, the Senior Policy Analyst for the Open Society Foundations and Open Society Policy Center, focusing on issues of criminal justice and racial equality. She also convenes the Crack the Disparity Working Group of the Justice Roundtable, and has worked for over 17 years to eliminate the crack/powder disparity.

WikiLeaks: Karzai Pardoned Politically Connected Drug Dealers

from The Associated Press, November 30, 2010

Localização:

Afghanistan

A confidential diplomatic cable released by WikiLeaks says Afghan President Hamid Karzai has freed dangerous detainees and pardoned suspected drug dealers because they had connections to powerful figures.

Publication/Source:

The Associated Press

URL:

http://www.google.com/hostednews/ap/article/ALeqM5hvyPv5TcERTnPkrDhfbCDMujnmDA?docId=a75bf55ab5ac4ce9b033f1019dfe98cc

Townhall Meeting to Support Clarence Aaron

by dguard, November 19, 2009, 04:26pm

Townhall Meeting to Support Clarence Aaron, Serving 3 Life Sentences for a First-Time, Non-Violent Drug Law Violation Featuring Bob ‘Cowboy’ Clark, Clarence’s attorney, along with community activist Sherman “Big Sho” Tate and poet HuggyBear DaPoet Loft, host of the weekly poetry series Get Yo’ Mind Right”. Erica Perkins, campaign manager for Kevin Powell’s 2008 U.S. Congressional run, will be the moderator. A video appeal will be produced from this event, asking President Obama to grant clemency to Clarence, who has already served 17 years in prison. For more info, contact Erica Perkins 251.545.2168 or [email protected]. Read more about Clarence Aaron at http://www.november.org/thewall/cases/aaron-c/aaron-c.html.

Data:

Thu, 11/19/2009 - 6:00pm

Localização:

700 Donald Street

Mobile, AL 36617

United States

See map: Google Maps

A Few Pardons Today -- Meanwhile the Pardon Attorney's Web Site Hasn't Been Updated Since the Clinton Administration

by borden, December 12, 2007, 01:47am

In addition to the good news about the crack sentencing reductions being retroactive, another piece of modest good news is that Pres. Bush granted some clemencies, including a few drug offenders. Via the Associated Press and CNN:

Jackie Ray Clayborn, of Deer, Arkansas, sentenced in 1993 to five months in prison, two years of supervised release and $3,000 in fines on marijuana charges.
John Fornaby, of Boynton Beach, Florida, convicted in 1991 of conspiring to distribute cocaine. He served three years in prison.
Bush cut short the 1992 prison sentence of crack cocaine dealer Michael Dwayne Short of Hyattsville, Maryland, who will be released on February 8 after serving 15 years of his 19-year sentence.

Let's include this one too, just to keep things in the holiday spirit (even though we don't oppose having reasonable regulations on legalized substances):

William James Norman of Tallahassee, Florida, convicted in 1970 for possessing and running an unregistered distillery that did not carry the proper signage and illegally produced alcoholic drinks made from mash. He was sentenced to three years probation.

Clemencies are a good thing, so I feel bad about using a negative-sounding headline. But it's important, because these few additional actions still leave George W. Bush far behind other presidential administrations in use of the pardon powers, even behind the pardon-parsimonious George Herbert Walker Bush. Interestingly -- and perhaps not coincidentally -- the US Pardon Attorney's office has not updated the sections of their web site listing clemency recipients and statistics since the end of the Clinton administration. They don't even include George W. Bush in the list of presidents. (I've saved copies of those two pages to prove it, in case they finally get around to updating those pages.) More importantly, we've heard from list members whose family members have clemency petitions in that not only have their loved ones not been released, they haven't even heard back from the office with any decision, not even a "no." If I remember correctly, FAMM has charged that the backlog in the office is literally in the thousands. Come on George, I've said it before, and I'm saying it again -- WE WANT PARDONS!!!!

Localização:

Washington, DC

United States

See map: Google Maps

Pardon Whom?

from The Nation (NY), July 12, 2007

Localização:

United States

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Publication/Source:

The Nation (NY)

URL:

http://www.thenation.com/doc/20070730/pollitt

FAMM urges broadening of commutation use

by dguard, July 11, 2007, 01:56pm

Judiciary Committee questions Libby commutation; FAMM urges broadening of commutation use On Wednesday, July 11 in Washington, D.C., the House Judiciary Committee will investigate President's Bush's show of mercy to White House insider Scooter Libby. The hearing will consider the use and misuse of Presidential clemency power for executive branch officials. Although Mr. Libby’s high-profile commutation merits discussion, Families Against Mandatory Minimums (FAMM) has written to the committee urging it to also explore how commutations should be used to reduce excessive sentences of deserving, nonviolent federal prisoners. Click here http://www.famm.org/Repository/Files/Letter_to_Conyers%5B1%5D.pdf to read FAMM's letter. Many such prisoners have applied for and not received commutations, although they have served long portions of their sentences and their behavior in prison has been exemplary. It is especially troubling that many prisoners wait years to receive a decision and some petitions filed as far back as 2000 have not been acted upon. In 2001, President Clinton commuted the sentences of nearly two dozen nonviolent drug offenders, all of whom served significant portions of their lengthy mandatory sentences before their release. These individuals rejoined their communities and became productive citizens. Click here http://www.famm.org/oldsite/October/FAMMGRAMS/2001/Spring%202001%20commu... to read more about them. Julie Stewart, president and founder of FAMM, says, "President Bush should grant commutations to the deserving individuals who have sought them. By granting commutations, the President will show mercy, do justice, and prove that clemency is available to all deserving prisoners and not just to the well-connected.” Families Against Mandatory Minimums (FAMM) is a national non-partisan nonprofit organization that promotes just sentencing policies. Many of FAMM's members are prisoners, children and families torn apart by unjustifiably harsh mandatory minimum penalties. Click here http://www.famm.org/ExploreSentencing/TheIssue/FacesofFAMM.aspx to read their stories.

Localização:

Washington, DC

United States

See map: Google Maps

Libby's Independence Day

from San Francisco Chronicle, July 03, 2007

Localização:

United States

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Publication/Source:

San Francisco Chronicle

URL:

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/07/03/EDG6QQ4TM41.DTL

Clemency and Pardon

Obama Pardons Three for Marijuana, Frees Crack Prisoner

Pardons: The Power Nobody Wants

Obama Pardon/Clemency Record Even Stingier Than Bush's, Washington Post Notes

Thursday Press Teleconference: Clinton Commutation Beneficiaries Call on President Obama to Expedite Clemency for Crack Cocaine Prisoners (Press Advisory)

WikiLeaks: Karzai Pardoned Politically Connected Drug Dealers

Townhall Meeting to Support Clarence Aaron

A Few Pardons Today -- Meanwhile the Pardon Attorney's Web Site Hasn't Been Updated Since the Clinton Administration

Pardon Whom?

FAMM urges broadening of commutation use

Libby's Independence Day

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Consequences of Prohibition

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