Booker revisited

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					FAMMGRAM
F A M I L I E S          A G A I N S T                   M A N D A T O R Y                        M I N I M U M S
                                                                                                                                Spring 2006
                                                                                                                             Issue 1 | Volume 16




       Booker revisited
             espite the turmoil, optimism, and dire predictions wrought
       D     by the Supreme Court’s Booker decision in January 2005,
       one year later sentencing remains largely unchanged.
           This is good or bad, depending on              mandatory minimums and
        your perspective. For example, those              long sentences.
        interested in maintaining advisory
                                                             Although advisory sen-
        guidelines might be heartened by the
                                                          tencing guidelines have re-
        news that judges are sentencing much
                                                          placed the once-mandatory
        as before, depriving Congress of an ex-
                                                          sentencing guidelines,
        cuse to make guidelines mandatory
                                                          thanks to the Booker deci-
        again. However, those critical of the
                                                          sion, the future of the advi-
        sentencing guidelines may wish that
                                                          sory guidelines remains un-
        judges were ignoring them more now
                                                          certain. It is rumored that
        that they have the power to do so.
                                                          the Department of Justice
           Some people may borrow a bit                   will soon ask Congress to
        from both perspectives: in their                  make the guidelines
        hearts they want judges to have                   mandatory again, while some in Con-           Booker, such as “what is a reasonable
        guidelines coupled with judicial dis-             gress attempt to circumvent advisory          sentence and why does it matter?”
        cretion and more protections for de-              guidelines by enacting laws with                                (continued on page 7)
        fendants. But it’s scary to ask for such          mandatory sentences. Meanwhile, the
        thoughtful mandatory guidelines in a              courts continue to address the press-
        political culture still addicted to               ing issues raised but not resolved by
                                                                                                       School-zone
          Post-Booker sentences change little                                                          law changes
              In the aggregate, sentencing continues much as before, albeit with a small drop in
          the overall number of “within-guideline” sentences. Sentences within the guideline
                                                                                                       afoot in N.J.
          range fluctuated between 64 percent of all federal sentences in 2001 to 72 percent in
          2004 (prior to the Blakely opinion in June). Since Booker, the within-guideline rate fell
                                                                                                                continuing
                                                                                                       F AMM’sNew Jersey’scampaign to
                                                                                                         reform            harsh
          slightly from the 2001 figure of 64 percent to a rate of 61.2 percent.                       school-zone laws just got an important
              The rate of below-guideline sentences sought by the government climbed (in part          boost. The N.J. Commission on Crimi-
          due to new “fast-track” departure authority) from a low of 17.1 percent in 2001 to a         nal Sentencing finally released its long-
          high of 22.2 percent in 2003. In 2005, they reached a five-year high of 24.4 percent. In     awaited report on the school-zone law
          other words, nearly a quarter of all defendants in 2005 received sentences lower than        that requires a three-year mandatory
          the guidelines because the government sought a departure. Government sponsored de-           minimum sentence for anyone selling
          partures play a greater role in the national rate of below-guideline sentences than any      drugs within 1,000 feet of a school or
          other factor.                                                                                school bus. While the law sounds rea-
                                                                                                       sonable it has many flaws, including its
              Meanwhile, judges on their own departed or otherwise sentenced below the guide-          disproportionate impact on people of


F
G
          lines in only 12.8 percent of cases in 2005. This figure is significantly lower than the
          18.3 percent departure rate recorded in 2001 and higher than the 7.2 percent in 2003.
                                                                                                       color (see report side bar).
                                                                                                          The release of the report prompted
                                                                                                                        (continued on page 15)
                                                 F CONTENTS
                                                 G                                                     Spring 2006

                                                       FEATURES
 FAMILIES AGAINST MANDATORY MINIMUMS
                                                   1    Booker revisited
                                                        Sentencing remains largely unchanged in the year since Booker decision.
             FAMM since 1991
                                                        School-zone changes afoot in New Jersey
Mission: To abolish harsh and unjust                    Commission report gives boost to reform of New Jersey’s harsh
mandatory sentencing laws and restore                   school-zone laws.
judicial discretion to fit the punishment
to the crime.                                      8    Julie Stewart receives Citizen Activist Award
                                                        Gleitsman Foundation honors FAMM founder and president.

Julie Stewart           President                  16   Thanks for your help
Monica Pratt Raffanel   Director of operations          Contributions to FAMM’s annual December fundraising drive reach
                                                        nearly $79,000.
Laura Sager             National campaign
                        director
                                                   20   Where are they now?
Mary Price              General counsel                 Two who received commutations from President Clinton make new
Lani Poblete            Director of
                                                        lives for themselves.
                        communications
Angelyn Frazer          Organizing director            DEPARTMENTS
Tammi Coles             Development director
                                                   4    Federal news
Andrea Strong           Director of member              Review of legislation, past and future; Sentencing Commission seeks
                        services                        sentence increase; expert committee finds deficiencies in sentencing
LaFonda Jones-General N.C. project director             guidelines; proposed bill would drop prison phone costs; Congress lifts
                                                        ban on aid to some students with drug convictions.
Dea DeWitt              N.J. project director
Jim Cho                 Federal policy analyst     9    Is justice being served?
                                                        What kind of sentences would you have given Alva Mae Groves and
Betsy Atkinson          Case researcher
                                                        Angelita Able?
Jody Goulden            Staff writer
Tom Burkert             Administrator
                                                   10   State news
                                                        McConico introduces reform package in Michigan; reports from
Nina Cannon             D.C. office manager             North Carolina, Massachusetts, Kansas and Maryland.
Karen Garrison          D.C. office assistant
                                                   13   Litigation
Peter Ninemire          Organizer                       FAMM asks Supreme Court to review good-time issue and crack
                                                        sentences face new scrutiny in federal courts.

                                                   18   Outreach
                                                        FAMM members use tax day to educate on sentencing laws, spread the
                                                        word about FAMM.
          FAMM National Office
                                                   19   Prison news
       1612 K Street, NW, Suite 700                     Litigation continues on halfway house eligibility; VA provides programs
         Washington, DC 20006                           for transitioning veterans; thanks to Pekin women for $680 contribution;
             (202) 822-6700                             sisters offer women a transitional home; and new prison guidebook helps
           fax (202) 822-6704                           understand the system.
             www.famm.org

 See back cover for contact information on
     FAMM’s state offices in Michigan,
      New Jersey and North Carolina.
         he one-year anniversary of the Booker decision                                   to help returning prisoners make the return home suc-

T        – the biggest shake up in sentencing in 20 years
         – came and went without much fanfare (see
cover story). Sentencing practice did not fall into chaos
                                                                                          cessful. (See the FAMM website, www.famm.org, for up-
                                                                                          dates.)
                                                                                               After 15 years at FAMM, I still “feel your pain.”
during the past year, as some predicted; nor did Booker
                                                                                          The letters and notes I receive from those in prison and
offer avoidance of prison time, as some had hoped. The
                                                                                          their families are a constant reminder of why I do this
quiet passage of the anniversary could almost lull peo-
                                                                                          work. Sentences are too long, too rigid, and too de-
ple into believing that the current sentencing guidelines
                                                                                          structive. Judges need discretion to sentence the indi-
are here to stay. But that would be a mistake. We know
                                                                                          vidual, not just the crime. That’s why FAMM fights
that the Department of Justice (DOJ) has developed a               Julie Stewart          hard to beat any guidelines that seek to restrict judges
new sentencing guideline system and it will likely be in-          FAMM President
                                                                                          further. That’s why we chip away at mandatory mini-
troduced in Congress very soon. From what we know of
                                                                                          mum sentences, which completely tie judges’ hands.
DOJ, these guidelines would be a step backward, not forward, by lim-
iting judicial discretion except discretion to make sentences harsher.           Changing sentencing laws is long, hard work. We have had
                                                                            successes that have affected the sentences of tens of thousands of
     I guess that’s no surprise, but it’s very unsettling. How much
                                                                            people, but there is always more to do. However, sometimes it’s im-
time is too much? How long must someone be in prison to “get the
                                                                            portant to stop and acknowledge the work FAMM has done in the
message” that his/her behavior was illegal and that he/she needs to
                                                                            past 15 years, so we are planning an anniversary dinner in Wash-
change? Legislators in this country (and many people, in general)
                                                                            ington, D.C., this fall. This year also happens to be the 20th an-
have completely lost sight of what a year in prison means to an
                                                                            niversary of the Anti-Drug Abuse Act of 1986, which we will not
individual and his or her family, let alone five, 10 or 20 years. Sen-
                                                                            “celebrate” but we will mark by holding a sentencing forum follow-
tencing inflation is so out of control that 15 years in prison for sell-
                                                                            ing FAMM’s anniversary dinner. Details of both events will be on
ing drugs to a willing buyer is now considered normal by some.
                                                                            our website and in a future issue of the FAMMGram.
    When I first started FAMM, 15 years ago, I received a letter from a
                                                                                 Finally, thank you for making our December 2005 fundraising
prisoner who wondered how his long sentence would affect him. He
                                                                            drive the most successful ever! We raised $78,000, which was
wrote, “After 17 years behind bars, what kind of man will emerge…?”
                                                                            matched by three anonymous donors! Every stamp and every dollar
I think of him often as I hear from people leaving prison after a
                                                                            we receive help FAMM keep fighting for the sentencing justice we
decade or more. I don’t know how society expects people to re-enter
                                                                            all seek.
the flow without a hitch. One glimmer of reason, the Second Chance
Act, enjoys bi-partisan support in the U.S. Congress for its measures




     ))))
                                                                                                                            ))))
     Laura Sager, FAMM national campaign director, was cited in              LaFonda Jones-General, North Carolina FAMM project di-
  a November Detroit Free Press article, “Fix the Lifer Law.” Laura       rector, was quoted by the Associated Press in Raleigh in a No-
  was also interviewed by the Macomb Daily, a local Michigan              vember article on prison overcrowding in North Carolina. The
  newspaper, on Michigan prisoner Larry Drum’s continued ef-              Durham News quoted her that same week when she spoke out
  forts to seek a pardon from Michigan Gov. Jennifer Granholm.            personally about 50 Cent, a popular rapper, and his movie, “Get
  (See Winter 2005 FAMMGram.)                                             Rich or Die Tryin:” “The movie and the rapper’s music send the
      In December, Laura Sager was quoted in The Record, a New Jer-       wrong message: that selling drugs and living a violent lifestyle is
  sey newspaper: “It is extremely important for a state to have an ob-    the road to success.”
  jective, data-driven approach to the fairness and proportionality of       FAMM was also cited in several newspapers throughout the
  sentencing.” This came in response to and in support of recom-          country on issues from prison crowding in North Carolina to
  mendations by the New Jersey Commission to Review Sentencing            the appeal of Weldon Angelos’ 55-year sentence in November.
  to shrink drug-free school zones from 1,000 feet to 200 feet.



                                                                                                            Spring 2006    FAMMGRAM             3
FEDERAL LEGISLATION                                                                    Back to the futu

                F
                      or sentencing reform, the year 2005 in Congress created considerable angst but little action. The House
                      of Representatives responded to the end of mandatory sentencing guidelines with a host of bills laden
                      with mandatory minimums, but, thankfully, FAMM’s hard work bore fruit when key House Republicans
                 ameliorated some of the harshest provisions. While we wait to see what the Department of Justice plans to do
                 about Booker, 2006 is sure to be interesting.
                    Legislation develops in fits and starts, and FAMM sometimes needs members to respond member rapidly to devel-
                 opments. You can keep in touch with changes and how you can help by going to the FAMM website, www.famm.org,
                 signing up for e-alerts (do this on the website), attending chapter meetings and reading the FAMMGram.

Booker fix                                     But his proposal was so roundly con-              1279, a harsh anti-gang measure, the many
                                               demned that he decided against bringing it        and increased mandatory minimums in his
   2005. The big news in federal sen-
                                               to a vote in his own committee. Opinions          bill were necessary because the Supreme
tencing legislation is what did not happen:
                                               were nearly unanimous that everyone               Court made the guidelines advisory, not
2005 did not see the introduction of seri-
                                               should wait to see what the courts would          mandatory. Therefore, he said, mandatory
ous legislation to “fix” the Supreme Court’s
                                               do with their newfound freedom. Not sur-          minimums were needed to fill the gap.
decision in United States v. Booker. Follow-
                                               prisingly, it appears they are sentencing
ing the Court’s split opinion that declared                                                         Here are some of the bills we saw last
                                               much as they did before Booker. (See
the sentencing guidelines unconstitutional                                                       session:
                                               “Booker Revisited,” page 1.)
and then immediately rescued them by                                                                H.R. 1279, the “Gang Prevention and
making them advisory, rumors flew that            The bottom line: H.R. 1528 lies
                                                                                                 Community Protection Act of 2005” cre-
the Justice Department and Congress            dormant and will likely not go to the
                                                                                                 ated many new federal crimes, raised exist-
would quickly introduce legislation to re-     House Judiciary Committee or the full
                                                                                                 ing mandatory minimums, created 24 new
store mandatory guidelines.                    House. The Senate does not have a compa-
                                                                                                 ones and rewrote the definitions of “crime
                                               rable bill.
   Indeed, Rep. James Sensenbrenner                                                              of violence” and “criminal street gang” in
(R-Wis.), chair of the House Judiciary             Prediction: FAMM understands the              ways designed to radically alter the federal
Committee, introduced a radical drug sen-      Department of Justice is finalizing a legisla-    criminal code. (See “Bill says drug crimes
tencing bill (H.R. 1528) to harden the         tive proposal to reinstate mandatory sen-         ‘violent’,” Summer 2005 FAMMGram, page
guidelines, add a host of new mandatory        tencing guidelines. These “soft-top” or “top-     6.) Though 21 Republicans joined many
sentences and eliminate the safety valve.      less” guidelines would make the tops of the       Democrats to defeat the bill, it passed the
(See “Bills with mandatory minimums on         current guideline ranges advisory but not         House.
the rise,” Fall 2005 FAMMGram, page 8.)        the bottoms. It would then be easy for judges
                                                                                                    Meanwhile, the Senate prepared to con-
                                               to increase sentences but difficult to sentence
                                                                                                 sider S. 155, the “Gang Prevention and Ef-
                                               below a guideline range. Any such proposal
                                                                                                 fective Deterrence Act of 2005,” which
                                               is bound to generate much opposition.
                                                                                                 contained fewer, but nonetheless serious,
                                                                                                 new mandatory provisions. (See “Bills with
                                               The other Booker fix: mandatory                   mandatory minimums on the rise,” Fall
                                               minimums everywhere                               2005 FAMMGram, page 8.) Co-sponsor
                                                  While Booker-fix legislation did not suc-      Sen. Dianne Feinstein (D-Calif.) withdrew
                                               ceed in 2005, sentencing conservatives in         the bill before the Senate Judiciary Com-
                                               the House introduced a series of bills that       mittee could take it up and then sought to
                                               included many new mandatory minimums              develop support for a substitute measure.
                                               and some new crimes. According to Rep.            She did not introduce a new bill before the
                                               Randy Forbes (R-Va), who introduced H.R.          Senate recessed in December.

 4    FAMMGRAM          Spring 2006
re 2005–2006
    The bottom line: Congress did not             Children Act of 2005,” containing many          minimums. It passed the House Judiciary
 pass new gang legislation this year.             mandatory minimums for violent crimes           Committee and was “attached,” with the
                                                  and sex offenses against children but fewer     Senate Judiciary’s concurrence, to the Pa-
     Prediction: We might see a new gang
                                                  than in the House bill. The Senate Judiciary    triot Act. Congress did not pass the new
 bill introduced in the Senate that, while not
                                                  Committee sent the bill to the Senate floor,    Patriot Act in 2005; instead the current Pa-
 as harsh as the current bill, will contain
                                                  but it did not come up for a vote.              triot Act, without the methamphetamine
 provisions FAMM could oppose. Because
                                                                                                  section, was reauthorized in December for
 of the Senate’s full schedule it is unclear         The bottom line: Congress did not
                                                                                                  just over a month and in January was reau-
 how much attention will be focused on            pass new sex crimes legislation this year.
                                                                                                  thorized again for five weeks.
 gang and other criminal jus-
 tice bills.                                                         Omnibus crime legisla-          The bottom line: Congress did not
                                                                  tion. In the meantime, the      vote in 2005 on a methamphetamine bill.
    H.R. 1751, the “Secure                                        House Judiciary Committee       However, Congress passed the Patriot Act
 Access to Justice and Court                                      Chairman Sensenbrenner in-      in February with the methamphetamine
 Protection Act,” responded                                       troduced a bill in December     sections.
 to high profile attacks                                          containing leaner versions of
                                                                                                      H.R. 4437, the “Border Protection, An-
 against judges. It contained                                     the gang, court security and
                                                                                                  titerrorism and Illegal Immigration Con-
 new mandatory penalties for                                      sex crimes bills that the
                                                                                                  trol Act of 2005” emerged suddenly in the
 a variety of threatening and harmful acts.       House had already passed. A number of
                                                                                                  final weeks of the year in the House Judi-
 The House passed the bill after several Re-      the mandatory minimums sought in the
                                                                                                  ciary Committee. Sponsored by Chairman
 publican members removed some of the             original bills were removed from the om-
                                                                                                  Sensenbrenner, the bill was extremely con-
 mandatory penalties. The Senate bill, S.         nibus, presumably to make the bill more
                                                                                                  troversial, not due to its mandatory sen-
 168, the Court Security Improvement              palatable for the Senate, which lacks the
                                                                                                  tencing provisions that would have targeted
 Act, contains none of the mandatory sen-         House propensity for mandatory mini-
                                                                                                  not only those illegally in the country but
 tencing provisions of the House version.         mums. The House failed to consider H.R.
                                                                                                  those who helped them, even for the best of
 The Senate Judiciary Committee has not           4472, the Child Safety and Violent Crime
                                                                                                  reasons. Republicans and Democrats were
 voted on it.                                     Reduction Act, before its December ad-
                                                                                                  internally divided over the breadth of the
                                                  journment.
    The bottom line: Congress did not                                                             bill and its failure to address the status of
 pass a court security bill this year.               The bottom line: The House did               current migrants or provide for a guest
                                                  not vote on H.R. 4472.                          worker or status adjustment program.
    Prediction: The Senate may take up
 a court security bill in 2006 but it is likely      Prediction: Chairman Sensenbren-             Nonetheless, the House passed the bill in
 to differ greatly from the House bill.           ner is likely to promote H.R. 4472 in the       the final days of the session but the Senate
                                                  House early this year.                          did not take it up. The Senate considered no
    H.R. 3132, the “Protecting Children’s                                                         immigration bill of its own this year.
 Safety Act of 2005,” included many new              H.R. 3889, the “Methamphetamine Epi-            The bottom line: Congress did not
 mandatory penalties for a variety of crimes      demic Elimination Act of 2005” rode the         pass immigration reform.
 against or involving children and included       wave of methamphetamine hysteria sweep-
                                                                                                      Prediction: The Senate is likely to
 new minimum penalties for other conduct,         ing the country. Originally, the bill would
                                                                                                  hold hearings about immigration reform
 such as failure to register as a sex offender    have changed current penalties so that a
                                                                                                  in the spring; however it is unlikely to pro-
 and Internet offenses. The House approved        mere three grams of methamphetamine
                                                                                                  duce a bill even remotely like the one
 H.R. 3132 and sent it to the Senate.             would trigger a five-year sentence and five
                                                                                                  passed by the House.
                                                  grams a 10-year one. A bipartisan effort on
    The Senate Judiciary Committee con-
                                                  the House Judiciary Committee, however,
 sidered several similar bills before finally
                                                  produced a much-improved, though not
 settling on S. 1086, the “Jetseta Gage Pre-
                                                  perfect, bill without any new mandatory
 vention and Deterrence of Crimes Against

                                                                                                          Spring 2006    FAMMGRAM            5
Commission seeks sentence increases

 T he U.S. Sentencing Commission’s
   proposed amendments to the federal
                                                    Last year, the commission told us that its
                                                 2006 priorities included continuing its
                                                                                                  providing for early release for extraordinary
                                                                                                  and compelling circumstances (a provision
sentencing guidelines are a disappointing        work on the crack cocaine sentencing struc-      seldom used); and neglects any effort at
set of business-as-usual sentence increases      ture, promulgating long-overdue guidance         even modest structural reform.
for a range of offenses, many of which al-       on compassionate release and examining              The commission’s proposed guideline
ready carry very stiff sentences.                certain structural issues that lead to sharply   amendments are available at www.ussc.gov.
    Sadly absent are any mention of a guide-     increased sentences at the top of the guide-     Comments are due March 28 for all pro-
line proposal concerning the disparity be-       lines. Reforms in these areas could result in    posals except steroids, which had a Febru-
tween crack and powder cocaine sentencing        sentence length reductions.                      ary deadline. The commission must for-
and any effort to reduce sentences or sim-          Alas, the current set of proposals fails to   ward proposed guideline amendments to
plify the guidelines.                            mention or reform crack cocaine sentenc-         Congress on May 1, 2006.
   Also omitted from the proposals is even a     ing; does little more than restate the statute
nod to the fresh thinking that has emerged
since the release of United States v. Booker
launched a wholesale reconsideration of the
guidelines by critics and supporters alike.
                                                 Expert committee finds deficiencies
(See “Expert committee,” this page.)
                                                 in sentencing guidelines
    The proposed amendments would,
among other things, increase sentences for
alien smuggling, immigration document
                                                                                    the
                                                  A n expert committee organized by by
                                                    Constitution Project and headed
                                                                                                      The commission itself has acknowledged
                                                                                                  its own role in lengthening prison terms.
fraud, illegal reentry into the United States,   former Reagan attorney general Edwin                 Comparing incarceration rates before
various firearm offenses and steroid of-         Meese and former Clinton deputy attorney         and after the implementation of the sen-
fenses. Apparently not sure that drug sen-       general Philip B. Heymann examined fed-          tencing guidelines, the commission wrote:
tences are lengthy enough already, the com-      eral sentencing following Booker and iden-       “The rate of imprisonment for longer
mission’s steroid package includes proposed      tified several deficiencies in the sentencing    lengths of time climbed dramatically
enhancements that the commission signals it      guidelines.                                      compared to the preguidelines era. While
is considering applying to all drug offenses.
                                                    In July 2005 the committee called the         mandatory minimum penalties had some
                                                 guidelines too complex and overly rigid          direct and indirect effects on those
                                                 and said they rely too much on relevant          trends…the sentencing guidelines them-
    And the prison
                                                 conduct and place too much emphasis on           selves made a substantial and independent
    population grows
                                                 quantifiable factors like drug quantity and      contribution.” U.S. Sentencing Commis-
    and grows
                                                 loss, and too little on role in the offense.     sion, Fifteen Years of Guideline Sentencing,
     The sentencing commission acknowl-             Such criticisms of course pre-date            at vi (Nov. 2004).
     edged that increased guideline sen-         Booker. For example, Justice Anthony                The Booker decision focused new at-
     tences have on lengthening prison terms     Kennedy decried the long sentences re-           tention on other serious problems with
     in its 15-year study.                       quired by the federal sentencing guidelines      the way guideline sentences are increased,
     Already federal offenders who were          when he called for their reduction in a          including the use of relevant conduct, es-
     sentenced in 2002 could expect to spend     speech to the American Bar Association           pecially the abhorrent practice of count-
     almost twice as long in prison than those   several years ago.                               ing acquitted conduct and the crimes of
     sentenced in 1984.                              The Supreme Court Booker decision            others and the crack cocaine guideline
                                                 provided the commission with the opening         that, according to the commission is the
     The federal prison system was 40
                                                 it needs to make meaningful adjustments          single most important factor contributing
     percent overcapacity in 2004.
                                                 to some of the worst guideline features. Not     to racial disparity in federal sentencing.
     In 2004 the federal prison population       least among them is what Professor Frank         Sadly, the commission has missed an im-
     increased by 7,269, for a total of          Bowman calls the “upward ratchet,” de-           portant opportunity to use its expertise
     180,328, making it the largest single       scribing the commission’s predilection to        and data to promote genuine, if incre-
     jailer in the U.S.                          increase sentences whenever it considers a       mental, change.
                                                 sentence adjustment.

6     FAMMGRAM            Spring 2006
                                                                                                                                   FEDERAL NEWS


Proposed bill                                    Booker revisited
                                                 (continued from page 1)
would drop
                                                 What is reasonable?
prison phone                                        One of the big issues facing courts at
costs                                            sentencing is how much consideration to
                                                 give to the guideline sentence. In Booker,
                                                 the Supreme Court instructed the courts
                 (D-Ill.) introduced
R ep. Bobby Rush“Family Telephone
  H.R. 4466, the                                 of appeals to evaluate sentences for “rea-
Connection Protection Act of 2005” to            sonableness.” But the court did not de-
lower the excessive interstate phone rates       fine a reasonable sentence. Increasingly,
charged to family members and incarcer-          the courts of appeals have decided that a
ated persons. Introduced in December, the        sentence within the guideline range is
bill was referred to the House Subcom-           probably reasonable. There are
mittee on Telecommunications and the             many problems with this approach.
Internet. There are no cosponsors.                  First, it ignores the sentencing statute
    Rep. Rush points out that prison             and its mandate that the court “shall im-
phone rates are some of the highest in           pose a sentence that is sufficient, but
the United States — as high as $1 per            not greater than necessary” to meet
minute and $3.95 per call for service
connection. Contributing to the problem
is the lack of competition between long
                                                 the goals of sentencing.
                                                    Second, if the courts act like the
                                                 guideline sentence is the reasonable
                                                                                          “   Booker has brought us rules moderated by mercy.
                                                                                              Judges are now better able to consider the offense,
                                                                                              the offender, and the needs of crime victims in
                                                                                              determining appropriate sentences .…So, let’s
distance carriers. Typically, a facility only    sentence, they threaten to turn the          celebrate. The system that Booker created is, by
allows one company to provide service.           now-advisory guidelines into some            every reasonable measure, superior to its prede-
In exchange for the monopoly, the car-           sort of post-Booker version of
                                                                                              cessor and is working well. Happy anniversary to
rier pays the facility a commission,             mandatory guidelines.
which may go to pay for other services
for the prison population.
   Recognizing that high rates affect many
                                                    Not all judges, of course, blindly
                                                 apply guideline sentences. Many fol-
                                                                                              Booker, and here’s to many more.
                                                                                                                                  ”
                                                                                                — Lynn Adelman, U.S. District judge, Wisconsin

                                                 low the Supreme Court’s direction in
low-income families, H.R. 4466 would                                                               (See ”Crack sentences face new scrutiny in
                                                 Booker to calculate and consider the sen-
break the monopolies at each facility by di-                                                       federal courts,” page 14.) It remains to be
                                                 tencing guideline sentence, but also inde-
recting the Federal Communications Com-                                                            seen how the courts of appeals will handle
                                                 pendently evaluate the appropriate sentence
mission to set fair rates and policies to gov-                                                     such sentences in light of the increasing
                                                 based on the factors laid out in the sentenc-
ern telephone charges at state and federal                                                         “reasonableness” trend.
                                                 ing statute. Many judges have written
prisons.                                         thoughtful, reasoned and thorough opin-               In the meantime, the upcoming U. S.
    These directives would include setting a     ions explaining why they sentenced a defen-       Sentencing Commission report on a year
maximum rate per minute and a maximum            dant to a sentence lower than the guideline       of sentencing since Booker should shed
rate for service connection and requiring        sentence. So, while judges in the majority of     light on sentencing and appellate practices.
service providers to offer the cheaper col-      cases scrupulously adhere to the guidelines,      The report should provide critical infor-
lect calling and debit account services. Al-     they are examining sentences long consid-         mation and analysis to help understand
though the federal system has debit account      ered unfair, such as those for crack cocaine.     the true state of sentencing.
services, many states do not. In addition,
the bill would prohibit service providers
from paying commissions to prisons ad-             Resources
ministrators, add more interstate service          To get the most up-to-date numbers on federal sentencing visit:
providers, and prohibit them from refusing            www.ussc.gov and visit the Booker tab to see monthly reports on sentencing statistics
to place a call because the intended receiver         since Booker.
is served by a rival company.                      To get daily, sometimes hourly, information on decisions, reports, media accounts and in fact
   As a New York Times editorial recently             everything Booker, visit http://sentencing.typepad.com to read professor Doug
                                                      Berman’s Sentencing Law and Policy Blog.
                       (continued on page 8)

                                                                                                            Spring 2006      FAMMGRAM              7
                                                                                                                                FEDERAL NEWS

                                                                                                    Proposed bill
Congress lifts ban on aid to some                                                                   (continued from page 7)
students with drug convictions                                                                      opined, H.R. 4466 would not only help
                                                                                                    family members, it would help society in
S omebe eligiblewithfederalconvictions
  will
       students
                 for
                     drug
                            grants,
                                                    According to the Department of Educa-
                                                 tion, 43,000 students lost their financial aid
                                                                                                    general. By fostering meaningful commu-
                                                                                                    nication between incarcerated persons and
loans or work-study assistance because           due to the HEA restrictions in the academic
                                                                                                    their loved ones, the chances of an incar-
Congress lifted a 1998 ban on financial aid      year of 2001-2002, and an estimated
                                                                                                    cerated person’s successful reentry into so-
for students with prior drug convictions.        173,000 students were ineligible for aid
                                                                                                    ciety improve. But the bill faces tough op-
    As part of a budget resolution passed in     since the policy took effect in 1998.
                                                                                                    position from the telecommunications
February, Congress amended a punitive                 The new provision, while much improved,       industry and state prisons that, according
provision of the Higher Education Act            still bans financial aid to students if the drug   to the New York Times, “have grown ac-
sponsored by Rep. Mark Souder (R-Ind.)           offense occurred while they were receiving the     customed to gouging the poorest families
that made students ineligible for aid if they    aid. As before, the length of the ban is based     in the country to subsidize some prison-
had convictions for drug possession or dis-      on the gravity of the underlying offense and       related activities … the current arrange-
tribution while in school and at any time        the number of convictions. The new bill also       ment is both counterproductive and
prior to entering school. Multiple convic-       continues the policy of permitting students to     morally indefensible.”
tions could have meant a lifetime ban on         regain eligibility by completing drug rehabili-
student financial aid, regardless of whether     tation and fulfilling other requirements.             For further information, contact
the student was applying to college many                                                            C.U.R.E. at (202) 789-2126 or cure@
                                                    The President is expected to sign the bill      curenational.org.
years after the offenses. The bill barred aid    into law.
to students who incurred drug convictions.



                                                                                                    Court upholds
    Julie Stewart receives
                                                                                                    55-year
    Citizen Activist Award
                                                                                                    sentence
    Julie Stewart, FAMM’s founder and        brother was convicted of growing mari-
 president will receive the Citizen Activist juana and given a five-year mandatory
 Award, an award given in alternate years    minimum sentence in federal prison. She                 A U.S. Circuit Court of Appeals in
                                                                                                       Denver upheld the draconian 55-
 by the Los Angeles-based Gleitsman Foun-    quit her full-time job to start FAMM, a                year mandatory sentence given to Weldon
 dation to two individuals who have chal-    nonprofit dedicated to fighting for just sen-          Angelos, whose case FAMM had spot-
                                             tencing policies. With little more than a
 lenged social injustice in the United States.                                                      lighted in the Winter 2004 FAMMGram
     The award will be presented in April at passion for justice and a belief it could be           (page 10).
 the Harvard Center for Public Leadership. achieved, Julie built an organization that
                                             has led the way for sentencing reforms at                 The court rejected the argument that
 Each awardee receives a gift of $50,000
                                                                                                    Angelos’ sentence was cruel and unusual
 and a commemorative sculpture designed the state and federal levels, resulting in
                                             fairer sentence for tens of thousands of in-           punishment and disproportionate to his
 by Maya Lin, the creator of the Vietnam
                                             dividuals. At the same time, FAMM spot-                crime. He was convicted in 2004 of pos-
 War Memorial in Washington, D.C.
                                             lights the harshness of mandatory mini-                session of a gun during three marijuana
     The Gleitsman Foundation established                                                           sales worth several hundred dollars to an
                                             mum sentencing policies and provides a
 the award in 1989 to encourage individ-                                                            informant.
                                             much-needed ray of hope to the thousands
 ual commitment and leadership by recog-
                                             of people behind bars in the United States.               U.S. District Judge Paul Cassell
 nizing the exceptional achievement of
                                                 The other 2006 Citizen Activist                    protested the sentence he was forced to
 people who have initiated social change.
                                             awardee is Mary Houghton of Shorebank,                 give Angelos, calling the sentence “unjust
 It honors individuals who are leaders in
                                                                                                    and cruel and even irrational.” He called
 efforts to change the way we live through a banking institution that works to build
                                             wealth for all in economically integrated              the case the most difficult since he took
 their courage and persistence.
                                             communities, promote environmental                     the bench in 2002.
     Julie founded FAMM in 1991 after her
                                             health and operate profitably.


8     FAMMGRAM          Spring 2006
                Is justice being served?
                 The following state and federal cases represent the “Faces of FAMM.” As you read, ask yourself if justice
                 is being served by the sentences they received. If you or someone you know is in a similar situation,
                 please use the case summary form found on page 21 of this issue.



 Alva Mae Groves                                                       Angelita Able
                      Jurisdiction: Federal                                                      Jurisdiction: Michigan
                      Offense: Conspiracy to possess with intent                                 Offense: Conspiracy to deliver cocaine
                      to distribute cocaine base; use of a firearm                               and delivery of cocaine, 225-649 grams
                      during and in relation to a drug-trafficking                               Priors: None
                      crime; trading food stamps for crack cocaine                               Date of sentencing: 1997
                      Priors: Possession of alcoholic                                            Date of birth: 1973
                      beverages in 1979; larceny in 1994 for                                        Authorities became suspicious of An-
                      stealing $8 worth of groceries                                             gelita when a suspected drug dealer was
                       Date of sentencing: 1995                                                  seen visiting the apartment she shared
                       Date of birth: 1921                            with her boyfriend on numerous occasions. On the day of her
    In 1994, authorities arrested 16 individuals believed to be in-   arrest, officers claim to have observed her handling a bag con-
volved in a large-scale crack cocaine ring based in rural North       taining cocaine that the drug dealer later sold to an undercover
Carolina. Alva Mae’s son was suspected of heading the drug ring       officer. Although Angelita’s fingerprints were not on the bag, they
and four additional family members were allegedly involved. Au-       alleged it was the same bag seen in Angelita’s possession. On a
thorities claimed that the drugs, which were typically exchanged      subsequent search of Angelita and her boyfriend’s home, an ad-
for food stamps as payment, were housed and distributed from          ditional 433 grams of cocaine were discovered. Angelita and her
the mobile home Alva Mae shared with her son. While Alva Mae          boyfriend were charged with conspiracy to deliver cocaine be-
claims that she was not even aware that drug deals were being         cause officers had purchased drugs from the drug dealer on nu-
conducted in her home, coconspirators and informants told in-         merous occasions.
vestigators that she had sold small quantities of cocaine base for        Angelita was born and raised in Detroit by her great-grand-
her son on numerous occasions and had even been known to re-          mother. She dropped out of high school in the 10th grade when
cruit street dealers.                                                 she became pregnant with the first of her three children by her
    Alva Mae was held accountable for all the drugs and illegal       boyfriend, but later obtained her GED. She then attended Career
food stamps allegedly exchanged in the conspiracy: 1,887 grams of     Works, the Professional Careers Institute and cosmetology school
crack cocaine and $15,930 in food stamps. She also received a         in Detroit. Angelita was 23 years old and her daughters eight, five
firearms charge because a gun was discovered in a bedroom of her      and one-and-a-half when she was sentenced. While her incarcer-
home. Alva Mae believes that she was prosecuted because she           ation has been difficult on the family, all three children have
would not provide authorities with information that would impli-      worked hard to adjust to it and continue to excel in school. Since
cate her family members. Alva Mae’s son is serving a life sentence.   her incarceration, Angelita has participated in numerous sub-
    Alva Mae has an eighth grade education and spent most of her      stance abuse and educational courses and received training to be-
working career as an in-home care provider. After retiring in the     come both a paralegal and a dental technician.
late 1980s, she lived on Social Security and rental income. When
arrested, Alva Mae was 72 years old and the primary caregiver for        What do you think Angelita’s sentence should have been?
her two young grandchildren. She had such limited resources
and assets that she sold eggs, candy and soda to neighbors to sup-        With no priors, ANGELITA ABLE received two consecutive
plement her income and support her grandchildren.                     sentences of 10-30 years each for a total of 20 to 60 years. She was
                                                                      initially subject to two consecutive 20-30 year sentences, but the
                                                                      judge used his ability to depart from the mandatory sentence for
   What do you think Alva Mae’s sentence should have been?            substantial and compelling reasons and reduced the sentences to
  Because of her firearm and food stamp charges, ALVA MAE             10-30 years. As a result of this departure, Angelita was not eligible
GROVES received a total sentence of 295 months, or nearly 25 years.   to benefit from Michigan’s 2003 sentencing reforms, which would
                                                                      have made her eligible for parole after 10 years on each count.
                                                                      Now she must wait until 2017 to become eligible for parole.


                                                                                                        Spring 2006     FAMMGRAM              9
McConico introduces reform package in Michigan
   Rep. Bill McConico (D-Detroit) intro-            paroled under the 2003 sentencing reforms       (D-Detroit), Rep. Steve Tobocman (D-De-
duced his long-awaited sentencing reform            will join family members to ask that those      troit), Rep. Gabe Leland (D-Detroit), and
package, H.B. 5654, H.B. 5655, and H.B. 5656.       reforms be extended to include those still      Duane Johnson, legislative assistant to Rep.
   The bills provide earlier parole eligibility     serving harsh sentences imposed under the       Mary Waters (D-Wayne County), explained
for those sentenced under the pre-March 1,          pre-reform drug laws.                           the legislative process and pledged their sup-
2003, mandatory minimum drug laws. They                Laura Sager, national campaign director,     port for the reforms. The lawmakers were
were referred to the House Judiciary Com-           and Noah Smith, a political consultant, are     clearly moved by the stories of the families
mittee, chaired by Rep. William Van Regen-          continuing to meet with legislators from        and formerly incarcerated individuals.
morter (R-Georgetown Township). FAMM                both parties and key organizations to build        Laura and attorney Margaret Raben ex-
will send Legislative Alerts to Michigan            support for the reforms.                        plained the bills and answered questions
members when hearings are scheduled.                                                                about the impact of the proposals on individ-
                                                                                                    ual members. Michigan FAMM is grateful to
    As we go to press, members are prepar-          State lawmakers meet
ing for a FAMM Day at the State Capitol                                                             the Rev. Wendall Anthony for the use of the
                                                    with FAMM members                               new Fellowship Church and his on-going
on Valentine’s Day to ask their representa-
                                                       On December 3, more than 60 members          support.
tives to support the package of bills and
                                                    from across the state met in Detroit to dis-
sign on as cosponsors. Rep. McConico is                                                                 Members with questions or concerns may
                                                    cuss the proposed bills. Rep. Bill McConico
the featured guest speaker. Individuals                                                             contact the Michigan FAMM office by calling
                                                                                                    at (517) 487-1261, 9 a.m. to 6 p.m. weekdays
                                                                                                    or emailing tomburkert@famm.org
                                                                                                    or jedonna@famm.org.


     Ted Wallace championed Michigan drug law reform

      The lead sponsor of the first FAMM-initiated bill to repeal all of Michigan’s harsh
   mandatory minimum drug laws died January 19 of a heart attack. Ted Wallace, De-
   troit’s 36th District judge and a former state representative, was 64.
      In 1998, Judge Wallace chaired the House Judiciary Committee. The reforms he sought
   and FAMM continued to champion were finally achieved in 2003. He also actively sup-
   ported the successful 1998 effort to win parole eligibility for individuals serving life with-
   out parole for offenses involving delivery of more than 650 grams of heroin or cocaine.
      “Judge Wallace understood the injustice of Michigan’s harsh mandatory mini-
   mum drug laws and provided guidance, support and leadership in the campaign for                  Michigan Rep. Steve Tobocman (D-Wayne
                                                                                                    County) with FAMM member Maribel Santana.
   reform. His commitment to justice was an inspiration,” said Laura Sager, FAMM na-
   tional campaign director. “His door was always open to FAMM members.”
                                                                                                    FAMM supports efforts
      Judge Wallace served as president of the Michigan Legislative Black Caucus and
                                                                                                    for parolable lifers
   was an active member of the National Black Caucus of State Legislators. He was also
   a member of the Wolverine Bar Association, the Association of Black Judges in                        Michigan FAMM is also supporting
   Michigan, the Metropolitan Bar Association, the Michigan Trial Association of the                efforts by the Citizens Alliance on Prisons
   NAACP, the Urban League and the Trade Union Leadership Council.                                  and Public Spending (CAPPS) to increase
                                                                                                    the number of paroles granted to individu-
   Dooley Horton, 58, of Marion, Iowa, died in December from the long-term                          als serving parolable life sentences.
   damage of Agent Orange in Vietnam. A mechanical and electrical engineer, he                         Members will be notified when and if
   served seven years on a methamphetamine charge. FAMM extends its sympathy to                     CAPPS-supported legislation is introduced
   his parents, Donald and Betty Whorton, and sons Brian and Jonathan.                              affecting those serving parolable life. There
   FAMM member Brian Burke died late last year. FAMM sends its condolences to                       were approximately 1,500 individuals serv-
   Brian’s family, including his mother, FAMM member Mary Burke.                                    ing parolable life sentences in 2003. Of
                                                                                                    these, about 169 are serving for “650” drug

10     FAMMGRAM           Spring 2006
                                                                                                                                     STATE NEWS

offenses. FAMM members can obtain addi-           N.C. FAMM continues
tional information on the CAPPS website,          community outreach
www.capps-mi.org, or by calling (517)
482-7753.                                             At press time, N.C. FAMM is sched-
                                                  uled to discuss cost-effective sentencing
                                                  reforms with business and school lead-
                                                  ers at a coalition meeting hosted by the
                                                  Public School Forum February 27. Pre-
 NORTH CAROLINA                                   senters will include LaFonda Jones-Gen-
                                                  eral, N.C. FAMM project director; Tom
FAMM panelist calls attention to
                                                  Ross, former chair of the N.C. Sentenc-
Carolina’s harsh sentencing laws                  ing Commission; and David Mills, execu-
                                                                                                   Testifying at the Massachusetts hearing were
                                                                                                   (l to r) Sean Glynn, whose brother, Patrick, is
   Remarks by Burley Mitchell, a former           tive director, Commonsense Foundation.           serving a five-year mandatory sentence; Ber-
North Carolina Supreme Court justice and              N.C. FAMM is also working with other         nice Williams, whose daughter, Bonnie Ditoro,
                                                                                                   is serving a 15-year mandatory sentence; and
district attorney, at a FAMM-sponsored            groups to urge legislators to revise pro-
                                                                                                   Lynn Holbein, FAMM spokesperson and chair
forum drew widespread attention to the            posed gang legislation (H. 50) and is plan-      of the SMART on Crime Coalition.
problem of North Carolina’s harsh sen-            ning events to highlight more effective ap-
tencing laws for drug offenders and               proaches to gang problems with national          go to the House and Senate floors before
sparked a serious debate about reform in          and local experts.                               the legislature recesses in July. FAMM
the North Carolina media.                             Asheville residents are slated to attend a   members and coalition members will be
                                                  FAMM community workshop in February,             notified when a day at the State House is
    The Charlotte Observer responded with
                                                  in the first of several planned membership       scheduled for visits to individual legislators.
an editorial, saying “there is a rational solu-
                                                  outreach events.                                    Besides FAMM, other groups in the
tion to the state prison bed space crisis;
however, it will require the General Assem-          North Carolina residents interested in        coalition supporting S. 929 are the Massa-
bly to take into consideration the recom-         becoming involved in FAMM activities             chusetts League of Women Voters, National
mendations of the N.C. Sentencing and Pol-        should contact LaFonda Jones-General, at         Association of Social Workers, the Crimi-
icy Advisory Commission. The Sentencing           (919) 530-8077 or ljones@famm.org.               nal Justice Policy Coalition, the Drug Pol-
and Policy Advisory Commission was                                                                 icy Forum of Massachusetts, Partakers
charged with the duty to monitor crowding                                                          (“College Behind Bars”), the Massachusetts
and to recommend adjustments that will                                                             Organization for Addiction Recovery
help to reserve costly prison bed space for
                                                   MASSACHUSETTS                                   (MOAR), and the Massachusetts Correc-
the most violent offenders. Unless legislators                                                     tional Legal Services.
                                                  100 FAMM members attend
give more attention to recommendations for                                                             For more information, contact Marie
trimming certain sentences, taxpayers
                                                  hearing on parole eligibility
                                                                                                   Russo, FAMM’s Massachusetts ambassador,
should brace themselves for more prison-             More than 200 people packed the Senate        at (781) 334-5947 or russomarie@aol.com.
building and more state debt to erect pris-       Judiciary Committee hearings in Novem-
ons and more taxes to operate them.”              ber at the Massachusetts State House. Over
                                                  half were FAMM members, and most of
   N.C. FAMM and N.C. Policy Watch
sponsored the November forum on sen-
                                                  the rest were members of the Smart on             KANSAS
                                                  Crime Coalition. The coalition, which in-
tencing issues in Raleigh. Other panelists
included Marc Mauer, executive director of
                                                  cludes FAMM, is making its top priority S.       Retroactive treatment bill
                                                  929, a bill that provides parole eligibility     advances in Kansas
The Sentencing Project, and Daniel Blue,
                                                  for drug offenders after they serve two-
former N.C. Speaker of the House.                                                                      Three years ago, Kansas legislators did the
                                                  thirds of their sentences.
   Mauer explored the relationship between                                                         right thing and passed a bill (S.B. 123) that
                                                     Witnesses spoke eloquently about the          allows certain drug defendants to be sen-
incarceration and crime, the factors that re-
                                                  need to reform mandatory minimums. A             tenced to a 12-18 month treatment program,
duce crime and the effects that incarceration
                                                  wide range of experts and many family            instead of prison. Results from S.B. 123 have
has had upon the African American com-
                                                  members repeated the same theme during           been outstanding, with a recidivism rate of
munity. He noted that “increasing incarcera-
                                                  the six-hour hearing.                            less than 10 percent for those individuals
tion while ignoring more effective ap-
proaches will impose a heavy burden upon              The next step is to urge the 17 mem-         completing the treatment program.
courts, corrections and communities, while        bers of the judiciary committee to report           Unfortunately, S.B. 123 was not made
providing a marginal impact on crime.”            the bill favorably out of committee so it can

                                                                                                          Spring 2006      FAMMGRAM            11
                                                                                                                                   STATE NEWS

                                             retroactive, which would have affected                  On January 27, Kansas FAMM sponsored
                                             about 1,000 prisoners. Since then Peter             a legislative task force meeting in which
     Communicating                           Ninemire, FAMM’s Midwest organizer, has             nearly 70 FAMM members and supporters
                                             worked hard to win bi-partisan support for          pledged to work toward H.B. 2231’s passage.
     with FAMM                               a bill offering retroactivity to the 500 peo-       Five legislators discussed the steps in the leg-
                                             ple still incarcerated for drug use offenses        islative process and explained their views of
       As FAMM grows, so does the vol-
                                             that occurred before the passage of SB 123          the obstacles and strategies for success in
     ume of mail, phone calls and emails
                                             in July 2003.                                       passing the bill. Also in January, Peter pre-
                   we receive each day.
                                                                                                 sented the case for sentencing reform to a re-
                    Here’s how to com-          His persistence is paying off. In January
                                                                                                 ceptive audience at the Sedgwick County
                     municate effectively    2005, Rep. Bill McCreary (R-Wellington)
                                                                                                 Democratic luncheon.
                     with FAMM.              introduced H.B. 2231, a bill to “modify cer-
                                                                                                    Peter found more support for the bill
                           Donations and                                                         when he and former prisoner Paul Gose-
                         memberships. All                                                        land were guests on a call-in weekly radio
                         donations and                                                           talk show with Bonita Gooch, editor of the
      memberships should be sent to                                                              Community Voice. Goseland was recently
     FAMM headquarters in Washington,                                                            released from a life sentence for his third
     D.C. A basic membership is $25 and                                                          possession of $20 worth of cocaine due to
     $10 for prisoners. Credit card dona-                                                        his drug addiction.
     tions can be made at www.famm.org.                                                             Peter needs all Kansans to get involved
     Donations to FAMM Foundation are                                                            in making retroactivity a reality. Please con-
     tax-deductible. We also gladly accept   Peter Ninemire, FAMM’s Midwest coordinator,         tact him at (316) 651-5852 or
     postage stamps.                         with Kansas representatives Nile Dilmore (D-        pninemire@famm.org for information on
                                             92) and McCreary (R-80).                            getting involved.
         Writing, calling and e-mailing
     FAMM. Business correspondence, case     tain drug offense sentences…” In 2005 the
     summaries and stories, memberships      bill was voted out of the House of Repre-
     and general information inquiries       sentatives and sent to the Senate for consid-
     should be sent to FAMM’s office in      eration, where its first hearing was Febru-
     Washington, D.C. Andrea Strong,         ary 16, 2006.                                        MARYLAND
     member services director, answers
                                                 Although it is an uphill battle, the bill has   Joining forces for justice
     emails sent to famm@ famm.org.
                                             strong bipartisan support and is getting a lot
     FAMM’s coordinators run                                                                         FAMM is a member of Justice Maryland,
                                             of attention. Last November, Peter convened
     FAMM chapters and an-                   a bipartisan legislator/public forum at the         a statewide organization of individuals and
     swer your letters and                   Wichita Independent Business Association to         organizations united to identify and reform
     calls on a limited, volun-              build support for the bill. FAMM members            the parts of Maryland’s justice systems that
     teer basis. FAMM’s office               and supporters participated in a lively discus-     contribute to poverty and racial injustice.
     and chapters do not ac-                 sion on sentencing policy reform with com-              Its Campaign for Treatment Not Incar-
     cept collect calls.                     munity members and eight legislators – four         ceration is promoting return of judicial dis-
                                             Democrats and four Republicans – in atten-          cretion to judges sentencing nonviolent of-
        Legal cases. We cannot
                                             dance. The Wichita Eagle Beacon followed-           fenders and asking for an additional $30
     offer you legal representation
                                             up on the forum with an editorial endorsing         million to fund more treatment options. In
     or advice. Please do not send us
                                             H.B. 2231, in large part due to the success of      addition, FAMM also works with the coali-
     your legal work unless
                                             S.B.123.                                            tion to oppose legislative measures that im-
     we request it.
                                                                                                 pose draconian mandatory minimums.
                                                On January 4, Peter discussed the bill
        Case profiles. FAMM collects in-                                                         FAMM members will receive action e-alerts
                                             with more than 20 South Central Kansas
     formation on people serving manda-                                                          as the legislative process warrants.
                                             legislators at a Sedgwick County public
     tory minimum sentences for public       forum on key issues for the 2006 legislative           Justice Maryland also has a program
     education purposes. See the case        session. The NBC affiliate covered the event        that is seeking to restore voting rights for
     summary form on pages 21–22.            and interviewed Peter as part of a favorable        the formerly incarcerated.
                                             story on the legislation that aired on their
                                             nightly newscast.

12      FAMMGRAM         Spring 2006
FAMM asks Supreme Court to review good-time issue
      or years FAMM, has been at the              which the prisoner was sentenced. Because        The mistake lengthens the sentences of over
F     forefront of litigation efforts to          the accumulating credit shortens the             150,000 prisoners in BOP custody. It is based
change the way the Federal Bureau of Pris-        amount of time a prisoner has to serve, the      on the courts of appeals’ flawed interpreta-
ons (BOP) calculates good-conduct credit.         method results in fewer actual days cred-        tion of Supreme Court cases that tell the
Now we are asking the U. S. Supreme               ited. In fact, for every year of every pris-     courts how and when to defer to agency de-
Court to resolve the issue.                       oner’s sentence, the BOP shortens the            cisions. Furthermore, the courts that have
                                                  credit by seven full days. This means that a     ruled on the question arrived at their deci-
   In two of three cases awaiting Supreme
                                                  prisoner who has not “lost” good time            sions using a variety of reasons that form a
Court review FAMM has joined the National
                                                  through bad conduct receives only 47 days        sort of split among the circuits on a very im-
Association of Criminal Defense Lawyers
                                                  for every sentence year, instead of the 54       portant issue of statutory interpretation.
(NACDL) and the National Association of
                                                  days provided by law.
Federal Defenders (NAFD) in friends of the                                                             Visit www.famm.org for a copy of the
court, or amicus briefs. O’Donald v. Payne,          The Supreme Court grants reviews to           briefs and to learn if the Court will grant
No. 05-8504 and Mujahid v. Daniels, No.           very few of the hundreds of petitions filed      review. If it does, then the petitioner and
05-8678. All 73 federal public defenders          every year. Often, the court will grant in a     the government will file briefs “on the mer-
have also signed on to the amicus brief in        case where the circuit courts of appeals are     its” of their positions and FAMM and fel-
Mujahid.                                          divided, but such is not the case here. (See     low amici will join with our perspective.
                                                  “Earlier decisions,” on this page.)
   At issue is how the BOP calculates                                                                 FAMM thanks David Lewis of the ap-
good-time credit, which by statute is set at         In the absence of a circuit split, FAMM       pellate division, New York Federal Public
54 days per year. But the BOP bases its cal-      argues to the Supreme Court that the issue       Defenders, and Erwin Chemerinsky, Alston
culations on the amount of time a prisoner        presents a question of great practical and       and Bird Professor of Law, Duke Law
has served, not on the amount of time to          legal significance for a number of reasons.      School, for writing briefs on our behalf.



  Earlier decisions ruled
  against petitioners                                                                                                  Congressional
     Although FAMM worked several                 clear from the words of the statute. The                             directory
  years with excellent private attorneys          courts have then used a rule that it says di-
  and federal public defenders to represent       rects them to “defer” to the agency’s (in this                        Order the new directory for the
  good-time petitioners in the lower              case the BOP) interpretation of a statute if                          109th Congress to learn about
  courts, every circuit court considering         ambiguity cannot be resolved.                                         each member of Congress,
  the issue ruled against petitioners.                                                                                  how to contact them, the com-
                                                     Anticipating this response, litigants          mittees, and a host of important information. It’s
      (The 10th Circuit Court of Appeals is       further asserted that even if the statute is      a great tool for the FAMM activist. $10.
  currently reviewing a case and because          unclear, the courts should not defer to
  there are no federal prisons in the District    the agency’s interpretation before using          Send a $10 check to FAMM, 1612 K St., NW,
  of Columbia, that circuit has no case.)         what are called “traditional rules of                 Suite 700, Washington, D.C. 20006 or go to
                                                  statutory construction” to clear up the               famm.org and handle your transaction
      Litigants argued that the statute that                                                            online. Click the “Donate” button, choose
                                                  ambiguity. One of those tools is the
  grants good time, 18 U.S.C. § 3624(b),                                                                $10, and note “Congressional Directory”
                                                  “rule of lenity,” which directs courts to
  clearly provides that the 54 days, if earned,                                                         in the memo box when placing your order.
                                                  resolve ambiguous punishment laws in
  must be applied to reduce the sentence by
                                                  ways that favor the prisoner. The courts,         Call FAMM (202) 822-6700 to place your
  54 days. Nearly all the courts determined
                                                  however, largely ignored the rule of                  order.
  that the statute granting federal good time
                                                  lenity in reaching their decisions, despite
  is “ambiguous.” They have held that the
                                                  recent Supreme Court decisions affirm-
  method of determining good time (though
  not the maximum amount available) is un-
                                                  ing its use in related areas.                        Order it today!

                                                                                                           Spring 2006       FAMMGRAM               13
Crack sentences face new scrutiny in federal courts
                                                                                                           moved the language that made the guide-
   ince the
 S that gavelandmark Booker decision
             federal judges increased
                                                        punishment, circumstances of the offense
                                                        and the likelihood of rehabilitation. For ex-      line range mandatory but left the other fac-
sentencing discretion, some judges have                 ample, the court in Simon v. U.S., 361             tors. The report finds some courts are re-
imposed sentences in crack cocaine cases                F.Supp.2d 35 (E.D. N.Y. 2005) reasoned             examining the guideline range in light of
that fall well below the recommended                    that to give the guidelines more weight            the goals of sentencing.
guideline sentence.                                     would draw the court closer “to
                                                                                                                          In U.S. v. Perry, 389 F.Supp.2d
                                                        committing the act that Booker
   A January report by the Sentencing Pro-                                                                            278 (D.R.I. 2005), U.S. District
                                                        forbids,” by instituting “a de
ject, “Sentencing with Discretion: Crack                                                                              Judge William E. Smith – ap-
                                                        facto mandatory sentence.” The
Cocaine Sentencing After Booker,” analyzes                                                                            pointed by President George W.
                                                        court held that Simon’s guide-
24 federal cases involving crack cocaine of-                                                                          Bush – sentenced Perry to the
                                                        line range of 324-405 months
fenses in which the court issued sentences                                                                            mandatory minimum of 120
                                                        was too severe and sentenced
below the recommended guideline range.                                                                                months (10 years). Judge Smith
                                                        the defendant to 262 months
                                                                                                                      held that the 100:1 ratio between
    The report found one of the main issues             (21 years and 10 months).
                                                                                                           powder and crack cocaine produced a
the courts are confronting is how much in-
                                                           A number of courts in the report con-           guideline range (188 to 235 months) that
fluence the guidelines’ recommended sen-
                                                        cluded that the recommended guideline              “cannot stand up to the scrutiny of analysis
tence should have. The Supreme Court’s
                                                        ranges produced sentences in individual            under 18 U.S.C. § 3553,” and “is substan-
decision in Booker is silent on this issue; it
                                                        cases that would have been grossly dispro-         tially greater than is necessary to reflect the
only instructs lower courts to “take account
                                                        portionate to the sentencing goals of in 18        seriousness of the offense, to promote re-
of the guidelines together with other sen-
                                                        U.S.C. § 3553(a)(2)(A-D), that sentences           spect for the law, and to provide adequate
tencing goals.”
                                                        be “sufficient but not greater than neces-         general and specific deterrence.” Instead,
   Many district courts have opted to                   sary.” Before Booker, courts had no choice         the court would have chosen a sentence
weigh the guidelines equally with other                 but to apply the guideline range. Booker re-       using a ratio of 20:1, but it was still forced
sentencing factors, such as the goals of                                                                   to issue a mandatory minimum sentence of
                                                                                                           10 years for the charge of distributing crack
                                                                                                           cocaine within 1,000 feet of a school. The
     Words of caution about this trend                                                                     government has appealed this decision.
         Not all sentencing experts feel these judicial departures are a positive trend. “This may actu-       Also gaining new relevance is the §
     ally end up being a flash point for the post-Booker problems,” warns law professor Frank Bow-         3553(a)(1) provision that the court con-
     man, referring to the potential for a congressional backlash against judges exerting their new        sider “the nature and circumstances of the
     sentencing powers in this way.                                                                        offense and the history and characteristics
         This fear is warranted given how many bills have contained mandatory minimum sentences            of the defendant …” FAMM and other
     since Booker. Some members of Congress are using the now-advisory nature of the guidelines            sentencing reform organizations have long
     as an excuse to pack bills with harsh and wholly unnecessary mandatory minimums. Remem-               decried the inability of the guideline
     ber, Booker only gave judges discretion under the sentencing guidelines, not the mandatory            scheme to adequately incorporate these
     minimum laws which remain unchanged. Judges must still adhere to the five- and 10-year                considerations.
     penalties for five and 50 grams of crack cocaine. Only Congress can change the mandatory
                                                                                                              In U.S. v. Nellum, 2005 U.S. Dist. LEXIS
     minimum laws.
                                                                                                           1568 (N.D. Ind. 2005), the court consid-
         Also, the sentences highlighted in the Sentencing Project’s report were based on the individ-
                                                                                                           ered the defendant’s record as an Army vet-
     ual circumstances of each case. Future defendants coming before the same courts should not
                                                                                                           eran, his long period of drug-and crime-
     assume they will receive a similar sentence below the recommended guideline range simply
                                                                                                           free activity, his medical history, and his
     because they were convicted of crack cocaine offenses. In addition, the courts of appeals may
                                                                                                           history of addiction. The court also con-
     weigh in on what could be seen as a practice of policymaking by the courts, by rejecting low-
                                                                                                           templated the defendant’s age (57 years)
     ered crack cocaine sentences and directing the lower courts to avoid them.
                                                                                                           with respect to his likelihood to re-offend.
         Already, the First Circuit Court of Appeals has reversed one such sentence in United States v.
                                                                                                           “Under the guidelines, the age of the of-
     Pho, 433 F.3d 53 (1st Cir. 2005), finding that the sentence was incorrect “as a matter of law.”
                                                                                                           fender is not ordinarily relevant in deter-
     But the 11th Circuit has affirmed another in U.S. v. Williams, No. 05-11594 (11th Cir. Jan. 13,
                                                                                                           mining the sentence. But under §
     2006), holding that the lower court “gave specific, valid reasons for sentencing lower than the
                                                                                                           3553(a)(2)(c), age of the offender is plainly
     advisory range” and deeming the 90-month sentence “reasonable.”
                                                                                                           relevant to the issue of ‘protect[ing] the


14       FAMMGRAM            Spring 2006
                                                                                                                                             LITIGATION

public from further crimes of the defen-        five-year guideline sentence (and mandatory              and defendants convicted of possessing
dant.’” As a result, the court sentenced the    minimum sentence) while 500 grams of                     crack cocaine.” Considering the commis-
defendant to 108 months (nine years) as         powder triggers the same sentence.                       sion’s recommended 20:1 ratio along with
opposed to the recommended guideline                                                                     other sentencing factors and a substantial
                                                    In U.S. v. Smith, 359 F.Supp.2d 771
range of 168-210 months. (Appeal was dis-                                                                assistance departure, Judge Adelman issued
                                                (E.D. Wisc. 2005) U.S. District Judge Lynn
missed by motion of the U.S. attorney.)                                                                  a term of 18 months, significantly lower
                                                Adelman expansively scrutinized the his-
                                                                                                         than the recommended guideline range of
    Finally, the report concluded most judges   tory and relevance of the 100:1 ratio, citing
                                                                                                         121-151 months. (Appeal was dismissed on
considering crack guideline departures are      commission testimony and studies, and
                                                                                                         motion of the U.S. Attorney.)
relying on the sentencing commission’s pre-     found the ratio lacked justification. He
vious calls for revising the 100:1 ratio be-    concluded that “adherence to the guide-                     For a copy of the Sentencing Project’s
tween crack and powder cocaine. It takes        lines would result in a sentence greater                 report, contact The Sentencing Project, 514
just 1/100th the amount of crack cocaine to     than necessary and would also create un-                 10th St. N.W., Suite 1000, Washington, DC
receive the same sentence as for powder co-     warranted disparity between defendants                   20004 (202) 628-0871, www.sentencing-
caine: a mere five grams of crack triggers a    convicted of possessing powder cocaine                   project.org




New Jersey                                         As Dea testified, “this misnamed                      elect John Corzine’s corrections policy
(continued from page 1)                         ‘school-zone law’ has little to do with                  transition team, which will recommend
                                                schools or children…these laws do not                    policy priorities to the governor and his
legislators to re-introduce bills from last     work, are too broadly drawn to target in-                cabinet. In addition to urging reform of the
year to decrease the size of the protected      dividuals engaging in drug offenses in-                  “drug-free school zone law,” Dea encour-
school zones, which would reduce some of        volving children, and have uncon-                        aged the transition team to support the
the harshest impact of the laws.                scionably disproportionate consequences                  sentencing commission and to advocate for
                                                for citizens of color.”                                  “smart-on-crime” initiatives.
   Before the 2005 legislative session
ended, Dea DeWitt, N.J. project director,          Dea and Angelyn Frazer, FAMM’s                           Dea also submitted testimony in support
and Laura Sager, national campaign di-          national organizing director, continue to                of bill S. 2517, which authorizes courts to
rector, testified in support of proposed        build support for the bills and keep mem-                refrain from imposing driver’s license sus-
school-zone legislation cosponsored by          bers informed. Dea spoke in support of the               pension on persons convicted of drug of-
Assembly members Mary Previte (D-6)             reforms at a Drug Policy Alliance press con-             fenses if compelling circumstances exist.
and Peter Barnes (D-18). The bill passed        ference.                                                 The bill became law January 12.
out of committee before the end of ses-            On January 3, Dea testified before Gov.-
sion, and was reintroduced in the Assem-
bly on January 31 as A.B. 2189. Sen.
Bernard Kenny (D-33) pre-filed the bill
in the Senate.                                    Report recommends change to school-zone law

  The bills contain the sentencing com-           The N.J. Commission on Criminal Sentencing drew these conclusions about the school-zone law.
mission’s recommendations. They would                  The end result of the “urban effect” of drug-free zones in urban environments is that nearly
   • Reduce all drug-free zones in size to             every offender (96 percent) convicted and incarcerated for a drug-free zone offense is either
200 feet from the protected location (school           Black or Hispanic.
zones are currently 1,000 feet and public              The enormous, unbroken overlap of zones has diluted the special protection of schools the
zones are 500 feet);                                   law was originally intended to create and protect.
   • Remove any mandatory minimum pe-                  Reducing the zone size to 200 feet will make the zone law more effective and reduce the
riod of incarceration for the new zone of-             number of people of color disproportionately affected.
fense;                                                 The costs of mass incarceration of drug offenders have become a financial burden for the
  • Elevate the new zone offense to a sec-             state, and “might not constitute the most efficient use of public funds to promote public
ond degree crime, which carries a maxi-                safety…”
mum sentence of 10 years; and                     You’ll find a copy of the report at http://sentencing.nj.gov/publications.html.
  • Remove some barriers to treatment for
nonviolent drug offenders.



                                                                                                                  Spring 2006       FAMMGRAM           15
M. Abercrombie, E. Abramczyk, R. Adames, M. Adams, D. Adamson, F. Adamson, M. Adam-
son, L. Adelman, C. Adkins, E. Agee, D. Aguiar, L. Ahrens, . AICAP, W. Aikens, B. Alexander, C.
Alexander, T. Alexander, D. Allen, E. Allen, P. Allen, American Carpet Cleaners, K. Amero, T.
Amigdalos, C & P. Anderson, L. Anderson, S. Anllo, J. Appelbaum, E. Arceneaux, L. Arcuri, D.
Arneson, M. Arnould, L. Ashton, ML. Atkinson, P. Attig, M. Bailey, S. Bala, J. Balazs, L. Barch-
eski, P. Barnes, B. Barnhill, H. Baskins-Spears, B. Bates, R. Batey, P. Baucum, G. Baumblatt,
S. Bear, D. Beard, J. Beck, R. Beck, P. Beckner, B. Beckwith, B. Bedell, JH. Beek, D. Behler,
M. Bell, M. Belniak, D. Beman, J & M. Benson, M. Benson, W. Bern, P. Biderman, L. Bigbee,
W. Biliani, A. Bishawi, D. Blake, N. Blakney, J. Blinkoff, B. Bloom, J. Blount, J. Bogan, S.
Bolen, J. Bolton, M. Bonner, B. Boss, D. Boswell, E. Boucher, I. Bowen, M. Bowers, J & M.
Bowes, B. Bowman, P. Bowsher, B. Boyd, D. Breck, R. Breeden, B. Brenton, H. Bretan, W.
Bridgers, P. Brisson, L. Broadwell, T. Bromm, J. Brooks, W. Brower, C. Brown, D. Brown, E.
                                                                                                                Thanks for
                                                                                                                          hank you for your strong support of FAMM’s
Brown, K. Bryant, R. Buchheim, W. Buckman, A. Burchenal, J. Burke, T. Burkert, W. Burkert,
C. Burnstein, A & K. Bush, T. Bussert, B. Buster, P. Butler, D. Butts, A. Bynum, JM. Calia, D.
Callahan, M. Calvert, RL. Campbell, C. Cardin, J. Carlisle, SJ. Caroll, C. Carroll, BB. Carter,
G. Carter, L. Carter, R. Carter, B. Casas, M. Casseldine, G. Cecil, M. Chapman, J. Charnis,
                                                                                                        T              annual December fundraising drive. Your indi-
                                                                                                                   vidual contributions totaled more than $78,800,
                                                                                                        dollars that were matched in full by three anonymous major
JG. Chase, A & H. Chaset, D. Cheek, K. Cherrington, WR. Cherubini, A. Christova, B. Clark, B            donors. Your generosity is also matched by your diversity –
& C. Clark, C. Clark, D. Clark, C. Clements, B & J. Cloud, L. Coleman, D. Colister, M. Collette,        FAMM counts families, service providers, community leaders,
C. Colon, C. Conlen, B. Conn, JC. Conniff, D. Cotney, B. Countryman, J. Courson, L. Courter,            legal advocates and public officials among our donors.
B. Cowen, J. Cox, W. Cox, H & V. Craft, K. Craig, C. Crehore, J. Crew, F. Crisler, M. Crockett,             FAMM is especially grateful to the 338 incarcerated men
H & L. Cromwell, C. Csernica-Haas, D. Cullinane, M. Curry, CH. Dabbs, J & J. Dalbec, G.                 and women who made a point of sending stamps and checks
David, R. Davis, S. Davis, J. Dean, N. Dean, H & T. DeFranco, D. Degroat, M. Deitch, B. Deitte,
                                                                                                        in support of our work. We understand your sacrifice, and
V. DeMartins, M & R. Demers, C. Denko, S. Dennis, V. Depaulis, E. Dettinger, C. DeVore, S.
                                                                                                        thank you so much for your commitment.
Dill, R. Dipietro, J. Divietri, N. Dixon, T. Dooley, The. Douglas Family, M. Drake, S. Draper, I.
Drum, D. DuBuis, M. Ducoing, L. Dudley, R. Dunklau, P. Durban, R. Dyches, W. Dyson, V.
                                                                                                            With your contribution, FAMM fights mandatory mini-
Ealom, F. Eaman, C. Eaton, C. Eckhardt, S. Edeawo, A. Edelman, B. Edelman, A. Edin, B. Ed-              mums and other harsh sentencing policies across the country
wards, D. Egenberger, S. Ehlers, D & S. Eichenberger, M. Elliott, B. Ellis, D. English, M. Er-          with strategies that include grassroots organizing, policy
ickson, E. Esche, B. Evans, Z. Evans, A. Everhart, R. Fabry, P. Fahy, M. Fairbanks, E. Faison,          advocacy, litigation and media.
M. Fallon, T. Fallon, J. Farah, K. Farino, A. Farrar, J. Farrington, L. Fassler, D. Faulkingham,
C. Fauntleroy, D. Fausett, R. Federico, E & G. Ferguson, B. Fernandez, SM. Ferranti, L. Fil-
lion, B. Fisher, R. Fitzpatrick, MK. Flanigan, W. Flatau, J. Fleming, B. Fletcher, S. Flinn, P. Flom,
R. Fluker, S. Fluker, G. Fontenot, A. Fortner, J. Fournier, K. Fourre, G. Franco, C. Franz, R. Free-
land, P. Friedburg, E. Friedman, R. Frogge, B. Fruth, J. Frydman, S. Fuentes, G. Fulk, H. Fur-
                                                                                                        Federal and state advocacy
nish, J. Futch, P. Gaffney, A. Gainer, J. Galinsky, C. Galloway, P. Gambill, N & W. Garlinghouse,          In hearings before the U.S. Sentencing Commission, FAMM
P. Garren, T. Gaston, P. Gawne, T. Geers, P. Gegenheimer, L. George, E. Gholston, E. Gibbs, J.          urges long-term changes in the guidelines that embody the
Gilden, C. Giles, S. Giles, M. Gill, D. Gillett, C. Ginsberg, S. Giraldo, W. Gish, A. Gjesdahl, R.      core principles of the federal sentencing statute, including that
Glaser, M. Gleckler, F. Glover, N. Goldberg, P. Goldberger, B & M. Golder, J. Goldman, A. Golub,        punishment should be “sufficient, but not greater than neces-
J. Gongora, E. Gonzalez, R. Gonzalez, . Goodman-Davis, D. Gordon, P. Gordon, D. Gould, EJ.              sary” to achieve the goals of sentencing.
Goulden, M. Gradicone, J. Graf, S. Graganta, J.C.. Graham, S. Graham, K. Graue, C. Graves,                 FAMM mobilizes opposition to a harsh new drug sentenc-
E. Gray, L. Grazer, D. Green, J. Green, O. Green, G. Greenfield, L. Greenhouse, W. Greer, R.
                                                                                                        ing bill sought to add new mandatory minimum penalties and
Grimmett, JW. Grip, D. Grosse, D. Guerrero, J. Gullett, C. Guyton, J. Gwinn, S. Hacker, A. Had-
                                                                                                        radically alter the federal sentencing guidelines. The bill is
den, THP. Hahn, C. Hairston, M. Haloostock, W. Hamhardt, P. Hammon, M. Hampton, R. Ham-
                                                                                                        stopped.
stead, M. Hansen, T. Hardwick, T. Harmon, A. Harr, P. Harrington, V. Harrington, S. Hartz, J &
G. Haselow, H. Hawkins, R. Haworth, J. Hayden, D. Hayes, S. Haynes, E. Hazelwood, L. Hen-                  Some 120 FAMM members attend the first 2005 FAMM
ley, G. Hennessey, J. Henrigillis, M. Herman, O. Hernandez, B. Herron, D. Herron, T. Heskett,           Day at the Michigan Capitol to urge their lawmakers to “finish
D. Hess, B. Hewitt, A & P. Heymann, C. Hill, D. Hill, L. Hill, B. Hinson, MJ. Hock, J. Hodges,          the mandatory minimum drug law reforms of 2002.” State rep-
M. Hodges, S. Hoffman, T. Hoggard, L. Holbein, F. Holguin, L. Hollingsworth, J. Holmes, D &             resentative Bill McConico offers a set of bills that incorporate
H. Holveg, D. Hon, A. Hopkins, S. Hopwood , K. Horvat, J. Hoschild, RJ. Hoslett, D. Hostetter,          these recommendations.
A. Howard, D. Howard, L. Howard, V. Howard, L. Howell, P. Huckleberry, M. Huerta, A. Hug-                  FAMM testifies before the Kansas Sentencing Commission in
gins, E. Hughes, D. Humber, D. Husband, T. Hutchison, R & T. Iammarino, T. Imhof, R. Ingle,             favor of drug treatment alternatives to sentences for chemically
A. Ippolitto, R. Jackaway, M. Jackson, E. Jackson , A. Jackson-Clervoix, L. Jacobsen, J.                addicted individuals.
Jaffe, P. Jara, T. Jaramillo, L. Jarbo, B. Jarges, L. Jarrett, S. Jean-Pierre, C. Jefferson-Bey,
                                                                                                           Nearly 50 FAMM members from across the state meet with
F. Jeffery, GV. Jeffries, S & S. Jenks, D. Jewell, A. Johnson, B. Johnson, C. Johnson, E. John-
                                                                                                        their representatives at the third annual North Carolina
son, G. Johnson, H. Johnson, JD. Johnson, K. Johnson, N. Johnson, R. Johnson, T. Johnson,
W. Johnson, R. Johnston, R & N. Jolly, C. Jones, C & R. Jones, M. Jones, S. Jones, J. Jor-
                                                                                                        FAMM Legislative Day at the state capitol in Raleigh.
dan, D. Joseph, P. Kamlesh, W. Kaplan, M. Kapplehoff, C. Karafa, J. Kast, J. Kater, S. Katsi-
nas, L. Kavitz, R. Keller, S. Kelley, L. Kelly, M. Kelly, D. Kemper, R. Kenan, A. Kershner, J. Kidd,
L. King, D. Kinkela, L & L. Klinkel, V. Koch, C. Koller, M. Kottke, A. Kraut, K. Krehbiel, C.
Krushall, V. Kumar, P. Lackey, L. Lane, C. Lang, J. Langton, D. Lanier, R. Lantz, A. Larimore,
K. Larson, S. Latham, R. Latoria, D. Lawton, J. Laytart, L. Layton, S. Leah, LA. Leen, T. Le-
gendre, J. LeGrand, D. Letschka, B. Levine, R. Levine, G. Lewis, M. Lewis, S. Lewis, B. Li-



16       FAMMGRAM                 Spring 2006
                                                                   bretti, J. Libretti, K. Lightfoot, M. Limon, J. Little, L. Little, D. Little , J & R. Littlefield, D.
                                                                   Lochner, J. Logan, P. Loge, E. Lotke, J. Love, J. Lovejoy, DR. Lucey, M. Lukoc, G. Lyles, K.
                                                                   Lyles, P & R. Lyons, R. Macdonald, M. Mace, A. Mack, C. Mackey, B. Madden, A. Madonia, K.
                                                                   Majewski, S. Makelke, J. Malone, K. Maloney, R. Mann, P. Mannino, G. Manual, B. Man-
                                                                   zanares, L. Marble, C. Marquez, M. Marquez, P. Marshall, L. Martin, P. Martin, C. Martinez, E.




your help!                                                         Martinez, F. Martinez, M. Martinson, K. Mashburn, D. Mathis, E. Mathison, C. Mau, R. Mayer,
                                                                   S. Mayer, G. Mays, L. Mayzes, R. Mazur, S. McAfee, J. McAtee, K. McCalla, T. McClurge, J.
                                                                   McDonald, N. McElligott, N. McElroy, C. McElwee, W. McGarry, K. McIver, J. McKee, R. McK-
                                                                   own, C. McLaughlin, T. McPheeters, J. Meade, N. Medical, B. Meek, K. Meggers, J & S. Meier,
                                                                   D. Mendoza, J. Mendoza, P. Micklin, B. Middleton, G. Milano, D. Miles, E. Millan, A. Miller, B.
                                                                   Miller, J. Miller, Mrs. Miller, P. Miller, W. Milliken, J & J. Minor, L. Minto, K. Mishler, T. Mixen,
                                                                   D & N. Mongelli, B. Moore, P. Morales, L. Morford, C. Mornan, J. Morrell, M. Morris, B. Mor-
 Litigation and legal advocacy                                     rison, L. Morrison, F. Morrocco, J. Morrow, F. Morton, R. Mosley, M. Muhammad, R. Mullen,
                                                                   S. Murphy, R. Murrell, M. Mustafa, J. Nadelhoffer, E. Nadelmann, J. Nash, M. Nebon, L. Ne-
    FAMM provides a briefing sheet on the Booker                   gron, E. Neufeld, R. Neuhausser, F. Neumark, A. Newson, P. Newton, A. Nichols, G. Ninemire,
 decision explaining its impact on the sentencing guidelines       K. Ninemire, R. Nixon, S. Nixon-Scales, T. Nock, M. Norris, L & R. Novak, L. Nussbaum, R. Ny-
 and on prisoners’ sentences and outlining the potential for       strom, D. Occhiuto, D. Odebunmi, K. O’Dowd, K. Oglesby, R. Olds, V. Oletski-Behrends, R.
 continued reforms.                                                Oliver, B. O’Malley, K. Orehowsky, W. O’Reilly, R. Orellanes, J. Oreye, B. Ortega, LA. Ortega,
    FAMM supports litigation around the country to change the      G. Ortiz, E. Osborne, J. Osborne, T. Osbourne, T. Owens, D. Padden, S. Palmer, E. Panico, P.
                                                                   Panizzutti, D. Parham, D. Parker, C. Parkerson, T. Parkerson, R. Pastrana, R. Patterson, C.
 way the federal bar calculates good-time credit.
                                                                   Paukert, K. Payant, S. Pearlman, V. Pena, C. Pendleton, D. Peoples, C. Perez, A. Peri, L.
    FAMM supports cases in the federal courts of appeal chal-
                                                                   Perkins, T. Perrett, K. Perrow, R. Persson, B. Peters, A. Peterson, R. Peterson, K. Peterson-
 lenging the Bureau of Prisons on limits to halfway house stays.
                                                                   Knox, M. Piccarreta, E. Pierson, G. Piner, D. Polan, A. Politi, B. Polley, R. Pomranz, F. Pope, G.
                                                                   Porter, L. Porter, S. Porter, C. Potter, J. Potter, E. Powers, E. Preate Jr., S. Preston, CJ. Price,
                                                                   T. Price, H. Prince, R. Proctor, T. Proctor, M. Proud, N. Purk, N. Quevedo-Roque, L & W.
 Education and communication                                       Quigley, E. Quinones, M. Raben, A. Rademaker, J. Rahn, R. Raleigh, E. Ramirez, J. Ramos, L
                                                                   & R. Randolph, K. Randolph-Back, E. Rantzman, B. Rashid, J & M. Rashid, E. Raymond, M.
     FAMM organizes a teleconference of sentencing experts to      Raymond, W. Redpath, C. Reed, T. Reed, L. Reeves, C. Regan, J & L. Reicher, M. Reisig, S.
 respond to the Booker and Fanfan Supreme Court decisions.         Relerford, J. Rettenberger, D. Reynolds, J. Riccardi, C. Rice, A. Richardson, B. Richardson, T.
 The event draws more than 60 journalists and influences           Richardson, C. Rillman, M. Riske, W. Roach, H. Roark, B. Roberson, D. Roberts, R. Robertson,
 coverage in outlets that include the New York Times, the Wall     C. Robinson, G. Robinson, L. Robinson, N. Robinson, T. Robinson, JE. Robinson III, A. Robin-
 Street Journal, National Public Radio, and the News Hour          son-Dawkins, M. Rodriguez, A. Roebuck, R. Romero, E. Rose, D. Rosenbloom, K. Ross, D. Ro-
 with Jim Lehrer.                                                  toto, B. Rowland, E. Royce, H. Ruder, E. Rugiero, E. Rumsay, L. Runyan, R. Runyan, R. Rus-
                                                                   sel, R. Rutkowski, H. Ryan, G. Ryan-Kentros, S. Sady, L. Sager, P. Sager, P & S. Sager, S.
     At a packed press conference in Trenton, FAMM releases
                                                                   Salky, C. Sanchez, R. Santos, F. Sargent, D. Sarraulte, C. Savoy, A & B. Sax, S. Schaechter, D
 findings of a new poll showing that New Jersey residents
                                                                   & M. Schlitt, K. Schmeichel, H. Schmidt, R. Schneider, M. Schreter, A. Schultz, R. Scotkin, C.
 strongly support sentencing reforms. Articles appear in the
                                                                   Scott, J. Scott, P. Scott, A. Segrest, B. Selin, C. Sellors, R. Semler, J. Sewell, A. Shabazz, E.
 Newark Star-Ledger, the Trenton Times and the Trentonian.         Sharpley, J. Shaw, The. Shaw Family, A. Sheldon, S. Sheldon, A. Shelton, T. Sherlock, K. Sher-
     FAMM‘s “Facts on Methamphetamines” responds to new, ill-      rill, J. Shew, K. Shinners, R. Siaca, P. Sikes, H. Sikkema, S. Silverman, C. Simmons, C.
 considered mandatory sentencing laws based on a reported “epi-    Simms, J. Simpson, P. Sims, R. Sinnott, D. Sissons, G. Sitto, L. Skover , W. Slater, J. Slaugh-
 demic” of methamphetamine use and gang violence.                  ter, RD. Sleator, V. Sloan, A. Smith, J. Smith, R. Smith, S. Smith, G. Snyder, M. Soller, P.
     The quarterly FAMMGram and FAMM’s website –                   Solorzano, W. Somers, GW. Somes, N. Sonnett, AK. South, G. Spann, W. Spears, S. Spencer,
 www.famm.org – give thousands of readers news on sentenc-         T. Spencer, RL. Spillarts, S. Sporkin, P. St Angelo, R. Stafford, E. Staggers, H. Stajcar, P. Sta-
 ing issues and FAMM’s efforts, as well as the personal stories    jcar, A. Stanberry, L. Stand, P. Stark, C. Starzman, A. Steele, R. Stein, D. Steiner, M.
 of those affected by mandatory minimums.                          Stephens, S. Stephens, D. Stern, M. Stern, G. Stevens, C. Stewart, E. Stewart, J. Stewart, R.
     On Tax Day, April 15, FAMM volunteers ask the public “Do      Stoesen, S. Stone, R. Stoneburner, R. Storey, E. Stovall, H. Stovall, B & C. Stringfellow, C.
 you know where your taxes go?” in outreach events outside of      Stroud, T. Suits, G. Sullivan, I. Sullivan, P. Sullivan, L. Swanson, R. Swanson, C. Swarzen-
 post offices from Iowa to Florida.                                struber, R. Sykes, P. Szura, F. Tabor, J. Taddeo, B. Talouzi, J. Tamayo, P. Tape, C. Tauro, E.
                                                                   Taylor, J. Taylor, JD. Taylor, W. Taylor, E. Teal, J. Tennis, B & R. Thomas, C. Thomas, K.
     The October issue of Reader’s Digest features an article
                                                                   Thomas, M. Thomas, R. Thomas, T. Thomas, VC. Thomas, J. Thompson, E. Thost, E. Thur-
 about FAMM member Monica Clyburn, who is serving 15
                                                                   mond, D. Tibbetts, D. Tincher, A. Tinsey-Talabi, J. Tirpak, B. Tope, D. Torres, O. Torres, P.
 years in federal prison for signing a pawn slip for a gun
                                                                   Tozzi, J. Tracy, Y. Trotman, B. Truman, K. Truman, R. Tuer, M. Tyson, C. Valencia, S. Van Zoren,
 owned by her boyfriend. FAMM worked with the author in            M. Vance, J. VanWinkle, A. Vargas, AK. Vaugh, J. Vaughn, B. Vial, K. Vick, J. Vidal, V. Viranond,
 developing the story.                                             E. Voliton, J. Vopalka, S. Wachtler, H. Wade, E. Wagner, P. Wagner, M. Waldman, B. Walker,
     Media across the country quote FAMM on the changing           C. Walker, M. Wall, S. Washington, T. Watson, D. Watts, L. Watts, C. Webb, D. Webb, G. Webb,
 landscape in sentencing reform. The result? Significant edito-    B. Weggandt, C. Wehner, L. Welp, S. Welton, L. Wendel, I & P. Wender, P. Werley, J. Wesley,
 rials appear in the Los Angeles Times, Louisville Courier         C & W. West, E. Westbrook, M. Wheeler, R. Wheeler, P. Whisenant, A. White, D. White, N.
 Journal, the Miami Herald, USA Today, and the Washington          White, E. Whitney, C. Widener, R. Wielgosz, JL. Wilke, C. Williams, E. Williams, H. Williams,
 Post, and airtime on local and National Public Radio.             J. Williams, L. Williams, S. Williams, C. Wilson, M. Wilson, R. Wilson, E & R. Winsor, B. Win-
                                                                   ston, E. Wishnow, J. Withers, BL. Witte, S. Wofford, L. Woodard, W. Woodard, J. Wyatt, J &
                                                                   W. Wyatt, D. Young, D. Zlotnick, V. Zubko, J. Zuluaga



                                                                                                                  Spring 2006           FAMMGRAM                  17
                             FAMM members use tax day
                            to educate on sentencing laws
     When the taxman cometh on April 17          Pratt-Raffanel, director of operations.          sands nonviolent drug offenders and ex-
  this year – two days later than usual since    “Tax Day gives FAMM members a timely             plains mandatory sentencing laws. It also
  April 15 falls on a non-business day,          opportunity to educate citizens prison           shows how drug treatment is more effec-
  FAMM members will be out in force                                                                  tive in handling the drug problem and
  to hand out FAMM literature at post                                                                saves taxpayers money.
  offices across the country.                                                                           Many chapters participate in
     Despite the well-publicized filing                                                             FAMM’s Tax Day efforts, but individu-
  date for taxes and the availability of                                                            als can work on their own as well. Last
  electronic filing, many taxpayers con-                                                            year, FAMM members distributed lit-
  tinue to procrastinate, waiting until                                                             erature in Maryland, Iowa, California,
  the last day to take their returns to the                                                         Florida, Georgia, Kansas, Minnesota,
  post office.                                   costs that are driven by mandatory sen-          Oklahoma, North Carolina and Utah.
                                                 tencing laws.”
     “As these people head to their local                                                            To find out how you can help, contact
  post offices to get their returns stamped          Central to the effort is a brochure,
                                                                                                  your local FAMM chapter coordinator or
  before midnight, they are less than en-        “Do you know where your taxes go?” It
                                                                                                  Andrea Strong, FAMM’s membership co-
  thusiastic about paying their taxes and        examines current national sentencing
                                                                                                  ordinator. (Telephone numbers are on
  usually quite surprised to hear how costly     policies that cost taxpayers $23,000 annu-
                                                                                                  page 23.)
  the federal prison system is,” said Monica     ally to incarcerate each of tens of thou-



New presentations                               with an audience of African Americans;            Iowa members send
explain FAMM,                                       • Where are they all gone? The impact of      cards to 120 in prison
                                                mandatory sentences on Latinos – a presen-
sentencing laws                                                                                      Members of the FAMM chapter in Cedar
                                                tation for use with a Latino audience; and
   Four new FAMM power-point presenta-              • Youth at risk: The impact of manda-         Rapids, Iowa, sent Christmas cards to more
tions help explain the need to change the       tory minimum sentences on youth – a pres-         than 120 incarcerated men and women.
nation’s mandatory minimum drug sen-            entation for high school or college groups.           “We all bought snacks, shared food
tencing laws and how FAMM works to                                                                and stories, and signed Christmas cards,”
change them. They have been sent to                                                               said coordinator Joann Jordan. “We had a
FAMM coordinators and ambassadors to
                                                Holiday cheer fills                               good night, and I am getting a lot of nice
use at meetings with community, political       Washington meeting                                letters thanking us. “Our cards were all
and religious organizations.                        At most FAMM meetings, Washington-            many got and they were glad there are
   FAMM members interested in using the         area members are mostly business. They            people who care.”
presentations can download them from the        tell about their incarcerated family mem-
FAMM website, www.famm.org. A guide             bers and then a member of the FAMM na-
                                                                                                  Edeawo meets judge
for using the presentations is also available   tional staff updates them on current legisla-
                                                tion and litigation.                                 Savannah ambassador Sky Edeawo dis-
on the website.
                                                                                                  cussed FAMM with Judge Louisa Abbot, a
                                                    December is different. Members bring
    The four are:                                                                                 local Superior Court judge, and her staff at-
                                                food to share and gather to celebrate the sea-
    • Mandatory minimum sentencing: A                                                             torney, Lisa Colbert. Judge Abbot, who has
                                                son, and in years past, Dennis Sobin has played
failed policy – a presentation for general                                                        shown interest and support for Sky’s work
                                                his guitar and led the group in singing Christ-
audiences;                                                                                        with incarcerated and formerly incarcerated
                                                mas carols. This year members gathered as
    • Where have they all gone? The impact                                                        women and youth, was also interested
                                                usual, but Dennis had another commitment.
of mandatory minimum sentences on                                                                 FAMM.
                                                In his stead, Chris Walke, son of FAMM gen-
African Americans – a presentation for use
                                                eral counsel Mary Price, played his guitar.

18    FAMMGRAM          Spring 2006
Litigation continues on halfway house eligibility
             continues concerning
 L itigationhouse practices of the
   halfway                                                       What this means to you
federal Bureau of Prisons (BOP).                                     If you are incarcerated at institutions within the 3rd Circuit (Pennsylvania, New Jersey, Delaware),
   In December 2002, the BOP unexpect-                           Woodall means the BOP should consider halfway house placement eligibility without regard to the Febru-
                                                                 ary 2005 rule. (See BOP Program Statement 7310.04, Community Corrections Center (CCC) Utilization and
edly changed its historic halfway house
                                                                 Transfer Procedure, (Dec. 16, 1998.) In other words, prisoners should ordinarily be considered for up to
practices by limiting prisoners’ placement
                                                                 180 days’ halfway house placement without regard to sentence length. Woodall should also call into ques-
at Community Corrections Centers                                 tion the bureau’s stated refusal to place individuals serving relatively short sentences directly at CCCs.
(CCCs), with limited exceptions, to the                              Those housed in other areas of the country must still mount legal challenges to the February
final 10 percent of one’s time served                            2005 rule to secure greater halfway house time eligibility. If you are considering such an action,
(sentence length less good-time credit),                         please remember the following.
up to six months.1                                                   The 10 percent rule effects those sentenced to 70 months or less, as others remain eligible for
    After the only two appellate courts to                           six months’ halfway house.
                                                                     The issue is one of eligibility not entitlement; courts striking down the December 2002 and Feb-
rule on prisoner challenges to these changes
                                                                     ruary 2005 rules have not ordered the BOP to place successful litigants in a halfway house for
declared the changes unlawful, the BOP
                                                                     six months. Instead, the BOP has been ordered to reconsider a prisoner’s halfway house trans-
tried again by submitting the new rule for                           fer date without regard to the unlawful restriction.
“notice-and-comment” in the Federal Regis-                           Home confinement is still limited by 18 U.S.C. § 3624(c) to the final 10 percent of one’s time
ter.2 (The notice-and-comment process is                             served; that is, the BOP is expressly guided by statute when considering such designations.
the procedure federal agencies follow when
adopting new rules or changing existing
ones.) One reason the courts rejected the                     correctly ignores the enumerated factors that             is unclear, the Woodall court disagreed.
December 2002 rule was that the BOP failed                    the bureau must consider under 18 U.S.C. §                    The court said Congress’s intent was
to follow that process. The ‘new’ rules,                      3621(b) when making placement and trans-                  clear: the bureau is obliged to make individ-
which went into effect in February 2005,                      fer determinations. Woodall v. Federal Bu-                ualized placement determinations that ac-
implement the same 10 percent restriction                     reau of Prisons, 432 F.3d 235 (3d Cir. 2005).             count for all § 3621(b) considerations. Even
as the December 2002 change.                                  Where the BOP argued that the courts                      if congressional intent were vague, the court
                                                              should defer to its determination because                 found that February 2005 rule is based on
    Litigation concerning the February 2005
                                                              the statute governing use of halfway houses               flawed interpretation of the statute and thus
change has been as intense as that over its
predecessor. FAMM, with the assistance of
the law firm of Fried, Frank, Harris, Shriver
& Jacobson and Litigation Advisory Board                      VA aids transitioning veterans
members Peter Goldberger and Todd
Bussert, submitted an amicus brief in the
first court of appeals’ challenge to the 2005                  A variety of Veterans Administration
                                                                 (VA) Medical Centers have coordi-
                                                                                                                        Health Care for Homeless Veteran
                                                                                                                        (HCHV) programs to provide reentry and
rule. But before the court could rule the                     nated and/or formalized agreements with                   support services, Schaffer writes. Among
prisoner was released on his 10 percent date.                 local penal institutions to either provide di-            services and support being provided in-
                                                              rect services to incarcerated veterans, or                clude psycho-education and support pro-
  This past December, however, the U.S.
                                                              more commonly, to provide pre release                     gramming, incarcerated veteran resource
Court of Appeals for the 3rd Circuit struck
                                                              outreach, according Bradley Schaffer, VA                  manuals for veterans and families, prere-
down the February 2005 rule because it in-
                                                              Medical Center, Cincinnati.                               lease services to help veterans’ transition
                                                                  Historically, veterans under charges, in-             back to the community and post-release
1. See “Halfway house policy change curtails placement
                                                              carceration or on parole do not forfeit their             linkage to residential programs to assist
opportunities,” Spring 2003 FAMMGram, page 26; “Front
or back, a halfway house is still a correctional facility,”   eligibility for VA medical care, but VA does              the veteran in seeking housing, employ-
Winter 2003 FAMMGram, page 27; “Developments con-             not, and never has, operated health care fa-              ment, vocational, primary care and men-
tinue in halfway house litigation effort,” Spring 2004                                                                  tal health treatments.
FAMMGram, page 15.                                            cilities which are equipped to care for indi-
2. “Cases question halfway house rule” (discussing
                                                              viduals requiring criminal incarceration (38                 Check with the nearest VA office for fur-
Goldings v. Winn, 383 F.3d 17 (1st Cir. 2004) and Elwood      U.S.C. 1710(g)).                                          ther information or go to the VA website,
v. Jeter, 386 F.3d 842 (8th Cir. 2004)), Winter 2004 FAM-                                                               www.va.gov.
                                                                 Most VA staff work through their
MGram, page 20.

                                                                                                                                 Spring 2006        FAMMGRAM              19
                                                                                 PRISON NEWS

invalid. Likewise, the appellate panel rejected   apprenticeship courses; library resources;
the BOP’s assertion that it had properly          availability of UNICOR; counseling, health
                                                                                                    Where are
taken a categorical approach to the halfway
house issue. The court found that such a cat-
                                                  and religious services; smoking areas; fitness/
                                                  recreation resources; telephone, commissary,
                                                                                                    they now?
egorical approach ignores the § 3621(b)           mail, and visitation policies; and lodgings and
mandate that the bureau make individual-
ized determinations about where to house
                                                  accommodations near the facility.
                                                                                                                    now 36, served almost
                                                                                                    S erena Nunn,16-year drug sentence
                                                                                                      11 years of a
                                                      Several chapters discuss various aspects      before receiving a presidential commuta-
prisoners without limitations.                    of the federal criminal justice system that       tion in July 2000. After her release, she
                                                  are specific to both legal professionals and      earned a degree in political science from
                                                  incarcerated persons.
Prison guidebook helps                                                                              Arizona State University and in May fin-
understand system                                     Because the BOP operates over 100 facil-      ishes a law degree from the University of
                                                  ities, the guidebook can be helpful when an       Michigan.
   The 2005-2006 edition of the “Federal
                                                  incarcerated person is transferred to an-            Serena’s perseverance in becoming a
Prison Guidebook” is now available. It is
                                                  other facility and wants to know what to ex-      lawyer was guided in part by a lesson she
an informative reference manual for attor-
                                                  pect there. The paperback edition is $79.95,      learned from her grandmother, she told
neys, judges, defendants, incarcerated per-
                                                  but the cost is only $29.95 for those who are     the St. Paul Pioneer Press in January. “It
sons and their families wanting to learn
                                                  incarcerated or family members sending a          was to never let go of your dreams, and to
more about the federal Bureau of Prisons
                                                  copy to them. Go to www.alanellis.com for         accept whatever happens in your life, you
(BOP) facilities and practices.
                                                  an order form or contact the law offices of       just outlive the bad things by pushing on
    Listing almost every BOP facility and re-     Alan Ellis: 910 Irwin Street, San Rafael, CA      and doing the good things.”
gional office, the guidebook details various      94901, (415) 460-1430.
                                                                                                       “The greatest joy for me so far, and
programs and aspects of prison life at each fa-
                                                                                                    something I want to pursue, is to help poor
cility, including educational, vocational, and
                                                  Sisters offer women                               and indigent people who seem to have no
                                                                                                    voice in society,” Serena said in the inter-
                                                  a transitional home
                                                                                                    view. “I also want to speak to people, partic-
  FAMM thanks                                        The Sisters of St. Francis now offer a         ularly young people, about the need for
  Pekin women                                     helping hand to women leaving Iowa’s three        them to understand how one wrong deci-
  for contribution                                women’s prisons: a transitional home that         sion can have such an impact or conse-
                                                  provides a supportive community and men-          quence in one’s life.”
      FAMM extends a heartfelt thanks
                                                  toring for the women as they begin to
  to the women of FCI Pekin who con-                                                                   After serving six years of a 19-year,
                                                  reestablish themselves in the community.
  tributed $680 to FAMM during the                                                                  seven-month sentence, Loretta Fish re-
  recent matching grant drive.                       Sister Gwen Hennessey, an Iowa FAMM            ceived a commutation from President
                                                  member, is the live-in manager of the new         Clinton on his last day in office in January
     Ruth Carter and Diana Webb, who
                                                  Clare Guest House, a nondenominational            2001. FAMM’s efforts to seek commuta-
  helped organize the campaign, give
                                                  home in Sioux City. She gained an under-          tions for FAMM members helped secure
  special thanks to the FCI personnel
                                                  standing of the homes’ residents from her         the releases of Fish and 16 others.
  who made the fund drive possible: R.
                                                  own prison sentence for civil disobedience.
  Veach, warden; Lori Colley, camp ad-                                                                  After obtaining her freedom, Loretta spent
                                                  “I walked the walk,” she told the Sioux City
  ministrator; Cleo Jones, camp educa-                                                              two years in the Lehigh Valley of Pennsylvania
                                                  Journal. “I know a bit about what it’s like
  tion; and Paul Sailor, staff facilitator.                                                         and then returned to Alderson, W. Va., to visit
                                                  to be looked at and treated as an object.”
                                                                                                    a friend with whom she had served time.
      They also thank members of the
                                                     Women must commit to stay at the               While in West Virginia she also looked up her
  FAMM committee: Lori Kavitz,
                                                  home for at least two months and no more          retired prison counselor, whom she married
  Mandy Martinson, Chris Williams,
                                                  than six months. They must look for work,         two months later. Now 49, Loretta completed
  Susan Bala, Joyce Ramos, Deloris
                                                  meet regularly with their mentors, partici-       a one-year program to become a licensed
  Lymas and Deb Parham collected
                                                  pate in the house’s community life and            practical nurse but, because of her felony
  donations, and Julie Rettenberger
                                                  help with chores. No drugs or alcohol are         record, has faced employment hurdles.
  constructed a banner for the event.
                                                  permitted, and a nightly curfew exists.               “Everyone makes a mistake in life,” Fish
  The 42 names of those who con-
  tributed $10 or more are included in              Donations may be sent to Sr. Gwen               told the Allentown, Pa., Morning Call in
  the honor roll of FAMM donors,                  Hennessey, Clare Guest House, 1918                January. “I feel anyone that shows a sincere
  page 16.                                        Douglas, Sioux City, IA 51104.                    effort at changing their life around deserves
                                                                                                    a second chance.”


20     FAMMGRAM          Spring 2006
                                                    1612 K Street NW, Suite 700, Washington, DC 20006 • (202) 822-6700 • fax (202) 822-6704 • www.famm.org
      Families Against Mandatory Minimums



                                            CASE SUMMARY
               Name _____________________________________________                  ❏ Federal Charge           ❏ State Charge
               ID# _______________________________________________                 Education __________________________________________
               Prison_____________________________________________
                                                                                   Prisoner’s Date of Birth _______________________________
               Address ___________________________________________
                                                                                   Ethnicity ___________________Race ___________________
               City_______________________________________________
               State _____________________Zip _____________________                US Citizen? ❏ yes ❏ no If not, what country? __________



      OFFENSE                                                                      Judge’s name_________________________________________
                                                                                   Court ___________________Date of sentencing_____________
Year and state in which offense occurred ___________________
                                                                                   County ______________________________________________
Type(s) of drug(s) ______________________________________
                                                                                   Estimated release date__________________________________
               Weight ____________________________________________
                                                                                   Have you filed a direct appeal? ❏ yes ❏ no Date_______
    If not drugs, other charge _______________________________
                                                                                   Have you filed any post-conviction motions? ❏ yes ❏ no
Were weapons involved in the offense?                  ❏ yes      ❏ no
               If yes, what type(s)? _________________________________                  Date______________

Were you convicted for a weapons offense?                   ❏ yes ❏ no             Was your sentence increased for weapons?            ❏ yes ❏ no

                                                                                   Were you convicted/charged with conspiracy? ❏ yes ❏ no

      SENTENCE                                                                     Was a confidential informant involved?              ❏ yes ❏ no

Length of sentence: years__________ months____________                             Did the informant get a shorter sentence?           ❏ yes ❏ no

Was the prisoner sentenced to a mandatory minimum                                  Were any drugs seized?                              ❏ yes ❏ no

sentence?                ❏ yes     ❏ no                                            Do you have any prior offense(s)?                   ❏ yes ❏ no

Habitual offender/3 Strikes?               ❏ yes     ❏ no                              If yes, list offense(s) and year(s): _______________________

                a. Original Guideline Level____________________________                 _________________________________________________
FEDERAL ONLY




                b. Adjusted Guideline Level ___________________________                 _________________________________________________

                c. Did you benefit from the safety valve? ❏ yes       ❏ no              _________________________________________________

                d. Did you receive a mitigating role adjustment? ❏ yes ❏ no        Did the judge depart from the mandatory sentence or guidelines?
                                                                                       ❏ yes ❏ no
Was there a plea bargain?                 ❏ yes     ❏ no
                                                                                   Explain: _____________________________________________
Trial?               ❏ yes     ❏ no
                                                                                    ____________________________________________________
Forfeiture?               ❏ yes     ❏ no
                                                                                    ____________________________________________________
If yes, what kind?                ❏ criminal      ❏ civil



                                                                                                                        Spring 2006     FAMMGRAM             21
 SYMPATHETIC FACTORS                                                  FAMILY

At sentencing, did the judge say he/she wished he/she didn’t         Number of children____________ ages____________________
have to give you such a long sentence? ❏ yes ❏ no
                                                                     Family’s distance from prisoner, in miles ___________________
   Please include summary of statement. ___________________
                                                                     Who supports family? __________________________________
 ___________________________________________________
 ___________________________________________________                 Who cares for children?_________________________________

 ___________________________________________________
                                                                      OUTSIDE CONTACTS
 ___________________________________________________
List any health problems: _______________________________            Name of lawyer(s)/public defender ________________________
  ___________________________________________________                Lawyer’s telephone (         ) ____________________________
Do you have substance abuse problems?      ❏ yes ❏ no
                                                                     Contact on the outside authorized to provide additional facts
If yes, any treatment received? ___________________________
                                                                     about the case:
                                                                        Name_____________________________________________
 DOCUMENTATION
                                                                        Relation to prisoner _________________________________
Are any of the following available for reference, if
necessary? (Please do not send unless requested.)                       Address___________________________________________

   ❏ Presentence report (PSR) ❏ Sentencing transcripts                   _________________________________________________

   ❏ Media clippings               ❏ Photo of prisoner/family           City ______________________________________________
                                                                        State ______________________Zip____________________
                                                                        Telephone (day)_____________________________________
                                                                        Telephone (evening) _________________________________
                                                                        Fax ______________________________________________
                                                                        Email_____________________________________________


On a separate sheet, please write a brief personal account of what happened (1-2 pages) and list any additional factors you believe
may assist us in understanding your case.

 RELEASE FORM

FAMM works to repeal mandatory minimum sentences by publi-              I hereby release Families Against Mandatory Minimums,
cizing cases that dramatize the unfairness of these laws. FAMM          Families Against Mandatory Minimums Foundation, and any
does not employ attorneys to represent individual cases. It is es-      news organization from any liability whatsoever from any
sential that the facts represented by FAMM and reported in this         cause and for any reason, in connection with the release,
summary be accurate. If you do not know an answer, write “don’t         dissemination, and publication of statements and informa-
know.” There may be a risk that publicized cases might draw a           tion about me and the crimes for which I have been charged
critical reaction. If you do not want your case publicized, do not      or convicted.
put your signature at the bottom of this form.
                                                                        Prisoner’s signature _______________________________

                                                                        Date____________________________________________
                Families Against Mandatory Minimums

        1612 K Street NW, Suite 700 • Washington, DC 20006              ❏ photo enclosed
       (202) 822-6700 • fax (202) 822-6704 • www.famm.org



  22    FAMMGRAM          Spring 2006
The names and addresses of FAMM chapter coordinators and ambassadors,           not accept collect calls. If you can’t reach a volunteer, call Andrea Strong,
or those hoping to organize chapters in their areas, are listed below. Please   (859) 586-6863. Continue to send all correspondence and membership
get involved with the group in your area to develop local activities. Remem-    forms to FAMM, 1612 K St. N.W., Suite 700, Washington, DC 20006.
ber, the volunteers are donating their time and resources to FAMM and do        *Indicates a new chapter or change of address.

Chapters                        Ambassadors
ARKANSAS                        CALIFORNIA                       MASSACHUSETTS                   OREGON                              WISCONSIN
Barbara Wilder                  Craig and Sharon North           Marie Russo                     Lorraine Heller                     Robin Baldeh
P.O. Box 67                     P.O. Box 4012                    P.O. Box 365                    9601 NW Leahy Rd., #301             120 1/2 East James Street
Mayflower, AR 72106             Yankee Hill, CA 95965            Revere, MA 02151                Portland, OR 97229                  Columbus, WI 53925
(501) 327-6112                  (530) 534-5121 (phone/fax)       (781) 334-5947                  (503) 292-5364                      (920) 623-9767
bwilder@conwaycorp.net          snorth11@dcsi.net                russomarie@aol.com              lorraine@trillium-hollow.org        mbaldeh@sbcglobal.net
                                                                                                                                     Carla Widener
FLORIDA                         FLORIDA                          MISSOURI                        TENNESSEE
                                                                                                                                     6828 W. Wisconsin Ave.
Bob Batey                       Ruth Kelley                      *Ollie Stewart                  Rita Wilbourn
                                                                                                                                     Wauwatosa, WI 53213
1401 61st St. South             P.O. Box 11083                   3017 Park Avenue                Tracy Long
                                                                                                                                     (414) 476-4599
St. Petersburg, FL 33707        Ft. Lauderdale, FL 33339         St. Louis, MO 63104             P.O. Box 435
(727) 562-7852                  (954) 776-4934                   (314) 664-5024                  Whitwell, TN 37397                  Gale McKnight
batey@law.stetson.edu           RNK4729@bellsouth.net                                            (423) 658-2577                      423 Hatten Ave., Apt. 228
                                                                 Jan Wood                                                            Rice Lake, WI 54868
                                Susan Kennedy Morin              P.O. Box 30304
GEORGIA                                                                                          TEXAS                               (715) 736-1920
                                P.O. Box 771952                  Kansas City, MO 64112
Cathryn Ferrigno                                                                                 Bill Boman
                                Ocala, FL 34777                  (816) 803-3457
P.O. Box 566802                                                                                  P.O. Box 75123
                                (352) 344-3415                   janrwood@hotmail.com
Atlanta, GA 31156                                                                                Houston, TX 77234
                                Susieq1701@earthlink.net
(404) 808-8845                                                                                   (713) 944-4700
                                                                 NEBRASKA
catferrigno@hotmail.com                                                                          (713) 944-4722 (fax)
                                GEORGIA                          Dorothy Behler
                                                                                                 gulfcoastdelivery@earthlink.net
                                Sky Edeawo                       P.O. Box 501
IOWA
                                P.O. Box 61660                   Valley, NE 68064                WEST VIRGINIA
Joann Jordan
                                Savannah, GA 31420               (402) 625-2575                  Michael Lemery
P.O. Box 8092
                                (912) 351-1681                   db91255@hotmail.com             496 Easton Mill Road
Cedar Rapids, IA 52408
(319) 396-5740                  Mamasky07@aol.com                                                Morgantown, WV 26508
                                                                 NEW HAMPSHIRE                   (304) 296-5980
mapekin@mcleodusa.net
                                KANSAS                           Nancy Brown                     lemery@adelphia.net
MARYLAND                        Sandi Marion                     P.O. Box 365
Bessie Morgan                   P.O. Box 22                      Revere, MA 02151
3610 Tyrol Drive                Atlanta, KS 67008                (603) 436-7861
Springdale, MD 20774            (620) 394-2734                   nrgbrown@aol.com
(301) 386-3417                  sjmarion@sktc.net
                                                                 NEW YORK
                                KENTUCKY                         James Muscoreil, Sr.
MICHIGAN
                                Mary Leah Atkinson               3505 Wilson-Cambria Rd.
                                                                                                    Chapter meetings
JeDonna Young
P.O. Box 15007                  3175 Roxburg                     Wilson, NY 14172                   ARKANSAS. Little Rock. Second Tuesday, 6-7:45 p.m. Main
Lansing, MI 48901-5007          Lexington, KY 40503              (716) 751-9213
                                                                                                    Library, 100 Rock St. Call (501) 327-6112 to confirm.
(313) 835-1840 or               (859) 223-7304                   jmuscoreil@adelphia.net
(517) 487-1261                  leahwasong@msn.com                                                  FLORIDA. Tampa/St. Petersburg. Third Wednesday. Call (727)
                                                                 OHIO                               562-7852 to confirm.
                                MARYLAND                         Delphine Fuller
                                Sylvia Williams                  3301 N Erie St.                    GEORGIA. Atlanta. Third Thursday, 6:30 pm, St. John’s
                                513 E. 41st                      Toledo, OH 43611                   Lutheran Church, 1410 Ponce de Leon Ave. Call
                                Baltimore, MD 21218              (419) 727-8266                     (404) 808-8845 for information.
                                (410) 323-3775
                                BigSyl2003@yahoo.com             OKLAHOMA                           IOWA. Cedar Rapids. Third Wednesday, 7 p.m., Cedar Rapids
                                                                 Dianne Hunter                      Public Library. Call (319) 396-5740 to confirm.
                                                                 3100 Garden Vista
                                                                 Edmond, OK 73034                   MARYLAND. Prince George’s County. Fourth Saturday,
Questions?                                                       (405) 844-0816                     10 a.m., First Baptist Church of Highland Park in Landover.
                                                                 diannehunter711@hotmail.com        Call (301) 386-3417 to confirm.
Contact FAMM’s director of
member services:                                                                                    MICHIGAN. Detroit. Last Saturday. (New location) Fellow-
                                                                                                    ship Church, 7707 W. Outer Drive. Call (313) 835-1840 or
 Andrea Strong                                                                                      (517) 487-1261 for info or (313) 531-5980 for directions.
 6018 Ethan Drive
 Burlington, KY 41005                                                                               WASHINGTON, D.C. Usually first Saturday, 10 a.m., Christ
 (859) 586-6863 (phone/fax)                                                                         Church, 620 G Street, SE. Call (202) 822-6700 to confirm.
 famm@famm.org



                                                                                                                       Spring 2006         FAMMGRAM               23
FAMM offices
   FAMM National Office
   1612 K Street NW, Suite 700
   Washington, DC 20006
   famm@famm.org
   (202) 822-6700
   (202) 822-6704 fax

   MICHIGAN State Office
   P.O. Box 15007
   Lansing, MI 48901-5007
   (517) 487-1261, Tom Burkert
   (517) 487-1226, Laura Sager
   (517) 487-1756 fax, days only
                                                        Help commemorate FAMM’s
   NEW JERSEY State Office                                 15 years of advocacy
   119 S. Warren Street
   2nd Floor, Unit 2
   Trenton, NJ 08608                                   In 1991, Julie Stewart founded Families Against
   (609) 392-0050, Dea DeWitt                        Mandatory Minimums. This fall FAMM will mark its
   (609) 392-5084 2nd line                           15th year of advocacy with a gala fundraising dinner
   (609) 392-7923 fax
                                                      in Washington, D.C. FAMM will also host a panel
   NORTH CAROLINA State Office                            discussion on Capitol Hill to mark the 20th
   115 Market Street, Suite 360-C                      anniversary of mandatory minimum sentences.
   Durham, NC 27701
   (919) 530-8077, LaFonda Jones-General               Look for the date and further information about
   (919) 530-8079 fax                                  the two events in the next issue of FAMMGram.




                                                                                                            NONPROFIT
                                                                                                            US POSTAGE
                                                                                                               PAID
FAMILIES AGAINST MANDATORY MINIMUMS                                                                         Merrifield, VA
                                                                                                            Permit 1228
1612 K Street NW, Suite 700 | Washington, DC 20006
Tel: (202) 822-6700 | Fax: (202) 822-6704
Email: famm@famm.org | Website: www.famm.org




F
G
Spring
 2006

				
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