Pubdate: Tue, 14 Jul 2015 Source: Baltimore Sun (MD) Copyright: 2015 The Baltimore Sun Company Contact: http://www.baltimoresun.com/ Details: http://www.mapinc.org/media/37 Authors: Timothy M. Phelps and Colin Diersing, Tribune Washington Bureau OBAMA COMMUTES 46 DRUG SENTENCES Move Is Part of Drive to Reform Criminal Justice WASHINGTON - President Barack Obama commuted the sentences of 46 nonviolent drug offenders Monday, doubling the total number of clemencies he has granted as the administration seeks to correct what many see as the wrongs inflicted by mandatory-minimum prison sentences. They included Norman O'Neal Brown, a Prince George's County man who was sentenced to life in prison in 1993 on charges of possessing and distributing crack cocaine. The latest clemencies brought Obama's total commutations to the largest figure of any president since Lyndon B. Johnson. Decades after the tough-on-crime era of the 1980s and 1990s, the Obama administration is hoping to combine the president's commutation powers with reforms to Justice Department sentencing policies and support from sympathetic Republicans in Congress to change sentencing policies that have had a disproportionate effect on African-Americans and Hispanics. "These men and women were not violent criminals. ... Their punishments didn't fit the crime," Obama said in a Facebook video posted Monday, showing him signing the commutations. "I believe that America, at its heart, is a nation of second chances, and I believe these folks deserve their second chance." Obama plans to lay out the case for comprehensive criminal justice reform in a major speech to the NAACP in Philadelphia today. In Oklahoma on Thursday, he will become the first sitting president to go inside a federal correctional facility. Noting that the United States spends $80 billion a year on incarcerations, Obama said many drug offenders convicted under old laws are serving 20-year sentences, and even life terms, for crimes that would receive far lesser punishments under current guidelines. One of those granted clemency Monday was John Wyatt of Las Cruces, N.M. He was sentenced in 2004 to 21 years for possession of marijuana with intent to distribute. The sentence was longer, in part, because he had previously walked away from a halfway house. Another was Telisha Watkins, who, according to the advocacy group Families Against Mandatory Minimums, was addicted to drugs by the age of14 and dropped out of ninth grade while pregnant. Because of prior drug convictions and mandatorysentences, she was sentenced to 20 years in 2007 for acting as an intermediary to help a friend buy 18 ounces of cocaine. Brown, of Hyattsville, was one of 23 alleged members of a large-scale drug distribution network in the District of Columbia and suburban Maryland who were arrested in a federal sting in 1990. Undercover agents traded cellular telephones and pagers for crack cocaine, The Washington Post reported at the time. The phones supplied by an undercover FBI agent then became the tools by which investigators listened to the accused drug dealers arrange transactions, The Post reported. Obama has now commuted more sentences than his past four predecessors combined. But he lags far behind most of his recent predecessors in granting pardons. While a commutation shortens a prisoner's sentence, a pardon wipes clean the offender's record. But pardons are usually more controversial, such as those granted by President Bill Clinton on his last day in office. Monday's action brings to 89 the number of sentences Obama has commuted in his presidency, the most since Johnson, who commuted 226. But Obama's clemencies are only a tiny fraction of 7,889 clemency petitions pending from prisoners, according to the Justice Department. Obama's clemency efforts have so far fallen far short of expectations set last April, when the Justice Department announced the most ambitious federal clemency program in 40 years, inviting lawyers across the country to join forces to help tens of thousands of federal drug offenders to apply for clemency. Liberal advocacy groups Monday welcomed the White House announcement, but said the 46 acts of mercy were "a drop in the bucket" compared to what they hope Obama will do before he leaves office. Jeremy Haile of The Sentencing Project in Washington said there are 7,000 to 8,000 prisoners still doing time for convictions involving crack cocaine who would not be in jail today under a reform of the crack cocaine laws in 2010. Before that, those convicted of possessing crack cocaine were subject to sentences far higher than those given to people possessing the powder form of the drug. Since crack use was more common among blacks, African-American drug offenders received longer sentences than white offenders, who tended to be convicted in cases involving powder cocaine. A new, private initiative to process clemency petitions, called Clemency Project 2014, bogged down after facing a series of unexpected obstacles, including difficulties in locating old paper court files in storage, said Cynthia W. Roseberry, the project manager. Also, federal public defenders were advised by courts not to get involved because they were already overburdened helping current clients, she said. Only four of the 46 commutations ordered Monday came through her group's efforts, Roseberry said. They have received 30,000 applications, and so far have forwarded only 50 to the Justice Department's pardon attorney. Nearly half of the applications have been rejected for not meeting guidelines, she said. To be eligible for clemency the prisoners must have served at least 10 years, had a good prison record and not have been found guilty of a violent offense. One of the toughest criteria to meet is that prisoners must be serving a longer sentence than they would receive today. Most of those who received clemency Monday were convicted of the sale of crack cocaine. Fourteen of the 46 were sentenced to life in prison. Two years ago, former Attorney General Eric H. Holder Jr. told prosecutors across the country to stop using mandatory-minimum sentences against lower-level, nonviolent offenders. At the same time, the U.S. Sentencing Commission has revised downward its sentencing guidelines for some drug offenses. - --- MAP posted-by: Jay Bergstrom