Overall, President Obama has commuted more sentences than the past 11 Presidents combined, and still has more than two months left in office. (Chart: WhiteHouse.gov)
President Obama on Thursday commuted the sentences of nearly 100 federal inmates doing hard time, and almost one in five were in jail partially because of the illegal guns they carried.
White House Counsel Neil Eggleston said the commutations— which included 42 serving life in prison– are a “powerful tool being used to powerful effect, but the individualized nature of the relief granted today also highlights the urgent need for bipartisan criminal justice reform legislation.”
Eggleston holds Obama is making history.
“With today’s grants, the President has now commuted the sentences of 872 individuals. In this year alone, the President has commuted the sentences of 688 deserving individuals — more than the previous 11 presidents combined – and the most ever done by a president in a single year,” he said.
Of those who had their terms commuted this week, 19 were behind bars on a combination of drug charges that also involved firearms possession– often multiple counts– usually by a prohibited possessor.
One, Tony Orlando Hughes, was sentenced to 2,616 months’ imprisonment on more than a score of cocaine distribution charges and eight counts of possession of firearm during and in relation to a drug trafficking. In 2005, the U.S. Fifth Circuit Court of Appeals upheld his conviction noting that 15 witnesses testified against him at trial, vouching for his high-level drug business, and he was caught with no less than five kilograms of cocaine, far in excess of your average “street dealer.”
The President commuted 111 federal prisoners in late August, in which a number of those with firearms charges were featured. Earlier the same month he did likewise for 214 inmates including 56 with gun felonies.
When called out on the fact that nearly 1 in 4 of the batch of 214 inmates had carried illegal guns, Obama outlined that it all came down to whether they were using the firearms or not and elaborated that his emphasis was on people who were overcharged and did not have a propensity for violence.
The trend continued with subsequent commutations of another 102 earlier this month.
Deputy Attorney General Sally Q. Yates advised that more commutations are likely in the final months of President Obama’s term.
““Today’s clemency grants to another 98 federal inmates who were sentenced under outdated drug laws are part of our ongoing commitment to bring fairness to our criminal justice system,” said Yates in a statement. “These grants reflect the Department’s accelerated progress in prioritizing and reviewing petitions that fit the President’s Clemency Initiative.”
Of the 98 commutations directed by the White House on Thursday, the following 19 federal inmates were doing hard time for crimes that included weapons charges:
· Mark Lamont Byrd – St. Louis, MO
Offense: Possession with intent to distribute in excess of five grams of cocaine base; possession of a firearm during and in relation to a drug trafficking crime; possession with intent to distribute in excess of 50 grams of cocaine base; Eastern District of Missouri
Sentence: 180 months’ imprisonment; five years’ supervised release (May 19, 2006)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Kevin Wayne Daniels – Austin, TX
Offense: Possession with intent to distribute 50 grams or more of methamphetamine; felon in possession of a firearm; Western District of Texas
Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 23, 2009)Commutation Grant: Prison sentence commuted to 175 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Charlton Oriaso Esekhigbe – Missouri City, TX
Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Texas
Sentence: 240 months’ imprisonment; 10 years’ supervised release (February 17, 2006)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· John Aundo Gamble – Myrtle Beach, SC
Offense: Possession with intent to distribute five grams or more of cocaine base and a quantity of cocaine; felon in possession of a firearm and ammunition; using, carrying and possessing a firearm during and in furtherance of a drug trafficking crime; District of South Carolina
Sentence: 240 months’ imprisonment; five years’ supervised release (August 31, 2004)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Stephen Runea Glenn – Houston, TX
Offense: Possession with intent to distribute 50 grams or more of cocaine base, aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; Southern District of Texas
Sentence: 180 months’ imprisonment; five years’ supervised release (May 14, 2009)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Wayne Gross – St. Louis, MO
Offense: Unlawful user of controlled substances while in possession of firearms; possession with the intent to distribute cocaine base (crack); carrying a firearm during and in relation to a drug trafficking crime; Eastern District of Missouri
Sentence: 248 months’ imprisonment; four years’ supervised release (April 2, 2004)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Tony Orlando Hughes – Newport News, VA
Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base; distribute cocaine base (22 counts); distribute cocaine (two counts); possession of firearm during and in relation to a drug trafficking crime (eight counts); possess with intent to distribute cocaine (three counts); Eastern District of Virginia
Sentence: 2,616 months’ imprisonment; 10 years’ supervised release (November 29, 2004)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Gerald Jerome Johnson – Jamestown, ND
Offense: Possession with intent to distribute a controlled substance; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; District of North Dakota
Sentence: Life plus 25 years’ imprisonment (October 10, 2006)Commutation Grant: Prison sentence commuted to a term of 300 months’ imprisonment.
· Jaleel Abdul Lafi, III – Hopkins Park, IL
Offense: Distribution of five or more grams of cocaine base (“crack”) (three counts); distribution of 50 or more grams of cocaine base (“crack”); possession of a firearm in relation to drug trafficking crime; Central District of Illinois
Sentence: 180 months’ imprisonment; five years’ supervised release (February 17, 2009)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Bobby Earl Lee – St. Petersburg, FL
Offense: Possession with the intent to distribute 50 grams or more of cocaine base; possession with the intent to distribute five grams or more of cocaine base; possession of a firearm in relation to a drug trafficking crime; Middle District of Florida
Sentence: Life plus 60 months’ imprisonment (September 16, 1994)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Rico Mayo – Benicia, CA
Offense: Possession of five or more grams of cocaine base; use of a firearm during and in relation to a drug trafficking crime; possession with intent to distribute cocaine base; Eastern District of California
Sentence: 420 months’ imprisonment; five years’ supervised release (February 9, 1998)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Terrance Ramon Merritt – Fort Walton Beach, FL
Offense: Conspiracy to possess with intent to distribute 5 kilograms or more of a mixture and substance containing a detectable amount of cocaine, 50 grams or more of a mixture and substance containing cocaine base; 3,4 methylenedioxymethamphetamine (MDMA) and marijuana; possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine, a detectable amount of MDMA and a detectable amount of marijuana; possession of a firearm by a convicted felon; Northern District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (March 15, 2007)Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Ernest Moore, Jr. – Tuskegee, AL
Offense: Distribution of cocaine base (two counts); possession with intent to distribute cocaine base (two counts); carrying a firearm in connection with a drug trafficking offense; Middle District of Alabama
Sentence: 180 months’ imprisonment; five years’ supervised release (February 17, 2005)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Anthony Pender – Laurel, MD
Offense: Possession of a firearm by convicted felon; possession with intent to distribute 50 grams or more of cocaine base; District of Maryland
Sentence: Life imprisonment; 10 years’ supervised release (December 4, 2006)Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Reisa Lynn Pettiette – Athens, TX
Offense: Conspiracy to manufacture, distribute and possess with intent to manufacture and distribute methamphetamine; conspiracy to possess a listed chemical knowing it will be used to manufacture a controlled substance; possession of a listed chemical with intent to manufacture a controlled substance; possession and distribution of a listed chemical with intent to manufacture a controlled substance; possession of an unregistered firearm; use, carrying, and possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Texas
Sentence: 240 months’ imprisonment; five years’ supervised release (October 16, 2003)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Leon Smallwood – Alton, IL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (three counts); felon in possession of a firearm; Southern District of Illinois
Sentence: Life imprisonment; eight years’ supervised release; $2,500 fine (October 2, 1998)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Stanley D. Thomasson – Poplar Bluff, MO
Offense: Used/carried firearms during drug trafficking crime (two counts); possession of Schedule II narcotic controlled substance (three counts); Eastern District of Missouri
Sentence: 421 months’ imprisonment; four years’ supervised release (April 5, 1994); amended to 397 months’ imprisonment (June 9, 2015)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Hayzen Turner, Jr. – Adamsville, AL
Offense: Distribution of a mixture and substance containing cocaine base (three counts); distribution of 50 grams or more of a mixture and substance containing cocaine base (two counts); possession with intent to distribute a quantity of a mixture and substance containing cocaine base, cocaine hydrochloride and marijuana; carrying a firearm during and in relation to a drug trafficking offense; felon in possession of a firearm (three counts); Northern District of Alabama
Sentence: Life imprisonment; 10 years’ supervised release (December 18, 2007)Commutation Grant: Prison sentence commuted to a term of 180 months’ imprisonment.
· Daryl Wilkes – Virginia Beach, VA
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine base and cocaine; knowingly and intentionally distribute cocaine base (20 counts); knowingly possess a firearm in furtherance of a drug trafficking crime (two counts); knowingly and intentionally distribute cocaine (eight counts); knowingly and intentionally possess with intent to distribute cocaine base; knowingly and intentionally possess with intent to distribute cocaine (two counts); Eastern District of Virginia
Sentence: 952 months’ imprisonment; five years’ supervised release (June 16, 2004); amended to 780 months’ imprisonment (October 4, 2006); amended to 480 months’ imprisonment (May 2, 2008)Commutation Grant: Prison sentence commuted to a term of 300 months’ imprisonment.
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