Trying Your Case at Sentencing, a New Paradigm for the Defense, based on the article published by Jon May and Edward R. Shohat in The Champion, ""Sentencing: The Trial Practice For the 21st Century." Article attached as PDF.

"This PBS Spotlight segment highlights the injustice of cannabis prosecution. Notably featured in this specific film is the work of The Last Prisoner Project, a nonprofit focused on cannabis criminal justice reform. Presented by The Beehouse Justice Initiative, a New York City organization dedicated to healing 'some of the harms caused by disparate enforcement of cannabis prohibition' and video production company Matador Content, the film is narrated by Chris Rock and directed by Ezra Paek." - Last Prisoner Project

of Drug Offenses

When a criminal defense attorney sees a drug or drug-related charge alleged against a noncitizen client, the attorney should immediately think of immigration consequences. The main defense strategies for drug cases are as follows, in order of preference: (1) avoiding a drug conviction entirely through dismissal or negotiation; (2) if a drug conviction is unavoidable, avoid an aggravated felony; (3) plead to a substance that is not federally controlled; or (4) create a vague record of conviction as to the substance if the state law is overbroad.

An ongoing interactive webinar series regularly hosted by NACDL member Mark Satawa of Satawa Law, PLLC, NACDL Senior Resource Counsel Vanessa Antoun, and NACDL Resource Counsel Johnna Carey-Park. Every Wednesday at 2 pm ET. On this page, you can register for the series, volunteer as faculty, submit feedback, and watch past videos!

Evolution of Federal Drug Sentencing to Compassionate Release

For John Bailey, achieving justice involved a long journey on both straight and winding roads with many obstacles along the way. But trying as it may have been, the odyssey ended by arriving at the sweetest of destinations – freedom.

Memorandum and Order granting compassionate release after a sealed motion to reconsider defendants preiously denied pro se compassionate release motion was filed through the Federal Public Defenders. 

Memorandum and Order granting compassionate release.

Argument: Putting aside the COVID-19 health concerns, the Court writes, "The Senate Report from when Congress passed the Comprehensive Crime Control Act of 1984 shows that Congress wanted the courts to be able to reduce 'unusually long sentences,' and to reduce sentences where amended Guidelines suggest a shorter sentence. S. Rep. No. 98-225, at 55-56 (1983)." The Court concludes, "that Mr. Vigneau received an unusually long sentence [365 months] for a crime involving marijuana trafficking and money laundering."

Order granting motion for compassionate release. 

Argument: Defendant is 72 an insulin dependent diabetic, has asthma, anemia, and end stage (stage 5) kidney disease. The court concludes, "Defendant does not now present a risk of danger to the community as articulated in 18 U.S.C. § 3142(g). Defendant’s advanced age and medical condition have alleviated any risk Defendant previously posed to the community. The Court has reviewed all the factors to be considered in imposing a sentence, 18 U.S.C. § 3553(a), and does not find any one factor or combination of factors to preclude the remedy here."

Memorandum and Order granting compassionate release.

Argument:  Following a jury trial in 1999, Pullen was convicted of one count of possession with intent to distribute approximately 320 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). Judge states in the order, "significantly, Pullen has already served a sentence [180months] that far exceeds the top end of the Guidelines that would have applied here, and there is nothing about this case that suggests an above Guidelines sentence is warranted."

The court addresses Defendant's Amended Motion for Compassionate Release.

Argument: The court concludes that a sentence of 240 months is excessive and sentence reduction to 180 months is warranted when considering the statutory sentencing factors and the aggravating factors (second offense) in this specific case. 

Example of an amended judgement and compassionate release grant. 

Order and motion granting compassionate release.

Argument: Defendant was sentenced to 15 years in prison for manufacture more than 1000 marijuana plants and use or Carry a Firearm During Trafficking Crime. The Court wrote, "the mandatory minimum sentence of 15 years that Defendant was subject to is unusally long by today's standards. Since Defendant was prosecuted over ten years ago, society's attitude toward marijuana has drastically changed." The court concludes further incarceration is not necessary and would be detrimental to Defendant's health who suffers from serious mental health disorders. 

2018 update on prisoner recidivism of those convicted of marijuana-related offenses: a 9-year follow-up period (2005-2014).

Amicus Brief filed by the Last Prisoner Project in the case of U.S. v. Scarmazzo urging the judge to grant compassionate release after he was sentenced to 21 years for operating a medical marijuna dispensary in California.

How Data-Driven Policing Technologies Entrench Historic Racism and 'Tech-Wash' Bias in the Criminal Legal System

This NACDL Predicative Policing Task Force Report (1) calls attention to the rapid development and deployment of data-driven policing; (2) situates data-driven policing within the racialized historical context of policing and the criminal legal system; (3) makes actionable recommendations that respond to the reality, enormity, and impact of data-driven policing; and (4) suggests strategies for defense lawyers in places where data-driven policing technology is employed.