October 19, 2015
The Honorable Chuck Grassley
Chairman
Committee on the Judiciary
224 Dirksen Senate Building
Washington, D.C. 20510
The Honorable Patrick Leahy
Ranking Member
Committee on the Judiciary
152 Dirksen Senate Building
Washington,
D.C. 20510
Chairman Grassley, Ranking Member Leahy and Members of the Committee,
The Federal Law Enforcement Officers Association (FLEOA) –the nation’s largest professional,
non-profit association representing federal law
enforcement officers – has serious concerns with several provisions contained within S. 2123,the Sentencing Reform and
Corrections
Act of 2015.
While FLEOA understands that this bill is bi-partisan and much thought was given to its construction, we strongly believe that the
basis for the bill is
based
upon misperceptions and a politically motivated contingent
of activists that seeks to decriminalize drug offenses across the legal spectrum. They have appeared to gain momentum after successes in
states such as California which recently released over 25,000 criminals and drug offenders
due to an expansive lowering of sentencing standards and the retro active replacement of sentences for those
convicted
of certain offenses.
The Federal Sentencing Commission
has also revised its sentencing standards allowing for 6,000 drug offenders to
benefit from early release. These
experiments in sentencing and judicial reform will have
a result that is yet to
be seen, yet those involved int his advocacy have created a convincing argument that wraps itself around saving the government money by reducing the federal prison population for alleged "low level drug offenders.”
While these activists report that sentencing reform will reduce crime,the truth is that many corners of our nation are
experiencing a violent crime surge this year,with the
number of murders jumping by 33% or more in Baltimore, New Orleans and St. Louis. Chicago has seen a
19% increase in homicides and 21% increase in shootings,
and in Philadelphia murders are up to
123 thus far this year, compared with 117
at the same point last year. According to police department
statistics, Dallas has tallied 68 murders so far,
up from 53 in 2014. San Antonio
counted 53 homicides through June, compared with 43 last year. Minneapolis had
22 murders in the first half of 2015,
compared with 15 during the same period last year. Milwaukee has shown a 103%
spike in murders year-to-date
compared with a year ago. In Atlanta, 41 people were killed in the first five months of this year compared with 27 in the same period last year, an increase of 52% and in Washington, D.C.,the homicide count stands at 73 compared
with 62 last year.
Police and
politicians in the nation's capital have
connected the spike in murders to the influx of synthetic drugs, including K2, spice and others which are said to mimic the effects of marijuana.
For law enforcement, crimes related to drugs including rapes,robberies and shootings continue to be the most common incidents they encounter.
Every drug offense can unfortunately be a gateway to more serious crimes – the most serious of which end up in the federal system due to the stringent sentencing guidelines that have made the federal judicial
system feared by criminals and admired by law
enforcement for decades.It is the one system where law enforcement sees justice inaction and criminals usually face a choice – either cooperate
or face a harsh sentence.
The federal judicial system is geared toward dealing with the worst of the
worst – not a person with
a dime bag of marijuana.In most federal jurisdictions, it takes as much
as 100 pounds of marijuana before a federal prosecutor would even
consider prosecuting that case.
Even at that amount, more than for personal use, the punishments are often in months not years.
Unfortunately, the latest iteration of sentencing reform may undercut the very foundation that has made the federal system successful and stand out from almost every state system of justice
and much of it is
based upon myth not fact.
Myth: The federal system discriminates with sentences and crimes charged.
Fact: According to the Federal Bureau of Prisons(BOP) Inmate Statistics, the federal inmate
breakdown is:
Asian |
3,138 |
1.5% |
Black |
77,455 |
37.7% |
Native
American |
3,938 |
1.9% |
White |
120,977 |
58.9% |
Myth: The federal system keeps
people incarcerated for inordinate periods of time.
Fact: According to the BOP,
the bulk of federal prisoners are serving sentences of 15 years
of less.
Less than
1 year |
5,592 |
2.3
% |
1-3 years |
22,185 |
11.4% |
3-5 years |
25,861 |
13.3% |
5-10 years |
49,398 |
25.5% |
10-15 years |
39,579 |
20.4% |
15-20 years |
21,663 |
11.2% |
More than 20 years |
24,106 |
12.4% |
Life |
5,387 |
2.8% |
Death |
57 |
0.0% |
Myth: Federal prisons contain many low level drug offenders.
Fact: A search of BOP inmate records shows no
prisoner incarcerated for possession of a
"dime” bag of marijuana. The majority of the drug offenders in federal prison were trafficking in
narcotics, including many captured at the border,which makes them illegal and exclusive federal offenders.
Myth: Sentencing reform will only apply to low level and
non-violent drug offenders.
Fact: Two recent cases, one from Iowa
and the other from Vermont might be eligible
under S. 2123, the Sentencing Reform and Corrections
Act of 2015, for reduced sentences and be
on the streets in those states after only a few
short months.
Iowa:
On October 8th,2015, in the Northern District of Iowa,Wayne Christopher Watkins who worked
at ahead shop in Iowa
City pled guilty to federal drug charges in federal court in Cedar Rapids. Wayne Christopher Watkins,
age 40, from Peoria, Illinois, was convicted of conspiring to manufacture and distribute a synthetic drug called AB-FUBINACA. The
owner of Pipe Dreamz in Iowa City, Robert Carl Sharp, pled guilty on October 5, 2015. In a plea agreement,
Watkins admitted that Sharp was released from federal prison in 2012, and shortly thereafter began selling, and later manufacturing, smokable synthetic cannabinoid products which are commonly known as "Spice,” "incense,” or K2. Watkins initially worked for
Sharp at a store in Peoria, Illinois, called Smoke N Ink. Both men moved to Iowa in
2013 when Sharp opened a head shop in Iowa City called Pipe
Dreamz. Sharp would
order synthetic cannabinoid chemicals and also purchase bulk quantities of dried Damiana leaves, a plant material that resembles dried marijuana. Watkins admitted
Sharp would purchase
synthetic cannabinoid chemicals,packaging materials, and inert plant material (typically Damiana leaf), from various suppliers and then Sharp and defendant would manufacture
synthetic cannabinoid products from the materials. Watkins admitted he
would dilute the
synthetic cannabinoid chemical in acetone,
and then spray the mixture onto the Damiana leaves. Watkins
would then add some flavoring and package the substances into the various brands sold
by Sharp.
Watkins and
Sharp sold these products in packets that marketed the substances as incense, and contained a
warning that the products were "not for human consumption,”although both men admitted they knew the products were actually intended for human
consumption. The synthetic cannabinoids in these products were actually research
chemicals that have not been tested or approved as safe for human consumption,
and which have unpredictable short-term
effects and unknown long-term effects on users.
Sentencing before United States District Court Chief Judge
Linda R. Reade will beset after a presentence report is prepared.
Watkins remains in the custody of the
United States Marshals
pending sentencing. Watkins faces a possible maximum
sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments,and a lifetime
of supervised release following
any imprisonment.
Vermont:
In Vermont, Eric S. Miller, United States Attorney for the District of Vermont, stated that Tyrone Dixon, 35,
of St. Augustine, Florida, was sentenced Tuesday in United
States District Court in Rutland by U.S. District Court Judge Geoffrey W. Crawford,to18 months in prison followed by three years of post-release supervision,for possession with intent to distribute approximately 50 grams of crack cocaine. According to court records, in the early morning of
January 5,
a Customs and Border Protection Officer stationed at the Derby Line Port of Entry
noticed a vehicle making an illegal U-turn in between the
ports of entry for the United
States and Canada. The car had traveled
north towards Canada but turned back before attempting
entry into Canada.Customs and Border Protection Officers
worked with Special Agents from Homeland Security Investigations to inspect the vehicle and conduct interviews with driver Tyrone Dixon and
passenger Emily Lasell of Vermont.
From the vehicle, a Customs and Border Protection Officer recovered a
hollowed-out loaf of bread concealing approximately 50 grams of crack cocaine,
some of which was already packaged for distribution,re-wrapped inside
a plastic bread
bag, and concealed inside
a bag of otherwise innocuous groceries. A Customs and Border Protections Officer also recovered five syringes that appeared to have
been used and approximately twenty-five used
or torn white packages consistent with the packaging commonly seen in the hero in trade. From inside the passenger’s bra,
a Customs
and Border Protection Officer recovered two small packages commonly known as "tickets” of heroin.
Thomas Keith,42 was also convicted
of drug distribution by the Office of the United States Attorney for the District of Vermont and was sentenced to 41 months in prison and three years of supervised release. Keith also forfeited $1,084 in connection with his drug
distribution activities. This sentence followed Keith’s conviction
on one count of conspiracy to
possess with intent to distribute heroin
and cocaine, and
one count of possession with intent to distribute heroin. U.S. District Judge
Geoffrey W. Crawford also ordered Keith to pay a $200 special assessment.In 2011, law enforcement intercepted a package
addressed to Keith that contained approximately 367 grams
of cocaine and 80 grams
of heroin. Subsequently,
as part of a Vermont Drug Task Force investigation, law
enforcement
conducted three controlled purchases
of heroin from Keith in April and
May 2014. Law enforcement executed a search
warrant at Keith’s Bennington residence
on May 16,
2014, finding 75 bags
of heroin, drug paraphernalia, and $1,084 in cash.
These are the types of "low level drug offenders” that could benefit from the provisions in
S.2123, the Sentencing Reform and Corrections Act of 2015.We are sure that Members of the
Committee would agree that the
above individuals crimes above are destructive, their sentences
not disproportionate for their crimes and that they should serve the maximum duration the federal system allows and not be allowed to
benefit from sentencing reform and recidivise on the streets of Iowa or Vermont.
FLEOA requests that the Committee consider the long term implications of these types of sentencing changes and recall the story of the
"wolf in sheep’s clothing” and that rash response to
political activists often have
unintended consequences.
Respectfully yours,
Nathan
R. Catura
FLEOA National President
c.c.Members of the Senate Committee on the Judiciary