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April 15, 2014

Prez Obama commutes 15-year sentence for marijuana offender down to 11.5 years

Build-itIf NYU Law builds it, the President's counsel will come ... and, it seems, the President will act!  

With apologies for the bad "Field of Dreams" reference, I am not sure how else to react to the news I have got via this press release while I am sitting in the audience excited to be at this amazing on-going NYU conference on "Mercy in the Criminal Justice System: Clemency and Post-Conviction Strategies" with the keynote speaker White House Counsel Kathryn Ruemmler.   I was hoping and expecting the White House Counsel Kathryn Ruemmler would be making news via her afternoon keynote, but her boss beat her to the punch as the full text of the press release reveals:

Today, President Barack Obama granted clemency to the following individual:

• Ceasar Huerta Cantu, also known as Cesar Huerta Cantu – Katy, Texas

Offenses: Conspiracy to possess with intent to distribute marijuana; money laundering (Western District of Virginia)

Sentence: 180 months’ imprisonment (as amended), five years’ supervised release (May 11, 2006)

Commutation Grant: Prison sentence commuted to 138 months’ imprisonment

Thanks to the wonderful internet, I found this 2255 dismissal order concerning the Cantu case which suggests that Cantu received an erroneous initial sentence that he was unable to get changed via traditional legal means. But it is unclear from this order alone whether this sentence calculation error provides the basis and reason for this notable commutation.  A quick read of the order does suggest that the reduction from 180 to 138 appears to reflect precisely the sentence Cesar Huerta Cantu would have and should have gotten (after getting substantial assistane credit) had his initial sentence been calculated properly. 

Live-blogging UPDATE:  In her keynote speech at this NYU conference, White House Counsel Kathryn Ruemmler is talking up this grant and says that it shows that clemency can serve as a "fail-safe" for correcting errors that cannot be corrected by other means.

WH Counsel Ruemmler has announced that DOJ via BOP is going to alert federal prisonsers about the on-going clemency initiative previously announced by Deputy AG Cole.

MSM UPDATE:  Lots of press reports are now providing context for this grant such as this AP article headlined "Obama commutes sentence made longer by typo."

April 15, 2014 at 12:28 PM | Permalink

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Comments

what a joke. so now she ONLY has to serve 11.5 YEARS followed by the almost impossible to complete FIVE YEARS probation.

sounds like more of a waste of time to even do the paperwork. But of course the real ideal is to distract the sheeple. Guess what it worked.

Posted by: rodsmith | Apr 15, 2014 3:44:09 PM

Why is it impossible to complete five years of probation?

Posted by: John | Apr 15, 2014 4:51:34 PM

Wow, one commutation down, thousands more to go.

Posted by: wally | Apr 15, 2014 5:01:40 PM

Sounds like serious incompetence to me. The AUSA, defense attorney, judge, and probation officer all missed the typo? Nobody did an independent calculation of drug quantity?

Posted by: Domino | Apr 15, 2014 10:12:47 PM

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