Biden issues first pardons and sentencing commutations of his presidency

By: Ariana Figueroa - April 26, 2022 4:46 pm

A majority of the individuals that are receiving sentencing commutations have already served an average of 10 years in prison for nonviolent drug offenses, a senior Biden administration official said Tuesday, April 26, 2022. (Getty Images)

WASHINGTON — President Joe Biden on Tuesday granted clemency to nearly 80 individuals charged with nonviolent crimes and unveiled an administration strategy to help formerly incarcerated people secure employment.

Of that list, three were pardons and 75 were commutations, which is a reduction in an individual’s prison sentence. They were the first pardons and commutations of Biden’s presidency, a power granted under the Constitution.

“The president believes that our nation must offer people who’ve been incarcerated meaningful opportunities for redemption and rehabilitation, and his granting of three pardons and 75 sentence commutations for individuals who were convicted of nonviolent drug offenses, including many of whom have been serving successfully on home confinement, reflect that core belief,” a senior administration official said on a call with reporters Monday night.

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One pardon was for 52-year-old Athens, Georgia resident Dexter Eugene Jackson, who pleaded guilty and was convicted in 2002 for using his business to distribute marijuana.

A senior administration official said Jackson did not distribute marijuana, but allowed distributors to use his pool hall to conduct drug transactions. He currently runs a cell phone repair business where he helps train local high school students so they can gain work experience, the White House said.

“This first wave of clemency grants really does reflect President Biden’s commitment to address inequities in the criminal justice system and his commitment to reward individuals who are working to rehabilitate themselves and to contribute to their communities,” an official said on the call.

U.S. Rep. Jerry Nadler, a New York Democrat and the chair of the House Judiciary Committee, in a statement praised the Biden administration for its reentry program.

“Successful reentry programs are critical to breaking the cycle of crime in our communities and providing economic security to thousands of formerly incarcerated people,” he said.

Feds expand Pell Grant program for prisoners working on college degrees

A majority of the individuals that are receiving sentencing commutations have already served an average of 10 years in prison for nonviolent drug offenses, a senior administration official said.

“The individuals who are receiving sentence commutations … include people who have demonstrated commitment to rehabilitation, including by seeking employment and advancing their education,” an official said.

The officials said that about 600,000 people each year leave prison and have difficulty securing housing, health care and work opportunities. Officials said “offering someone a second chance” reduces the likelihood of reoffending and will help “prevent and combat gun violence and other violent crime.”

The White House also said it’s rolling out a $145 million dollar partnership between the departments of Justice and Labor for job training and intensive reentry programs in federal prisons.

Additionally, the administration will expand access to federal employment for formerly incarcerated people. The Office of Personnel Management is moving to publish a proposed rule to remove the federal government’s “ban the box” policy, which delays movement on a job seeker’s application if there is a criminal history.

The administration is also expanding the Second Chance Pell program, which provides Pell Grants to incarcerated students. It will include 73 more schools, bringing the total number of colleges participating in the program to 204.

The list released by the White House includes these people who were granted clemency:

FLORIDA

Manuel Ruben Duran-Pimentel – Miami, Florida

Offense: Conspiracy to import controlled substances; laundering of monetary instruments (District of Puerto Rico).

Sentence: 151 months of imprisonment, five-year term of supervised release (April 20, 2016). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Mackie Shivers – Fort Lauderdale, Florida

Offense: Conspiracy to possess with intent to distribute 5 kilograms or more of cocaine; possession with intent to distribute 5 kilograms or more of cocaine (Southern District of Florida). Sentence: Life imprisonment, 10-year term of supervised release (April 10, 2001).

Commutation Grant: Sentence commuted to expire on Aug. 24, 2022, leaving intact and in effect the 10-year term of supervised release.

Cleola Sullivan – Tallahassee, Florida

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base and 5 kilograms or more of cocaine; possess with intent to distribute 500 grams or more of cocaine (Northern District of Florida).

Sentence: 120 months of imprisonment, five-year term of supervised release (Dec. 13, 2016).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

GEORGIA

Tellas Levallas Kennedy – Glennville, Georgia

Offense: Conspiracy to possess with intent to distribute, and to distribute a quantity of cocaine hydrochloride (Southern District of Georgia).

Sentence: 210 months of imprisonment, five-year term of supervised release, $4,800 fine (Sept. 30, 2013); amended to 168 months of imprisonment, five-year term of supervised release, $4,800 fine (Oct. 22, 2015).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and $4,800 fine.

Carry Le – Duluth, Georgia

Offense: Conspiracy to possess with intent to distribute 1,000 or more marijuana plants (Southern District of Texas).

Sentence: 120 months of imprisonment, five-year term of supervised release (March 4, 2016). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Stephanie McMurphy – Adel, Georgia

Offense: Distribution of methamphetamine within 1,000 feet of a school (Middle District of Georgia).

Sentence: 102 months of imprisonment, six-year term of supervised release (Oct. 22, 2018). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the six-year term of supervised release.

Rickey Wayne Norton – Augusta, Georgia

Offense: Possession with intent to distribute a controlled substance (Southern District of Georgia).

Sentence: 120 months of imprisonment, three-year term of supervised release, $40,000 fine (Oct. 17, 2017).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release and the unpaid remainder, if any, of the $40,000 fine.

Shannon Ann Norton – Augusta, Georgia

Offense: Possession with intent to distribute a controlled substance (Southern District of Georgia).

Sentence: 120 months of imprisonment, three-year term of supervised release, $40,000 fine (October 17, 2017).

Tony Lee Stanfield – Villa Rica, Georgia

Offense: Possession with intent to distribute methamphetamine (Western District of North Carolina).

Sentence: 120 months of imprisonment, five-year term of supervised release (Nov. 2, 2017).

IOWA

Douglas Dean Johnson – Dickens, Iowa

Offense: Conspiracy to manufacture and distribute 50 grams or more of actual methamphetamine and possess and distribute pseudoephedrine following a felony drug conviction; travel in interstate commerce and aid and abet travel in interstate commerce with the intent to promote and facilitate a business enterprise involving the manufacture and distribution of controlled substances (Northern District of Iowa).

Sentence: 240 months of imprisonment, 10-year term of supervised release (December 8, 2008). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.

Andrea Zavala – Waterloo, Iowa

Offense: Conspiracy to distribute at least 50 grams of a mixture or substance containing methamphetamine and 5 grams of actual methamphetamine (Northern District of Iowa). Sentence: 108 months of imprisonment, five-year term of supervised release (June 7, 2017). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Edwin G. Tierney – Council Bluffs, Iowa

Offense: Conspiracy to distribute methamphetamine (District of Nebraska). Sentence: 120 months of imprisonment, five-year term of supervised release (November 8, 2016).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

LOUISIANA

Terry Booty – Morgan City, Louisiana

Offense: Conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine (Eastern District of Louisiana).

Sentence: 240 months of imprisonment, 10-year term of supervised release, $10,000 fine (Nov. 13, 2008).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release and the unpaid remainder, if any, of the $10,000 fine.

MICHIGAN

Mario Cruz – Grand Rapids, Michigan

Offense: Conspiracy to distribute and possess with intent to distribute an unspecified quantity of cocaine and heroin (Western District of Michigan).

Sentence: 121 months of imprisonment, three-year term of supervised release (January 23, 2017).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.

Jesse Alan Trimue – Burton, Michigan

Offense: Conspiracy to distribute and possess with the intent to distribute 5 grams of actual methamphetamine and 50 grams or more of methamphetamine mixture, a schedule II-controlled substance (Eastern District of Tennessee).

Sentence: 120 months of imprisonment, eight-year term of supervised release (June 6, 2016). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release.

MISSOURI

Brandon Todd Berry – Sikeston, Missouri

Offense: Conspiracy to distribute 500 grams or more of a substance containing methamphetamine (Eastern District of Missouri).

Sentence: 240 months of imprisonment, 10-year term of supervised release (Oct. 19, 2010).

Commutation Grant: Sentence to expire on Aug. 24, 2022, leaving intact and in effect the 10-year term of supervised release.

David C. Frazier – St. Louis, Missouri

Offense: Conspiracy to distribute cocaine; possession with intent to distribute a mixture containing cocaine; maintaining a drug involved premises (Eastern District of Missouri).

Sentence: 144 months of imprisonment, five-year term of supervised release (May 21, 2014). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Paul A. Lupercio – Blue Springs, Missouri

Offense: Conspiracy to distribute 1,000 kilograms or more of marijuana and five kilograms or more of cocaine (Western District of Missouri).

Sentence: 240 months of imprisonment, 10-year term of supervised release (May 8, 2008). Commutation Grant: Sentence to expire on Aug. 24, 2022, leaving intact and in effect the 10-year term of supervised release.

Byron James Miller – St. Louis, Missouri

Offense:

Conspiracy to possess with intent to distribute crack cocaine; possession with intent to distribute in excess of 500 grams of cocaine (Eastern District of Missouri). 2. Possession with intent to distribute heroin; possession of heroin in a federal prison (District of Central Illinois).

Sentence:

292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months of imprisonment, eight-year term of supervised release (Dec. 17, 2019).
210 months of imprisonment, three-year term of supervised release (March 5, 1999). Prison sentences and terms of supervised release in each case to run consecutively.

Commutation Grant: Sentences commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the consecutive eight and three-year terms of supervised release.

David L. Zouck – Buffalo, Missouri

Offense: Conspiracy to distribute 500 grams or more of methamphetamine; distribution of five grams or more of actual methamphetamine (Western District of Missouri).

Sentence: 132 months of imprisonment, five-year term of supervised release (March 30, 2016). Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

NEBRASKA

Jose Luis Colunga – Juniata, Nebraska

Offense: Conspiracy to distribute and possession with intent to distribute 1,000 kilograms or more of marijuana (Eastern District of Tennessee).

Sentence: 240 months of imprisonment, 10-year term of supervised release (July 13, 2010). Commutation Grant: Sentence commuted to expire on Oct. 26, 2023, leaving intact and in effect the 10-year term of supervised release.

NEVADA

Tina Marie Finazzo – Las Vegas, Nevada

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine (District of Hawaii).

Sentence: 172 months of imprisonment, five-year term of supervised release (Feb. 16, 2012); amended to 168 months of imprisonment, five-year term of supervised release (May 19, 2015).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

NORTH CAROLINA

Kelvin Beaufort – Charlotte, North Carolina

Offense: Conspiracy to possess with intent to distribute, and to distribute cocaine and cocaine base (Western District of North Carolina).

Sentence: 324 months of imprisonment, 20-year term of supervised release (Dec. 10, 2007); amended to 262 months of imprisonment, 20-year term of supervised release (Jan. 20, 2016).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 20-year term of supervised release.

OHIO

Julian Burford – Bedford, Ohio

Offense: Conspiracy to distribute and possess with the intent to distribute cocaine (Northern District of Ohio).

Sentence: 240 months of imprisonment, 10-year term of supervised release (Sept. 17, 2009).

Commutation Grant: Sentence commuted to expire on Aug. 24, 2022, leaving intact and in effect the 10-year term of supervised release.

PENNSYLVANIA

Gregory Jones – Philadelphia, Pennsylvania

Offense: Conspiracy to distribute five kilograms or more of cocaine; attempted possession with the intent to distribute five or more kilograms of cocaine and aiding and abetting (East District of Pennsylvania).

Sentence: 216 months of imprisonment, five-year term of supervised release, $2,500 fine (March 30, 2012).

David Lee – Philadelphia, Pennsylvania

Offense: Conspiracy to distribute more than one kilogram of heroin and to distribute or manufacture in or near a school zone; distribution and possession of heroin with intent to distribute (seven counts); use of communication facility (Eastern District of Pennsylvania).

Sentence: 300 months of imprisonment, 10-year term of supervised release, $1,500 fine (Oct. 1, 2007); amended to 243 months of imprisonment,10-year term of supervised release, $1,500 fine (June 24, 2015).

TENNESSEE

Virgil Goodman, Jr. – Lexington, Tennessee

Offense: Possession of methamphetamine with intent to distribute (Western District of Tennessee).

Sentence: 262 months of imprisonment, six-year term of supervised release (June 30, 2005). Commutation Grant: Sentence commuted to expire on Aug. 24, 2022, leaving intact and in effect the six-year term of supervised release.

Brandon Jermaine Huguley – Chattanooga, Tennessee

Offense: Conspiracy to distribute 280 grams or more of cocaine base (Eastern District of Tennessee).

Sentence: 235 months of imprisonment, five-year term of supervised release (August 20, 2012); amended to 188 months of imprisonment, five-year term of supervised release (May 22, 2017).

Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Bethel Cheyenne Mooneyham – Spencer, Tennessee

Offense: Conspiracy to manufacture and distribute 50 grams or more of actual methamphetamine and 500 grams or more of a mixture and substance containing methamphetamine (Eastern District of Tennessee).

Sentence: 240 months of imprisonment, 10-year term of supervised release (June 13, 2011). Commutation Grant: Sentence to expire on Aug. 24, 2022, leaving intact and in effect the 10-year term of supervised release.

VIRGINIA

Christopher Dancy – Prince George, Virginia

Offense: Conspiracy to distribute cocaine hydrochloride (Eastern District of Virginia). Sentence: 336 months of imprisonment, five-year term of supervised release (Feb. 27, 2009); amended to 288 months of imprisonment, five-year term of supervised release (Dec. 19, 2018).

Commutation Grant: Sentence commuted to expire on Aug. 24, 2022, leaving intact and in effect the five-year term of supervised release.

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