Drug-trafficking mom of Broncos star - jailed since he was just 11 years old - is among 46 convicts freed by Obama in biggest clemency grant for decades

  • President Barack Obama cut the prison sentences of 46 non-violent drug offenders on Monday
  • Among them was Katrina Smith, the mother of Denver Broncos wide receiver Demaryius Thomas 
  • Obama also wrote individual letters to each of the individuals. Their sentences all now expire on November 10, 2015 

Calling America 'a nation of second chances,' President Barack Obama cut the prison sentences of 46 non-violent drug offenders on Monday, including the drug-trafficking mother of Denver Broncos wide receiver Demaryius Thomas.

It was what the White House hopes will be just one prong of a broader push to make the criminal justice system fairer while saving the government money

Fourteen of those whose sentences were commuted had been sentenced to life in prison and the vast majority to at least 20 years, the president said in a video released by the White House, adding that 'their punishments didn't fit the crime.' 

Commuted: Calling America 'a nation of second chances,' President Barack Obama cut the prison sentences of 46 non-violent drug offenders on Monday, including the drug-trafficking mother of Denver Broncos wide receiver Demaryius Thomas

Thomas's mother, Katrina Smith, was arrested on narcotics trafficking charges in 1999 along with her mother Minnie Thomas.

Smith was scheduled to be released in 2017, according to USA Today. Thomas was given a life sentence. 

They've been behind bars since Thomas was 11-years-old. She will now be released in November.

'God is good.. Great news today, My Best lady come home November 10.. Godbless,' Thomas wrote on Facebook on Monday. 

These men and women were not hardened criminals 
President Barack Obama 

Obama said 'These men and women were not hardened criminals.' He also promised to lay out more ideas on criminal justice changes during a speech to the NAACP on Tuesday in Philadelphia.

Since Congress enacted mandatory minimum sentences for drug crimes in the 1980s, the federal prison population has grown from 24,000 to more than 214,000, according to Families Against Mandatory Minimums, a group seeking sentencing changes.

And the costs, said Obama, are over $80 billion a year to incarcerate people who often 'have only been engaged in nonviolent drug offenses.'

While Obama has spoken off and on during his presidency about the need for smarter sentencing and other justice reforms, prospects for significant structural change have improved recently with growing interest among Republicans in Congress.

'Congress simply can't act fast enough,' said Julie Stewart, president and founder of Families Against Mandatory Minimums. She said that while Obama's executive actions have picked off some of the most egregious sentencing inequities, significant legislative action is needed to stop the flow of people 'going to prison year in and year out, serving too much time.' 

U.S. President Barack Obama explains why he is commuting the sentences of 46 nonviolent drug offenders

U.S. President Barack Obama explains why he is commuting the sentences of 46 nonviolent drug offenders

Obama wrote letters to all 46 offenders, including Jerry Bailey, who was convicted of conspiracy to violate narcotics laws

Obama wrote letters to all 46 offenders, including Jerry Bailey, who was convicted of conspiracy to violate narcotics laws

Republican support in any such effort is critical, Stewart said, likening it to a Nixon-goes-to-China moment. 'Nobody's going to question a Republican's credibility on being tough on crime,' she said.

Yet not all Republicans saw the commutations as a step in the right direction. Rep. Jim Sensenbrenner of Wisconsin, who sits on the House Judiciary Committee, accused the president of engaging in showmanship, publicity stunts and political pandering.

While Obama has spoken off and on during his presidency about the need for smarter sentencing and other justice reforms, prospects for significant structural change have improved recently with growing interest among Republicans in Congress.

Cedric Culpepper of Orlando, Florida was convicted of possession with intent to distribute 5 grams or more of cocaine

Cedric Culpepper of Orlando, Florida was convicted of possession with intent to distribute 5 grams or more of cocaine

'Congress simply can't act fast enough,' said Julie Stewart, president and founder of Families Against Mandatory Minimums. She said that while Obama's executive actions have picked off some of the most egregious sentencing inequities, significant legislative action is needed to stop the flow of people 'going to prison year in and year out, serving too much time.'

Republican support in any such effort is critical, Stewart said, likening it to a Nixon-goes-to-China moment. 'Nobody's going to question a Republican's credibility on being tough on crime,' she said.

Yet not all Republicans saw the commutations as a step in the right direction. Rep. Jim Sensenbrenner of Wisconsin, who sits on the House Judiciary Committee, accused the president of engaging in showmanship, publicity stunts and political pandering.

'Commuting the sentences of a few drug offenders is a move designed to spur headlines, not meaningful reform,' Sensenbrenner said.

Obama has issued 89 commutations during his presidency, most of them to non-violent offenders sentenced for drug crimes under now-outdated sentencing guidelines. A commutation leaves the conviction in place, but reduces the punishment. The sentences of those who received commutations on Monday will expire on Nov. 10, 2015.

Obama wrote a personal letter to each of those whose sentence was commuted.

In a letter to Jerry Bailey, sentenced to 30 years for conspiracy to violate laws against crack-cocaine, Obama praised Bailey for showing the potential to turn his life around.

'Now it is up to you to make the most of this opportunity,' Obama wrote.

Marlon McNealy: Charged with two counts conspiracy to commit racketeering, conspiracy to distribute cocaine, and knowingly and intentionally distributing 50 grams or more of cocaine base

Marlon McNealy: Charged with two counts conspiracy to commit racketeering, conspiracy to distribute cocaine, and knowingly and intentionally distributing 50 grams or more of cocaine base

Obama announced the commutations in a video produced and posted online by the White House, preventing journalists from being able to question him about the move. The White House and political candidates frequently use the same technique, with some presidential hopefuls even announcing their candidacy via scripted videos.

The 46 sentence reductions are the most presidential commutations in a single day since at least the administration of President Lyndon Johnson, according to the White House. Overall, Obama has commuted sentences of 89 people, surpassing the combined number of commutations granted by Presidents Ronald Reagan, George H.W. Bush, Bill Clinton and George W. Bush.

They represent a sliver of all those seeking clemency: Justice Department statistics show that roughly 2,100 commutation petitions have been received so far this fiscal year, and about 7,900 are pending.

White House counsel Neil Eggleston predicted the president would issue even more commutations before leaving office, but added that 'clemency alone will not fix decades of overly punitive sentencing policies.'

The president this week is devoting considerable attention to criminal justice. In addition to his speech Tuesday in Philadelphia, he is to become the first sitting president to visit a federal prison when he goes to the El Reno Federal Correctional Institution outside of Oklahoma City on Thursday. He'll meet with both law enforcement officials and inmates.

In recent years, long drug sentences have come under increasing scrutiny and downward trends already are taking shape.

The Supreme Court has made sentencing guideline ranges advisory rather than mandatory. Obama signed the Fair Sentencing Act in 2010 to cut penalties for crack cocaine offenses. And last year, the independent Sentencing Commission, which sets sentencing policy, reduced guideline ranges for drug crimes and applied those retroactively.

Bryant Keith Shelton was put away for distribution of cocaine base in 2003

Bryant Keith Shelton was put away for distribution of cocaine base in 2003

Advocates for fair sentences expressed hope the president's actions would have a ripple effect in the states.

'I hope this sends a message to governors of states that have the power to grant clemencies to those who deserve a chance to be reunited with their families,' said Anthony Papa of the Drug Policy Alliance. Papa was granted clemency in New York in 1997 after serving 12 years under state drug laws. 

Obama this week is devoting considerable attention to the criminal justice system. He plans to lay out ideas for how to improve the fairness of the system during a speech to the NAACP in Philadelphia on Tuesday. 

And on Thursday, he is to become the first sitting president to visit a federal prison when he goes to the El Reno Federal Correctional Institution outside of Oklahoma City. While there, he will meet with law enforcement officials and inmates.

Obama said that after his commutations, there is still 'a lot more we can do to restore the sense of fairness at the heart of our justice system.'

Julie Stewart, president and founder of Families Against Mandatory Minimums, a group seeking changes in sentencing, said the organization was 'thrilled to see that more folks serving excessively long sentences for non-violent drug offenses are going home.'

'But they're leaving behind many equally deserving people,' she said, 'so let's keep these commutations coming, while remembering that clemency is a tool made necessary by our failure to reform mandatory minimum sentencing laws. Congress simply can't act fast enough.'

The 46 sentence reductions announced Monday are the most presidential commutations in a single day since the Lyndon Johnson administration in the 1960s. 

Obama has commuted the sentences of 89 people, surpassing the combined number of commutations granted by Presidents Ronald Reagan, George H.W. Bush, Bill Clinton, and George W. Bush.

ALL THE PRESIDENT'S MEN (AND WOMEN): CONVICTS SET TO BE RELEASED BY OBAMA

Jerry Allen Bailey — Charlotte, N.C.

Offense: Conspiracy to violate narcotics laws (crack)

Shauna Barry-Scott — Youngstown, Ohio

Offense: Possession with intent to distribute cocaine base

Larry Darnell Belcher — Martinsville, Va.

Offense: Possession with intent to distribute cocaine; possession with intent to distribute marijuana

John L. Houston Brower — Carthage, N.C.

Offense: Distributed cocaine base ("crack")

Nathaniel Brown — Orange Park, Fla.

Offense: Conspiracy to distribute cocaine (more than 5 kilograms) and cocaine base (more than 50 grams); distribution of cocaine

Norman O'Neal Brown — Hyattsville, Md.

Offense: Distribute quantity of mixture or substance containing a detectable amount cocaine base, aiding and abetting; possess with intent to distribute quantity of mixture or substance containing detectable amount of cocaine base , aiding and abetting

Joseph Burgos — Chicago

Offense: Distribution of cocaine; use of a communication facility in the commission of a felony

Clarance Callies — San Antonio

Offense: Conspiracy to distribute in excess of 50 grams of a mixture or substance containing a detectable amount of cocaine base; possession with intent to distribute in excess of 50 grams of a mixture or substance containing a detectable amount of cocaine base

Anthony Leon Carroll — Tampa, Fla.

Offense: Possession with intent to distribute cocaine base

Juan Diego Castro — Laredo, Texas

Offense: Possession with intent to distribute a quantity in excess of 5 kilograms of cocaine

Joe Louis Champion — Houston

Offense: Conspiracy to possess with intent to distribute 376.9 grams of cocaine base; aiding and abetting the possession with intent to distribute 376.9 grams of cocaine base

Cedric Culpepper — Orlando, Fla.

Offense: Possession with intent to distribute cocaine base; possession with intent to distribute 5 grams or more of cocaine base

Walter R. Dennie — Gary, Ind.

Offense: Conspiracy to distribute cocaine

Steven D. Donovan — Oak Creek, Wis.

Offense: Conspiracy to possess with intent to distribute cocaine; interstate travel to promote distribution of cocaine; possession with intent to distribute cocaine

Romain Dukes — Chicago

Offense: Conspiracy to distribute cocaine base, "crack"; distribution of cocaine base, "crack"

Tony Lynn Hollis — Knoxville, Tenn.

Offense: Possession with intent to distribute 26.5 grams of cocaine base

Alex William Jackson — Mineral, Va.

Offense: Conspiracy to distribute cocaine base

Jackie Johnson — Townsend, Del.

Offense: Possession with the intent to distribute more than 50 grams of a cocaine base

Jerome Wayne Johnson — Fort White, Fla.

Offense: 1. Cultivation of marijuana plants (Middle District of Florida)

2. Conspiracy to manufacture, distribute and possess with intent to distribute more than 1,000 marijuana plants

Willie C. Johnson — Steele, Mo.

Offense: The defendant did knowingly conspire to distribute and possess with the intent to distribute cocaine base; the defendant did knowingly distribute cocaine base; the defendant did knowingly possess with the intent to distribute cocaine base

Mark Anthony Jones — Boynton Beach, Fla.

Offense: Distribution of cocaine base

Roy Larry Lee — St. Petersburg, Fla.

Offense: Conspiracy to possess with intent to distribute cocaine base; distribution of 50 grams or more of cocaine base

Kenneth Lorenzo Lewis — Charlottesville, Va.

Offense: Conspiracy to distribute cocaine base

Douglas M. Lindsay II — Newberry, S.C.

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine and cocaine base

Kevin Matthews — James Island, S.C.

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base

Marlon McNealy — St. Petersburg, Fla.

Offense: Conspiracy to commit racketeering; conspiracy to distribute cocaine base; knowingly and intentionally distributing 50 grams or more of cocaine base

Brian Nickles — New Orleans

Offense: Distribution of more than 50 grams of cocaine base

Jermaine Lee Osborne — Roanoke, Va.

Offense: Conspiracy to possess with intent to distribute at least 50 grams of cocaine base

Marcus H. Richards — Miami

Offense: Conspiracy to distribute and to possess with intent to distribute more than 5 kilograms of cocaine and more than 50 grams of cocaine base

Patrick Roberts — Detroit

Offense: Conspiracy to possess with intent to distribute and to distribute controlled substances

Bryant Keith Shelton — Kissimmee, Fla.

Offense: Distribution of cocaine base

Ezekiel Simpson — St. Louis

Offense: Possession with intent to distribute cocaine base

Katrina Stuckey Smith — Montrose, Ga.

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base

James Marion Stockton – Martinsville, Va.

Offense: Possession with intent to distribute more than 5 grams of cocaine base; possession of a firearm during and in relation to a drug trafficking offense; possession of a firearm by a convicted felon; possession with intent to distribute cocaine base

Bart Stover — Ashland, Ohio

Offense: Conspiracy to possess with the intent to distribute marijuana and cocaine; use of a communication facility to facilitate the commission of drug trafficking offense, aiding and abetting

Robert Earl Thomas Jr. — Houston

Offense: Possession with intent to distribute a controlled substance

Bruce Todd — Atlanta

Offense: Distribution of at least 50 grams of crack cocaine

Jeffery Jerome Toler — Pensacola, Fla.

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base

Donald Vanderhorst — Charleston, S.C.

Offense: Conspiracy to possess with intent to distribute and distribution of 5 kilograms or more of cocaine and 50 grams or more of cocaine base

James Nathan Walton — Thibodeaux, La.

Offense: Possession with intent to distribute cocaine base

Telisha Rachette Watkins — Charlotte, N.C.

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base

Dunning Wells — Fort Myers, Fla.

Offense: Unlawful possession of a firearm; distribution of a quantity of cocaine; possession of a firearm during and in relation to a drug trafficking crime

Kimberly A. Westmoreland — Columbus, Ohio

Offense: Conspiracy to distribute in excess of 50 grams of cocaine base; carrying a firearm in relation to a drug trafficking crime

James Rufus Woods — Leasburg, N.C.

Offense: Possess with intent to distribute cocaine base ("crack")

John M. Wyatt — Las Cruces, N.M.

Offense: Possession with intent to distribute marijuana

Robert Joe Young — Joppa, Ala.

Offense: Conspiracy to possess with the intent to distribute a mixture and substance containing methamphetamine; possession with the intent to distribute a mixture and substance containing methamphetamine; use of a firearm during and in furtherance of a drug trafficking crime; possession with the intent to distribute a mixture and substance containing cocaine; carrying a firearm during and in relation to a drug trafficking crime; endeavoring to influence and impede the administration of justice

Source: NPR 

 

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