First Step Act Discretion
The below article was written by a Federal Prisoner. His judge is District Judge Pain. Is a law that's discretionary a law or ridicule? You decide.
Written by: Taubari Latson #27060-083, Eastern District of Virginia, United States v Latson, Case No. 2:95-cr-193.
Peace! I am a 45 y/o Black male serving life for drug conspiracy (crack), and 60 months for use of a firearm in relation to a drug trafficking crime. I have been incarcerated since April 3, 1995, if sentenced today under the First Step Act of 2018 the most time I can receive is 248 months, which would ultimately result in time served. Due to the Courts having discretion to deny this change in law, and my Judge not being favorable in granting FSA motions, I was forced to withdraw my motion. Under FSA defendants only get one chance to file, for fear of not getting a fair hearing my lawyers advised that I continue to sit in prison and wait on either some new case laws or for my judge to retire. We are in dire need of Prison Reform, I am only one of the First Step Act, but because these judges get to pick and choose who they want to apply the law to we must continue to sit in prison and watch life pass us by. I have personally witnessed the inconsistent decisions being handed down on defendants from filing FSA motions requesting sentence reductions. How is it that 3 defendants can have life sentences for the exact same thing, but each get different sentence reductions? One judge reduces a defendant’s sentence to time served, the second judge reduces a defendant’s sentence to 40 years, and the last judge chooses to use his discretion and not grant a reduction at all, leaving a defendant with a life sentence. This is the 25th year I have been away from my family, it’s bad enough I didn't get a chance to raise my son but now I can't even see my first grandchild that was born a few months ago. I'm doing a life sentence for some ghost dope and a 4 year run I had in the streets from age 16 to 20, my prior criminal record consists of a few felonies and a host of driving infractions, a life sentence for me is definitely cruel and unusual punishment. I am seeking help in finding Justice for me and my family, I made mistakes and I have done the time for them, now I need help getting free. Free Sco!
Taubari Latson #27060-083,