We are urging the POTUS, Mr. Donald J. Trump, to grant Richard's Petition for Commutation of Sentence and reduce his sentence from 262 months to 135 months for his role in a non-violent drug conspiracy.  Richard is serving an excessive sentence which resulted from the unjust consequences of the trial penalty.

Richard is currently serving a 262-month sentence with an additional 10 years' supervised release, totaling 31 years and 10 months, for his brief role in a non-violent drug conspiracy. He has been incarcerated since June 13, 2017 (96 months). Richard refused to cooperate and instead chose to exercise his right to trial which is enshrined in the 6th Amendment of the Constitution. Yet, those who exercise that protected right are subjected to a very real and harsh "Trial Penalty". This trial penalty has resulted in a disproportionately harsh sentence compared to his codefendants who either played an equal or far more culpable role in the conspiracy.

To illustrate the profound injustice of Richard's sentence and highlight the severe impact of the trial penalty, consider the following facts:

○ The leader and principal player of the conspiracy received a sentence of 74 months. This individual was apprehended in possession of 252 grams of methamphetamine, a semi-automatic handgun, ammunition, and extensive drug paraphernalia. Furthermore, they orchestrated a dangerous car crash to aid an escape attempt. Despite these offenses, Richard's sentence exceeds their sentence by 355%. This is a direct result of their cooperation versus Richard's refusal to cooperate and exercise his sixth amendment trial right.  Not only is there a significant disparity between Richard's sentence and the conspiracy's organizer, but Richard's sentence also exceeds all 5 of his codefendant's sentences combined by 44 months. Even more outrageous, Richard is the only remaining defendant who is still incarcerated, all of the codefendants have been released. 

○ The disparity becomes even more apparent when comparing Richard's 262-month sentence to national averages for more serious crimes (United States Sentencing Commission Data):

Fiscal Year 2024: Average sentence for Murder, 274 months; Kidnapping, 190 months; Drug Trafficking, 82 months

Fiscal Year 2023: Average sentence for Murder, 285 months; Kidnapping, 199 months; Drug Trafficking, 82 months

Fiscal Year 2022: Average Sentence for Murder, 261 months; Kidnapping, 184 months; Drug Trafficking, 78 months

Richard's sentence, for a non-violent drug conspiracy, significantly surpasses the average sentence for drug trafficking and is comparable to, or even exceeds, sentences for murder and kidnapping. This immense disparity is a direct consequence of the systemic "trial penalty".

As Christopher J. Boudreaux noted in "An Economic Analysis of a Trial Penalty, "defendants who accept plea bargains face an average sentence of 11.1 years, while those who exercise their sixth amendment right to trial and are found guilty face an average of 18.92 years, a 70% trial penalty."

Further evidence of this pervasive issue includes:

○ A 2018 report by The National Association of Criminal defense Lawyers (NACDL), The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It, highlights that less than 3% of federal and state cases go to trial due to the fear of harsher sentences. They cite Gladstone Morrison, who received over 15 years after declining a 3-year plea deal, as an example of a trial penalty five times greater than the plea offer. https://www.nacdl.org/landing/trialpenaltyclemency?

○ The ACLU of New Jersey, in a 2024 article, observed that "judges sometimes impose harsher sentences due to their frustration with defendants who opt for trials", and advocate for clemency to mitigate these immoral disparities for those serving excessively long sentences due to trial penalties. https://www.aclu-nj.org/en/news/extreme-trial-penalties-are-deeply-unjust-categorical-clemency-can-bring-justice

○ A 2023 report from The Brennan Center for Justice, on federal sentencing connects mandatory minimums to the trial penalty, leading to disproportionate sentences, especially in drug cases, and calls for expanded clemency. https://www.brennancenter.org/our-work/analysis-opinion/what-can-federal-courts-do-about-extreme-outdated-sentences

Beyond the sentencing disparities and the unjust consequences of the trial penalty, Richard has demonstrated remarkable commitment to personal growth and development during his incarceration. He has successfully reduced his recidivism from high to low pursuant to criteria set forth in The First Step Act of 2018. Some of his achievements include numerous programs and certifications: Culinary Training, SERVSafe Food Handlers Certification, Controlling Food Cost for Restaurant Management, Integrated Pest Management and its companion course, Termite and Wood destroying Organisms (Perdue University), Certified Logistics Associate, Certified Logistics Technician (MSSC), just to name a few. Richard has also actively engaged in community service within the institution teaching fellow inmates how to research and navigate their way around the Electronic Law Library Nexis Lexis System.

Mr. President, granting Richard's clemency would not only rectify a profound injustice driven by the trial penalty, but also empower an individual dedicated to contributing positively to society and assisting others facing similar systemic challenges. We honorably request your favorable consideration of his petition.

Respectfully,

We the undersigned & Richard Champion