Andrew committed a nonviolent marijuana crime. For that, he's serving about 18 years in federal prison without the possiblity of parole.

For perspective, the national average sentence for murder is 22 years—and most murders can make parole.

In particular, in 2010 tragedy struck. Andrei's longtime live-in girlfriend committed suicide. In a panic and in shock, Andrei called 911. When police arrived, their focus turned to marijuana that was found at Andrei's home. This prompted them to search the rest of his home, including a locked safe that held firearms.

What started as a 911 call surrounding a tragic event in Andrei’s life ended with an 18-year federal prison sentence.

In all, Andrei was held responsible for possession with the intent to distribute marijuana. Since he had marijuana at the house and guns in a safe, he received two additional sentences for the firearms, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm. 

But there was another problem. Andrei had a prior conviction for Evading Arrest With a Motor Vehicle. (Andrei did not lead law enforcement on a high-speed chase. Hardly. He went about 20 yards in his car, in a parking lot.)

At that time, Evading Arrest was considered a crime of violence. Andrei also had a prior conviction stemming from his youth when he was 18. Because of the two previous convictions, coupled with the present marijuana offense, the U.S. Sentencing Guidelines categorized Andrei as a Career Offender. The U.S. Sentencing Guideline range for a Career Offender added decades to Andrei's sentencing range, inflating the range to 360 months in prison to life in prison.

As a result, Andrei was sentenced to 18 years in federal prison.

In the last decade-plus since Andrei was sentenced, a lot of marijuana laws have changed, as has public sentiment. Not only has it become legal in many states, but it will eventually be downgraded to a schedule III controlled substance. But that's not all that has changed. Additionally, because of an intervening landmark U.S. Supreme Court ruling, Evading Arrest with a Motor Vehicle is no longer a crime of violence.

Thus, if Andrei were sentenced under the current laws today, he would not be sentenced under the much harsher Career Offender Guidelines, reducing his U.S. Sentencing Guideline range (i.e., his starting point) by decades.

Andrei is 47 and has been in prison for nearly 12 years. He has strong family support and has invested in post-conviction rehabilitation. With good time, he's served most of his 17-and-one-half-year sentence.

Andrei has been placed with an amazing legal advocate who is focused on marijuana cases.

Please sign and share his petition.