

My brother has been in prison for over 23 years and deserves a second chance.


My brother has been in prison for over 23 years and deserves a second chance.
The Issue
On June 4, 1997, my brother turned 18 years old. Two days later, on June 6th, he found himself involved in a crime that would forever change his life and our family’s as well. It all started when a friend called the house asking for a ride expecting my other brother but instead was answered by my brother Ramiro. However, Ramiro did not know that this friend had kidnapped someone and was going to face a never-ending nightmare. The friend was high, impulsive, and dangerous which had Ramiro afraid of what could happen to him or our family if he didn’t comply. On June 19, 1997, my brother was arrested and in 1998 he was tried by a jury and found guilty of kidnapping. In 1999 at sentencing, he was sentenced under relevant conduct for “causing a death”, which changed his sentence from any term of years to a sentence of life without parole. Today his sentence would be the same as his co-defendants who have been set free long ago. My brother Ramiro is now 41 years old and has served over 23 years incarcerated. The time that he has been in prison has been used to receive education and he has also participated in several programs. He has received numerous achievement certificates. For example, he acquired his G.E.D to begin and finish the following courses; Computers, Business Management, Associated of Arts and Science Degree, Drug Abuse, Evangelism, Oil Handling, etc.. There are over 30 certificates. He also has letters of recommendation and productive conduct from BOP staff members as well as the letter from Ramiro’s sentencing judge on his behalf to the Pardon Attorney, which speaks for justice to be served. I was Ramiro Astello’s trial and the sentencing judge. I sentenced him in 1999. I retired as a federal district judge in the Northern District of Iowa after twenty-four years of service. Including his time in pre-sentencing custody, Mr. Astello has now served more than twenty-two years of his sentence. He was sentenced while the U.S. Sentencing Guidelines were still mandatory, and I had no choice but to give him a life sentence that was required at that time. His two co-defendants tried with him received much lighter sentences and are now out. That is also true of about a half-dozen others involved in the crime that either plead guilty and received less harsh sentences or were allowed to plead in state court and also received substantially less severe sentences. He turned 18 just two days before the crime and three others were juveniles and plead guilty in state court and have been released years ago. He was not the most culpable of all the defendants. As I recall, Mr. Astello was only 18 years old at the time of his arrest and not much older than that when I sentenced him. A little over a decade ago I visited with Ramiro Astello. We had the opportunity for a long talk. I knew right away that he was a very changed person. He was deeply remorseful for his role in the crime and working hard to take every class or course he could to better himself. His caseworker told me he was a model inmate and a pleasure to work with. I left my meeting with him deeply regretting that I had been required to sentence him to a life sentence. I also vividly recall at his sentencing explaining that my hands were tied as a result of the mandatory guidelines then in effect and that had I had discretion, while I would have given him a lengthy sentence, it would have been nowhere near a life sentence. I have given many life sentences, and many were well earned – his was not. It is my deepest regret as a federal judge that I was required to give Mr. Astello a life sentence. At bottom, he simply went along with older members of the group that directed his conduct. His record of classes taken, jobs performed, certificates earned, and letters from BOP staff, family, and friends speak volumes about his incredible personal efforts at rehabilitation. I urge you to request President Biden under the powers vested in him by Article II of the U.S. Constitution to grant Ramiro Astello relief from his life sentence so that justice may be served. Thank you from the bottom of my heart for considering this request. Having sentenced over 4000 offenders in five different federal district courts, this is the sentence that troubles me the most.
Ramiro is highly regarded by the people he comes in contact with and is much loved by his family and friends. Upon his release, he has such valuable and unconditional support from family, friends, and the local church. Let’s stop costing the taxpayers and help set my brother Ramiro free.
Supporters, please help my brother Ramiro by signing this petition and share it with everyone that you can to gain clemency from President Joe Biden and the office of the Pardon Attorney.
President Biden and U.S Pardon Attorney, please support this petition and by the powers vested in you, grant my brother Ramiro Astello a release. He has suffered and served his time well overdue.
https://www.change.org/p/president-donald-trump-please-pardon-my-chronically-ill-father/u/27848930
2,207
The Issue
On June 4, 1997, my brother turned 18 years old. Two days later, on June 6th, he found himself involved in a crime that would forever change his life and our family’s as well. It all started when a friend called the house asking for a ride expecting my other brother but instead was answered by my brother Ramiro. However, Ramiro did not know that this friend had kidnapped someone and was going to face a never-ending nightmare. The friend was high, impulsive, and dangerous which had Ramiro afraid of what could happen to him or our family if he didn’t comply. On June 19, 1997, my brother was arrested and in 1998 he was tried by a jury and found guilty of kidnapping. In 1999 at sentencing, he was sentenced under relevant conduct for “causing a death”, which changed his sentence from any term of years to a sentence of life without parole. Today his sentence would be the same as his co-defendants who have been set free long ago. My brother Ramiro is now 41 years old and has served over 23 years incarcerated. The time that he has been in prison has been used to receive education and he has also participated in several programs. He has received numerous achievement certificates. For example, he acquired his G.E.D to begin and finish the following courses; Computers, Business Management, Associated of Arts and Science Degree, Drug Abuse, Evangelism, Oil Handling, etc.. There are over 30 certificates. He also has letters of recommendation and productive conduct from BOP staff members as well as the letter from Ramiro’s sentencing judge on his behalf to the Pardon Attorney, which speaks for justice to be served. I was Ramiro Astello’s trial and the sentencing judge. I sentenced him in 1999. I retired as a federal district judge in the Northern District of Iowa after twenty-four years of service. Including his time in pre-sentencing custody, Mr. Astello has now served more than twenty-two years of his sentence. He was sentenced while the U.S. Sentencing Guidelines were still mandatory, and I had no choice but to give him a life sentence that was required at that time. His two co-defendants tried with him received much lighter sentences and are now out. That is also true of about a half-dozen others involved in the crime that either plead guilty and received less harsh sentences or were allowed to plead in state court and also received substantially less severe sentences. He turned 18 just two days before the crime and three others were juveniles and plead guilty in state court and have been released years ago. He was not the most culpable of all the defendants. As I recall, Mr. Astello was only 18 years old at the time of his arrest and not much older than that when I sentenced him. A little over a decade ago I visited with Ramiro Astello. We had the opportunity for a long talk. I knew right away that he was a very changed person. He was deeply remorseful for his role in the crime and working hard to take every class or course he could to better himself. His caseworker told me he was a model inmate and a pleasure to work with. I left my meeting with him deeply regretting that I had been required to sentence him to a life sentence. I also vividly recall at his sentencing explaining that my hands were tied as a result of the mandatory guidelines then in effect and that had I had discretion, while I would have given him a lengthy sentence, it would have been nowhere near a life sentence. I have given many life sentences, and many were well earned – his was not. It is my deepest regret as a federal judge that I was required to give Mr. Astello a life sentence. At bottom, he simply went along with older members of the group that directed his conduct. His record of classes taken, jobs performed, certificates earned, and letters from BOP staff, family, and friends speak volumes about his incredible personal efforts at rehabilitation. I urge you to request President Biden under the powers vested in him by Article II of the U.S. Constitution to grant Ramiro Astello relief from his life sentence so that justice may be served. Thank you from the bottom of my heart for considering this request. Having sentenced over 4000 offenders in five different federal district courts, this is the sentence that troubles me the most.
Ramiro is highly regarded by the people he comes in contact with and is much loved by his family and friends. Upon his release, he has such valuable and unconditional support from family, friends, and the local church. Let’s stop costing the taxpayers and help set my brother Ramiro free.
Supporters, please help my brother Ramiro by signing this petition and share it with everyone that you can to gain clemency from President Joe Biden and the office of the Pardon Attorney.
President Biden and U.S Pardon Attorney, please support this petition and by the powers vested in you, grant my brother Ramiro Astello a release. He has suffered and served his time well overdue.
https://www.change.org/p/president-donald-trump-please-pardon-my-chronically-ill-father/u/27848930
2,207
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Petition created on October 13, 2020