The ACLU has submitted written testimony to the Inter-American commission on Human Rights for its hearing on racism in the criminal justice system of the United States. What the ACLU found was that sentences imposed on black males in the federal system are 20% longer than those imposed on white males convicted of similar crimes. Scholars have also noted that federal 851 sentencing enhancements, which at a minimum double federal drug defendant's mandatory minimum sentences if the defendant has a prior drug conviction, are applied by federal prosecutors in an arbitrary and racially discriminatory manner and exacerbate racial disparities in the criminal justice system. While the U.S. Dept. of Justice and the U.S. Sentencing Commission do not develop or publicize data on racial disparities in prosecutors' application of this federal drug sentencing enhancement, the U.S. Sentencing Commission has reported that black offenders qualified for the 851 enhancement at higher rates than any other racial group.

     When the First Step Act was signed into law in 2018 lawmakers sought to remedy some of these injustices. Among other things this new law eliminated the practice known as 924(c) stacking and also changed the type of prior drug offenses that could be used to trigger an enhanced sentence. Under the old law prior convictions for things like paraphernalia and drug residue could be used to require a judge to impose a sentence of life without parole even if the current offense was considered low-level. However, under current law, a previous drug felony has to be considered "serious" to qualify for these enhanced penalties.

     Unfortunately these changes were not made retroactive. What that means is that there are individuals in the federal system serving life sentences for offenses that under modern law only call for 10 years. Not only does this disproportionately affect people of color, but this unequal application of the law undermines my faith in our public institutions.

     I fully support the rule of law and I fully expect that those that violate our laws be held accountable so that my family and I can feel safe in our homes and communities. But I also expect fairness and equality. The idea that the difference between a person being scheduled to die in prison or being scheduled to be released is solely determined by the date of the offense is absurd, it is un-American, it is immoral and simply put, it's just not fair.

     Today I am bringing this travesty of justice to your attention and demanding that you take action. A bill called the First Step Implementation Act (HR 3510) seeks to make the changes that have already been made retroactive so that our laws apply equally to everyone. Although I am encouraged by the progress of the Equal Act I beg that you will not leave this other group behind. Please support this important piece of legislation by sponsoring the First Step Implementation Act today.

 Thank You