Injustice Committed By Judicial System At Tax Payers Expense
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Hi, my name is Angela Hearing and I'm sharing this story with you because I have a loved one (my Big Brother) incarcerated in prison with a twenty year sentence that is the result of a United States Federal Judge's miscalculation. This story is important and need to be shared with the world because my brother is serving an additional nine years in prison because his sentencing judge erroneously calculated it's drug quantity finding of 11 x 63 grams and believed that it equaled 6,900 grams instead of 69 grams. Think about it, would you and your family be hurt if this type of injustice happened to your brother, father, son, friend or any loved one in general. The problem with my Brother's situation is very unfair because the Federal Judge that made this terrible miscalculation ten years ago at my Brother's original sentencing hearing just had the opportunity to correct his faulty calculation, but refused to do so in an unreasonable, unfair and arbitrary manner. It don't feel good to me and my family knowing that we're paying taxes to the United States government to house my brother for an additional 9 years behind a clear mistake made by a Federal Judge.
I respectfully ask that you continue to read this letter for a few minutes so I can explain to you and the people of the United Nation the details of the injustice that has been committed upon my Brother. Once you read the details of the situation at hand, I respectfully ask that you sign this petition and give a brief comment or suggestion on how you would feel if this were your loved one, and what you think should be done to resolve this injustice.
Details of the situation. My Brother's name is Archie Bradfield aka "Bear", and he's from the southwest side of Chicago (Englewood "66-6700 S. Wolcott and Winchester area). My Brother was federally indicted in 2008 for selling crack cocaine in a small town in Galesburg, Illinois. My Brother pleaded guilty and was sentenced by United States Federal Judge Micheal M. Mihm out of the Central District of Illinois (Peoria). My Brother's sentence was based on drug quantity and drug type. Meaning that, whatever the sentencing judge determined my Brother's drug quantity to be, that quantity was referenced to a sentencing chart that set sentencing guideline ranges for those quantities. In my Brother's case, the judge made a drug quantity finding (determination) after hearing testimony from my Brother's codefendant regarding the scope of their drug distribution throughout the time of their charged conspiracy. After hearing testimony from my Brother's codefendant, the sentencing judge made a finding that my brother was responsible for giving his codefendant 63 grams of crack cocaine 11 times total. However, the sentencing judge made a terrible miscalculation of 11x63 and believed that 11x63 grams was 6,900 grams instead of 693 grams, and that half that was 3,450 grams instead of 346 1/2 grams. Unfortunate for my Brother the sentencing judge relied on his faulty calculation in making his sentence determination for him. Meaning that, the Judge applied the guideline range that was designated for a drug quantity of more than 1500 grams but less than 4500 grams instead of a range for a quantity of 346 1/2 grams or no more than 693 grams (that's at least a 10 yr difference in a sentence right now today). However 6 yrs later in 2015 my Brother discovered the Judges Faulty calculation while reading over his sentencing transcripts. During the time my Brother discovered the miscalculated drug quantity, the United Stated Sentencing Commission had made "Retroactive Amendments" to the sentencing guideline chart by lowering drug quantity thresholds for all drug types (Amendment 782, "All Drugs minus two"). Meaning that, the drug quantity that my Brother sentencing Judge determined he was responsible for at sentencing had now been lowered by two levels; Therefore, making my brother eligible for a reduction.
My Brother filed for a reduction under the new guideline amendment. In my brothers motion he explained to his sentencing Judge that: 1). He was eligible for a sentence reduction because his sentence had been subsequently lowered by the Retroactive Amendment to the Sentencing Guideline. (Thats the first Gatekeeper Rule); 2). It had made a drug quantity finding of 11 transactions of 63 grams at his original sentencing hearing, and that the correct calculations of that amount is actually 10 X's lesser then the amount of his faulty calculations led him to believe it was. Most importantly, my brother explained to the Judge in his motion for a reduction that the law "Requires that a Judge determines a Defendants Drug Quantity attributed to him in order for him to Rule on a 2 level sentence reduction" ( The motion that must be filed to request for a reduction is called " 18 U.S.C 3582 (C)(2) motion"). My brother also explained to the Judge and presented binding case law that not only requires that the Judge determine the Drug Quantity when ruling on a 3582 2 Lever Reduction Motion, But that a Judge can also make a New Drug Quantity Finding ( Determination) When Ruling on a 2 Level Reduction Motion "For Good Reason" so long as the requested new finding is supported by the record and not inconsistent with the Courts Original Sentencing Finding.
As you can see, the correct legal procedure was available giving the Judge Authority to Rule on my Brothers motion, and my brother was in full compliance with the law which permitted him to request that the Judge make a new Quantity Finding while ruling on his 2 Level Reduction Motion.
If the Record clearly demonstrates that the Judge miscalculated and that Miscalculation resulted in a Incorrect Sentence; should the Judge correct His miscalculation if the Legal Procedure is available?
Enclosing, My Brother has now filed his case to the United States Supreme Court because the Sentencing Judge has refused to acknowledge and correct his calculation; and the United States Appellate Court has turned a blind eye to this Injustice when my Brother Appealed the issue to them. Right now my Brothers' Family & Friend's are waiting to see if the Supreme Court is going to pick up the case for review.
If you are someone that can feel Me and My Families' pain and feel as though the United States Supreme Court should review my Brothers' case and send it back to the Sentencing Judge with instructions to calculate 11 X's 63 correctly, and apply the correct amended Guideline Sentence to that amount, or at least instruct the Sentencing Judge to explain how his calculation is NOT FAULTY.... PLEASE SIGN THIS PETITION; or If, You are a Tax payer like Me and My Family and you feel as though your Money should not be wasted on imprisoning a person for a extra 9yrs because of a unfair Sentence imposed by a Federal Judge..... PLEASE SIGN THIS PETITION and give a brief comment. I hope and pray that you share this story with your Friends or anybody that can help Me and My Family end this Injustice that My Brother suffers from by the hands of the Judicial System.
Thank you for your TIME, SUPPORT and EFFORT........................Angela Hearring
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