Sign this Petition for Alex Garcia's Clemency
Sign this Petition for Alex Garcia's Clemency
Why this petition matters
My husband Alejandro Garcia, Register number 21764-279, is currently serving a 30-year sentence for a non-violent drug offense. The sentence originally imposed was LIFE as a consequence for his frivolous pro se defense as his own attorney (self-representation). He lost all his benefits of early plea, acceptance of responsibility. Alex had a great attorney the now deceased David B. Friedman, who could have gotten him under 20 years, but thanks to a con man named Amur Mashug El, who was targeting inmates like Alex, by sending to county jails the self-representation packets for a fee of $5,000, or, even worse, he would file frivolous argument briefs on the inmates behalf. This all happened in between 2011 to 2012 and then, in a 2014 complaint filed with the State Bar Unauthorized Practice Committee, who in turn took Alex's case and sent Amur a caution letter and referred criminal charges to the US district attorney's office for Fraud. For proof of all these please go to NC unauthorized practice committee file number 14 AP 0069. Amur ended up with a federal criminal case for what he did. Please see or look up United States of America vs. Amur Mashug El, Case Number CR-00166-MOC-DSC.
Alex lost out of receiving a sentence less than 20 years as agreed in his plea agreement for attempting to withdraw his plea and self-representation. Even with all mentioned above, a LIFE sentence was not required in my husband's case because the plea agreement still stood, and he was not able to withdraw. He still pled early and he still accepted the responsibility and apologized and such sentence was never just or fair for a nonviolent drug case. Alex would be home by now because a 20 years sentence and the recent two-point drug amendment of 2016, would put him home right around now there was also a big sentence disparity and Alex's case because all his co defendants got from as little as 40 months to 120 months and the highest was 210 months nothing nowhere near life or the current 360 months that Alex serves today.
Even though my husband had had several driving without a license, speeding, racing, and traffic infractions, and one sell of small amount of cocaine to an undercover, he has never done time in prison other than 10 active days for probation violation and three and a half years of probation. Alex has absolutely no history of violence.
I married Alex when he was 18 and he was introduced to drugs around the age 23 or 24 but all that stopped at the age of 28, when he was arrested of federal conspiracy charges. Alex has continually been incarcerated since September 9th of 2009 and is now 40 going on 41 this year (2022), with a release date of May 8th 2035. Alex fully accepts responsibility for both his foolish self-representation on sovereignty and for the drug offenses committed as well. He is truly remorseful for any and all harm caused to his community, family and those affected by his drug involvement. He has expressed this guilt, shame and remorse in heartfelt letters to me, family, friends his district judge and President of the United States.
On a positive note, during the 151 months of incarceration, Alex has taken advantage of all BOP educational courses offered. Alex has furthered his education and completed 59 programs; most important, programs like completion of his GED, Challenge Program, Mentorship, Parenting, Vocational Training and most recently he has been certified as a Paralegal from Blackstone Law. He has also completed two more advanced courses on criminal law and civil litigation from Blackstone Career Institute. Alex has not only completed many courses but has also facilitated and taught fellow inmates in mentorship, parenting, Spanish as a second language, and facilitator at the challenge program after he graduated. He also taught Spanish GED at Fort Dix and has maintained a law clerk job since 2017.
For all this he has prison support letters describing his job skills and his facilitating and teaching fellow inmates. Alex sentencing judge recommended he participate in drug programs; Alex has completed non-residential drug program and Challenge program, which have helped Alex address issues of drug addictions, mental illness, criminal thinking through workbooks in class sessions that identify thinking errors that led him to previous criminal involvement in drugs and marijuana. Programming is very important because it has helped Alex heightened his awareness socially, educationally, and spiritually, allowing him to be more aware of any future decisions in order not to repeat his past mistakes.
Alex is a member of a loving family who has constantly supported him. Most of his family are in Dallas, Houston, McAllen, Texas. Alex suffers for his mother's passing on February 7th, 2020, and his father being disabled on one side of his body due to a 2019 stroke. As his wife, I visit him regularly and communicate with him via prison phone and corrlinks email service. All his family, friends, siblings, and cousins, continue to offer strong emotional support through phone calls, cards, letters and visits, allowing him to maintain a powerful bond with family. With such solid support system including a loving wife, Alex will have the stability to rebuild his life and become a productive member of society if given the chance and opportunity. Alex is supported by numerous prominent members of society to include the following his brother Miguel Garcia Jr., a US citizen, taxpayer, father of two, who works at AVDEC Aviation and has secured employment for Alex at AVDEC should he be released here in the United States. His sister, Lucia Garcia, who is a long time health department worker in Lincolnton NC, Jorge Acosta who has worked at Southern glacier distributors wine and spirits in Houston Texas for years, Lillian Acosta human resource manager of Home Depot, Chaplain Edith T. Saavedra from God Special Altar Prison Ministry, Fernando Salinas, Cousin, who ran for McAllen District 6 Commissioner in 2021. Lisa Jacobi of the CAN-DO Foundation, also Tawanda Vandroff of Second Chance to Bridge The Gap, Ashley Nicole Gibson who works at Hickory Daily Record. Alex also has support from his recent appeals court appointed counsel who was in the Forbes Magazine 30 under 30 in the 2016, and is currently a Law Professor at the Washington University and St Louis School of Law who wrote a support letter after Alex got denied on November 15, 2021, to the US Pardon Attorney on December 14, 2021, and stated the following regarding Alex:
"Mr. Garcia is deserving of clemency; from the beginning he has accepted responsibility for his conduct and has worked hard to make amends. He has been a model prisoner focusing on educating himself strengthening his faith and building a relationship with his family. While the crime Mr. Garcia committed was serious, he has served a substantial amount of time in prison and during that time he has turned his life around. Mr. Garcia is now 40 years old and genuinely wants nothing more than the chance to show that he can be a productive member of society. I have no doubt that he is serious in his desire. Over my career I have had the honor of representing dozens of defendants in the criminal justice system. I can genuinely say that Mr. Garcia is one of the kindest most thoughtful and respectful people I have come across I hope you grant this petition."
So will put above by professor Daniel Scott-Harawa it was truly a blessing from Jesus Christ above down to Alex to have had the privilege to have this professor appointed to his FSA appeal.
There is no rational justification for my husband to have received a life sentence for his first ever incarceration for non-violent drug and marijuana conspiracy, a case riddled with hearsay and statements with no actual possession for Alex himself yet Alex still accepted the responsibility that came attached with enhancements of leadership and other stuff. Should Alex have to serve his full sentence up until May 8th, 2035? He would be released at age 54 which ultimately strips Alex of any opportunity for a second chance at life beyond prison. My husband Alex deserves a second chance all his co-defendants are now home except Alex. Please join me by supporting and signing this petition to urge President Joe Biden to grant clemency for Alejandro Garcia his current clemency case file is C299748. Let's support this petition to show our nation's leaders that life or even 30 years is not appropriate for a non-violent drug offender; being that marijuana is now legal in many states for medical and recreational use. Big marijuana growers of today like Tilray and Sundial growers make a lot of money without jail time. Alex's sentence would not be the same under United States Sentencing Guidelines of 2022; he would not have received nothing near what his 2009 guidelines recommended for him from 360 to life at base offense level 44.
Alex most recently got denied the benefit of Fair Sentencing Act of 2010, and the First Step Act, retroactive section 404 the appellate Court acknowledged that nothing in the record showed that he did or did not receive benefit of the fair sentencing act of 2010 at his sentencing hearing on December 5th, 2012, the sentence would have been capped off at 5 to 40 years and not ten to life had his PSR been updated to show that 2010 FSA had applied but clearly his PSR showed nothing more than a 2009 version of the guidelines and that omission and silence of the record both worked to the courts advantage and not Alex's.
I pray this petition may shed some light on my husband's case and everything stated here can be verified via court filings or simply Google Alex's case. I know my husband made a great mistake in life but his thinking in his twenties is so much different than his thinking now in his 40s there is proof that he was also victimized by the scam and rip off of Amur Mashug El, that helped land him the LIFE sentence. I graciously thank you all for taking your time to read this and for your love and support for my hubby Alex Garcia and efforts to help give him a second chance at life.
"All things are possible with Christ Jesus alongside Emmanuel God with Us"