My son is trapped in a Federal Penitentiary for inheriting his dad's guns. Sentenced to 15 years in the MAX because of a technical error. Senators Warren and Markey, This is your responsibility.  Please get a small amendment passed that can make a huge Impact for justice, mercy, correcting a grammatical error in a federal statute and saving taxpayers a boat load!! 

President Regan’s crime bill of 1984, introduced a sentencing enhancement for Armed Burglars and Robbers who had committed their fourth armed offense. It is known as The Armed Career Criminal Act or A.C.C.A. with a Mandatory Minimum punishment of 15 years, and no chance of parole. It became Title 18 USC § 924(e)(2)(A),  

    In 1986, an amendment to 924 was passed to include other armed crimes for enhancement with the A.C.C.A. -  Serious Drug trafficking crimes committed with a firearm were added to the list, as were an assortment of violent felonies; Murder, Arson, use of explosives things like that.

    Some years later another amendment as to what determines a “Serious Drug Crime” was passed. - This is where you messed up,  {you older, probably passed by now Congresswomen and Men} when you said:  Drug  crimes no longer had to be armed?  “ Don’t worry son, WE CAN BRAND YOU AS AN ARMED CAREER CRIMINAL; even if you don’t commit any crimes with a gun.. All you have to have done  { maybe 25 years ago} is violate a statute with a Maximum term of imprisonment of TEN years or more”.   Each circuit interprets the law in their own way.

      In the U.S. First Circuit for the Eastern District of Massachusetts, the Court has determined that MA Gen. Law Chapter 94c, Section 32(A)(a), which has a punishment  of “not more than TEN years” in a State prison,  does qualify for A.C.C.A. that they MEET at Ten. The Federal Floor meets the Massachusetts Ceiling?  Rather ambiguous in my opinion.

     But, what makes the First Circuit’s interpretation especially erroneous is 32(A)(a) has two punishments under the one subsection (a):  The first, as mentioned, “Not more than ten years in a State Prison”.  The second is “Not more than 2.5 years in a jail or House of Corrections”.

The United States Sentencing Commission determined, “the facts of the case do not matter; only the elements of the statute”.  Imagine having only paid a fine or having been sentenced to only 90 days in a H.O.C. for drug possession , years ago;   I doubt that Congress would want Federal prosecutors, in the First Circuit, twenty five years later, or at any time to use Section 32(A)(a) as a “Serious Drug Offense” tacking on a 15 to life sentence enhancement, because the two different punishments are under the same sub section!  Tearing families apart, and don’t forget;  many times we are paying for the families housing, food, medical. as well as $40,000 on average per inmate per year! You say you want to stop mass incarceration, here is a good, easy, inexpensive start. 

Fortunately, there is a very simple fix. CONGRESS PLEASE:

Instead of 18 USC§924(e)(2)(A) saying: “a Maximum term of imprisonment of TEN years or more”  The Revised language: “A term of imprisonment of more than Ten years” there it is so easy. This way a “serious drug crime” would be one that was punished from ten and a day, rather than a first offence punished from zero.  Please consider this an opportunity to right a lot of wrongs! Help create a more just & equitable society. And please, retroactively for direct appeals.

Massachusetts legislators;

 Amend 32Aa to be just the “not more than 2.5 in a  H.O.C”.                   32Aa1 to be the punishment of “not more than 10 years in the State Prison”