Project for Opportunity and Safety

Now Is The Time For Conservatives To Reform Our Federal Sentencing System

NBC News Puts A Spotlight On The Need To Reform Our Federal Sentencing System

Leo Guthmiller Was Sentenced To A Minimum Of Ten Years In Prison After “A Junkie And His Girlfriend, Facing Stiff Prison Sentences, Had Told Investigators That Guthmiller Had Introduced Them To His Meth Dealer Around The Time He Was Getting Sober.” “When he was an addict and petty criminal, Leo Guthmiller knew little, and cared less, about the federal government’s harsh drug sentencing laws. The worst he’d endured was 90 days at the county lockup in Lincoln, Nebraska. Then, last April, nearly two years after he’d stopped popping painkillers and smoking methamphetamine, Guthmiller was arrested by two federal agents as he headed for a drug counseling session. He later learned why: a junkie and his girlfriend, facing stiff prison sentences, had told investigators that Guthmiller had introduced them to his meth dealer around the time he was getting sober. That made him the middleman in a street-level drug distribution scheme. Because this was a federal case, and the amount of meth exceeded 500 grams, or 1.1 pounds, Guthmiller was suddenly facing at least 10 years behind bars as a co-conspirator.” (Jon Schuppe, “As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,” NBC News, 5/2/16)   

Guthmiller Was “A Changed Man: Sober, Working, Studying For His GED, Leading AA Meetings, Completing A Drug Court Program, Newly Married.” “Besides, he was a changed man: sober, working, studying for his GED, leading AA meetings, completing a drug court program, newly married. Still, he pleaded guilty, unwilling to risk a trial that could end in an even longer prison term.” (Jon Schuppe, “As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,” NBC News, 5/2/16)

“Guthmiller Didn’t Dispute The Couple’s Accusation. But He Bristled At The Government’s Portrayal Of Him As A Scheming Operative,” Which Carried A Ten Year Minimum Penalty As A Co-Conspirator. “Guthmiller didn’t dispute the couple’s accusation. But he bristled at the government’s portrayal of him as a scheming operative… Still, he pleaded guilty, unwilling to risk a trial that could end in an even longer prison term.” (Jon Schuppe, “As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,” NBC News, 5/2/16)   

District Judge Says Guthmiller’s Story Is “Exhibit A” Why The Sentencing Reform And Corrections Act Must Pass Congress 

At Guthmiller’s Sentencing, U.S. District Court Judge John Gerrard “Praised Guthmiller’s Turnaround, But Said Federal Drug Statutes Gave Him No Choice.” “At his sentencing in mid-February, U.S. District Court Judge John Gerrard agreed. He praised Guthmiller’s turnaround, but said federal drug statutes gave him no choice.” (Jon Schuppe, “As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,” NBC News, 5/2/16)   

Judge Gerrard Said Guthmiller Was “‘Exhibit A’ Why Congress Needed To Pass The Sentencing Reform And Corrections Act, Which Would Give Judges More Flexibility.” “At his sentencing in mid-February, U.S. District Court Judge John Gerrard agreed. He praised Guthmiller’s turnaround, but said federal drug statutes gave him no choice. He called the case “Exhibit A” on why Congress needed to pass The Sentencing Reform and Corrections Act, which would give judges more flexibility.” (Jon Schuppe, “As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,” NBC News, 5/2/16)   

Judge Gerrard: “A 10-Year Mandatory Minimum Sentence In A Case Like This Is Absolutely Ridiculous…And The Only Reason I Am Imposing The Sentence That I Am Imposing Today Is Because I Have To.” “‘A 10-year mandatory minimum sentence in a case like this is absolutely ridiculous,’ Gerrard said from the bench. ‘And the only reason I am imposing the sentence that I am imposing today is because I have to.’ In a show of confidence, Gerrard gave Guthmiller 11 weeks to close out his new life before heading to prison.” (Jon Schuppe, “As Drug Sentencing Debate Rages, ‘Ridiculous’ Sentences Persist,” NBC News, 5/2/16)

Conservatives From Across The Country Are Uniting To Help Pass Much Needed Reform

“Conservatives Are Getting Behind Criminal Justice Reform Across The Country And One Of The Chief Reasons Is The Huge Savings That Are Possible For Taxpayers, Grover Norquist, President Of Americans For Tax Reform, Tells Newsmax TV.”(Bill Hoffman, “Grover Norquist: Conservatives Are Backing Criminal Justice Reform,” Newsmax, 4/29/16) 

Grover Norquist, President Of Americans For Tax Reform: “We Need To Double Check That We’re Not Keeping Someone In Prison For A Decade Longer Than They Need To. That’s $300,000 Of Taxpayer Money That Could Be Back With The Taxpayers If Somebody Is Ready To Rejoin Society.” “‘I’m all in favor of executing murderers and there’s some people who should never be allowed out of prison at all,’ Norquist said Friday to J.D. Hayworth on ‘Newsmax Prime.’ ‘But we need to double check that we’re not keeping someone in prison for a decade longer than they need to. That’s $300,000 of taxpayer money that could be back with the taxpayers if somebody is ready to rejoin society.’” (Bill Hoffman, “Grover Norquist: Conservatives Are Backing Criminal Justice Reform,” Newsmax, 4/29/16)

Republican States Are Leading The Way For Federal Reform

ICYMI: Freedom Works, Faith And Freedom Coalition, Right On Crime And Americans For Tax Reform Published An Op-ed In National Review, Noting That Congress Should Take The Lead From Conservatives States On Criminal Justice Reform. “Interestingly, it wasn’t until multiple Republican-controlled states moved on the issue that traditionally blue states felt that they could: They all waited for red states to move first. Hawaii, Oregon, and Rhode Island, three of the most progressive states in the country, followed the lead of conservative states. Since then, even more red states — including Alabama, Oklahoma, and Utah — have passed justice reform. Red states, and Texas in particular, provided a blueprint for other states to follow while Barack Obama was still the junior senator from Illinois. In fact, today, a Republican governor of Illinois, Bruce Rauner, is spearheading long overdue justice reform in the Land of Lincoln.” (Adam Brandon, Timothy Head, Marc Levin, and Grover Norquist, “Congress Should Follow the Red States’ Lead on Criminal-Justice Reform,” National Review, 5/2/16)

After Texas Passed Common Sense Criminal Justice Reforms, The State’s Prison Population Declined By 14% And Crime Rates Dropped 29%. “Madden, a Republican, got to work and, along with his colleagues from both sides of the aisle, devised a plan to tackle the state’s growing prison population. With an investment of $241 million, lawmakers created drug courts to divert low-level, nonviolent offenders into treatment programs as an alternative to incarceration and funded rehabilitation programs to reduce prisoners’ risk of recidivism when they reentered society. The results of the Texas model are difficult to ignore: The state’s prison population declined by 14 percent and, even more importantly, crime rates dropped by 29 percent.” (Adam Brandon, Timothy Head, Marc Levin, and Grover Norquist, “Congress Should Follow the Red States’ Lead on Criminal-Justice Reform,” National Review, 5/2/16)

“Now Is The Time To Bring These Conservative Reforms To The Federal Level”

The Federal Prison Population Has Grown By 800% Between 1980 And 2013, And “The Bureau Of Prisons’ Budget Increased By Almost 600 Percent, From $970 Million To $6.7 Billion.” “Now is the time to bring these conservative reforms to the federal level. The federal prison population grew by nearly 800 percent between 1980 and 2013, and the Bureau of Prisons’ budget increased by almost 600 percent, from $970 million to $6.7 billion.” (Adam Brandon, Timothy Head, Marc Levin, and Grover Norquist, “Congress Should Follow the Red States’ Lead on Criminal-Justice Reform,” National Review, 5/2/16) 

“It’s Time For Congressional Conservatives To Reclaim The Narrative That’s Rightfully Theirs…Justice Reform Is Our Issue. They Would Never Admit It, But Democrats Are Following Conservatives’ Lead.” “It’s time for congressional conservatives to reclaim the narrative that’s rightfully theirs. Justice reform is our issue. They would never admit it, but Democrats are following conservatives’ lead. The House Judiciary Committee has already approved the Sentencing Reform Act and the Recidivism Risk Reduction Act, bills backed by Chairman Bob Goodlatte (R., Va.) and Representative Raul Labrador (R., Idaho). The Senate Judiciary Committee has moved the Sentencing Reform and Corrections Act, introduced by Chairman Chuck Grassley (R., Iowa) and Senators John Cornyn (R., Texas) and Mike Lee (R., Utah). Conservatives should support these measures that would further the efforts of red states and bring justice reform to the federal level.” (Adam Brandon, Timothy Head, Marc Levin, and Grover Norquist, “Congress Should Follow the Red States’ Lead on Criminal-Justice Reform,” National Review, 5/2/16)