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Via NY Transfer News Collective * All the News that Doesn't Fit from Slingshot THE WAR ON DRUGS: LSD SENTENCES SO HARSH THEY'RE CRAZY How come the Federal sentence for possession of $1500 of LSD is 10.1 to 13.9 years while the sentence for rape is only 5.8 to 7.2 years and the sentence for stealing more than $80 million is only 4.2 to 5.2 years? What is going on here? Welcome to the wild world of federal sentencing guidelines and the recent crackdown on LSD and "Deadheads." In 1986 Congress passed a law that imposed "Mandatory Minimum" sentences for federal crimes. The law took away the traditional discretion federal judges had in deciding how to sentence convicted defendants and substituted the "US Sentencing Guidelines Manual." The Manual, the size of a phone book, provides formulas to be used in sentencing. For drug crimes, the formula is based on the weight of the drugs involved. For purposes of "drug weight," the government decided to weigh the "carrier" of LSD (blotter paper, sugar cube, etc.) rather than the active drug itself. Since LSD itself hardly weighs anything, this decision produced absurd results. If a person is charged with possession of 100 hits of pure LSD, the sentence would be 10 months in prison. If the LSD is on blotter paper, the same 100 hits results in 5 years in prison. If, God forbid, the drug is on sugar cubes, the same 100 hits will sentence the offender to 16 years in prison. Since this is a "mandatory" sentence, the judge in the case has no power to rationalize these widely differing sentences. In 1991, the US Supreme Court upheld this irrationality. Currently, unless Congress specifically addresses the problem, it is law. Since then, prosecutors have realized that they could put relatively small time LSD dealers away for the better part of their lives due to this irregularity in the law. In December, USA Today reported that the government has used the law to target LSD in general and "Deadheads" in particular. They write that "1500 to 2000 Deadheads are [now] in prison, up from fewer than 100 four years ago." The DEA has tripled spending, personnel and arrests for LSD since 1990. According to the (so called) Justice Department, a third of those sentenced to prison in 1991 were convicted of drug charges, compared with only 7.5 percent in 1980. The proportion of the total US population in prison has more than doubled during the 80s from 139 per 100,000 in 1980 to 310 per 100,000 in 1991. In 1991, 823,414 people were in state or federal jails in the US, a record number. The United States has a higher proportion of its population in jail than any other country in the world. What can you do? Slingshot has been getting a stream of letters from prisoners serving long LSD sentences urging us to cover this subject. They are trying to organize a political campaign to get the law changed for future people and to try to get their sentences reduced. They suggest that people write to their Senators and Representatives (Name, US Senate, Washington, DC 20510 or Name, House of Reps, Washington, DC 20515) and in particular to Senator Joseph Biden (of the Judiciary committee) and Representative Jack Brooks (House Judiciary Comm). Biden introduced a Bill that would have corrected the LSD weight problem but it was never voted on. Last year, Congressman Don Edwards introduced a bill to abolish Mandatory Minimums which also never made it to a vote. They encourage letters explaining the LSD weight problem, demanding that sentences be based on LSD weight only, and demanding that the law be retroactive (that it reduce the sentences of those already in prison). Another thing you can do is write to the US Sentencing Commission which writes the Sentencing Guidelines Manual. They may be considering changes to the way LSD is treated and letters could have an influence. The address is: US Sentencing Commission, Attn. Public Information, One Columbus Circle, Suite 2500, Washington, DC 20002. For interesting information about this issue, write Families Against Mandatory Minimums, 1001 Pennsylvania Ave. NW, Suite 200 South, Washington, DC 20004. Typical Slingshot Rhetoric section Of course we need to do more than just change the way LSD offenders are sentenced. And more is necessary than writing letters to "elected" officials begging for tinkering with the oppressive system. (We printed the above section at the request of many imprisoned individuals who are suffering here and now and for whom Rhetoric will be inadequate.) Consenting adults should be able to do whatever they want with their bodies. Destroying people's with lives with prison because they happen to select LSD as their drug of choice rather than cigarettes or alcohol is insane. The War on Drugs as to "hippie" drugs has given the government a huge excuse to crack down on people they hated because of their ideas. These "mind expanding" drugs tend to make people question work, authority and the system and therefore are seen as particularly dangerous. As to "powder drugs" the War has given the government an excuse to attack already oppressed communities in a two pronged attack. The government imports heroin and cocaine to destroy minority communities, and then turns around to arrest the low level marketers at the street level. Police pressure causes competition and battles for market share. New "Police powers" are "justified" at every step. What do we need? The police by their very existence need to "create" criminals. We can get rid of crime by getting rid of the police. Organized and free people can protect and take care of each other. How the prescribed prison sentence for a first time offender with $ 1,500 worth of LSD compares with sentences1 for other federal crimes: Crime Minimum Maximum LSD possession 10.1 13.9 Attempted murder with harm 6.5 8.1 Rape 5.8 7.2 Armed robbery 4.7 5.9 Kidnapping 4.2 5.2 Theft of $ 80 million or more 4.2 5.2 1 No parole is available on any sentence. Source: U.S. Sentencing Guidelines Manual; Drug Enforcement Administration -30- Sidebar: "War on Drugs" prisoner list The following is a list of people serving prison terms for drug offenses. Of course there are thousands more. Writing to a prisoner is a very rewarding and educational experience. According to the (so called) Justice Department, a third (33%) of those sentenced to prison in 1991 were convicted of drug charges, compared with only 7.5 percent in 1980. The proportion of the US population in prison has more than doubled during the 80s from 139 per 100,000 in 1980 to 310 per 100,000 in 1991. When you write to one of these people, write their entire name and any number given in the address. Where we have more than one name at a particular prison, we have printed several names but the prison address only once. You must select only one name for each envelop. Note to prisoners: If you want to get on this list in the future, please write us. Robert Kitchin 911 A 3769 BHCF, Cady Rd., Box 20 Malone, NY 12953 Wayne Nelson 90 T 3677 2D PO Box 2500 Marcy, NY 13403 Chas Pugliese 90 T 4409 Collins Correctional Facility Hersmith, NY 14079 0220 Robert Umstead 89 B 2765 CCF Main PO Box 2001 Dannemoro, NY 12929 2001 Leslie Kelly 83760 011 Aaron Lowdon 09540 036 PO Box 905 J unit Genessee Raybrook, NY 12999 0330 Fred McKee 03220 082 Ausable Curtis Elwell 09563 036 MOH PO Box 901 Raybrook, NY 12977 Steve Benkoski 233 243 Bob Branscome 227 812 Michael Logar R151 058 RCI Box 7010 Chillicothie, OH 45601 Tim Clark 247 900 CCI PO Box 5500 Chillicothie, OH 45601 Gordon Selter 231 419 PO Box 740 London, OH 43140 Matt Capelli 249 243 PO Box 69 London, OH 43140 Mike Gough 214 634 Alan Yorko 216942 MCI Box 57 K Block Marion, OH 43302 Mike Hollowman 1942 2500 Westgate Pendleton, OR 97801 Brian Phillippe 13357 075 Unit 5 PO Box 5002 Sheridan, OR 97378 Dominick Serratore 99 Water St. Wilkes Barre, PA 18702 Fred Anderson 02777052 W Prem Atri 02468 089 David Chevvette 24937 198, 3B Robert Lohr 01559087 2 A PO Box 8000 Baradford, PA 16701 Robert Levin 157831 Rte. 1 PO Box 330 Tiptonville, TN 38079 Michael King 229842 ACSU/NSP Box 2300 Newark, NJ 07114 John Davis 11133 050 BMB 771 Box 7000 Texarkana, TX 75501 Brian Dunn Rte. 3 Box 5012 Bennington, VT 05201 Chris Jones 181067 SCC Box 3500 Staunton, VA 24401 Billy Stallings Rte. 2 Box 1090 Ridge, VA 24148 Robert Moody 184849 BCC Rte. 2 Box 143 Bland, VA 24315 Charles Mills 180783 C 2018 A PO Box 488 Burkeville, VA 23922 Joe M. Calafactor J86318 SCU #21 384 Eskimo Hill Rd. Stafford, VA 22554 Jason Reed 182722 C 3 115A Uni C Greensville CC Rte. 1 Box 205 Jarratt, VA 23867 9614 Craig Theriault 178056 6900 Courthouse Rd. Chesterfield, VA 23832 Janet Goodwin 16134 057 Box Z C 2 Alderson, WV 24910 Pat Hamlin 10399 068 Terry McCabe 0946 036 Box 1000 Gerard Unit Morgantown, WV 26507 1000 -30- Slingshot 700 Eshleman Hall Berkeley, CA 94702 + Join Us! Support The NY Transfer News Collective + + We deliver uncensored information to your mailbox! + + Data: 718-448-2358 FAX: 448-3423 e-mail: nyxfer!nyt@speedway.net +