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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
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