before the president of the united states of america … · jasso that would greatly improve his...
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BEFORE THE PRESIDENT OF THE UNITED STATES OF AMERICA
ON BEHALF OF JOSE JASSO, JR.
REQUEST FOR CLEMENCY
THROUGH CLEMENCY PROJECT 2014
Submitted by: Michael J. Teter, Associate Professor of Law Alex Stoedter, Law Student S.J. Quinney College of Law University of Utah 383 S. University Street Salt Lake City, UT 84112 Telephone: (801) 585-1863 Facsimile: (801) 585-0077 [email protected] May 12, 2016
TABLE OF CONTENTS Executive Summary ……………………………………………………………………….1 OPA Petition Form ………………………………………………………………………..8 PSR …………………………………………………………………………………….....16
Executive Summary
Jose Jasso, Register Number 72987-079
Introduction. Sixty-four year old Jose Jasso has been in prison since 1997 for his minor role in a local drug
selling operation. While a part of this operation, the investigating FBI agent noted that Mr. Jasso
played a minor role compared to the other defendants. Mr. Jasso has exhibited good behavior in
prison, he has never been convicted of a violent crime, and is now seeking clemency after serving
nearly twenty years in federal prison.
Mr. Jasso was arrested after a sting operation involving an undercover police officer
(“UCO”). On October 25, 1996, a confidential informant working for the Federal Bureau of
Investigation made contact with the someone in the organization that consisted of five people, some
of whom were related to Mr. Jasso. A meeting was arranged by the confidential informant so that
the UCO would arrange a drug buy. After meeting at a house, seeing the cocaine, and deciding on a
price of $15,500 per kilogram of cocaine, the UCO called the police and 24.7 kilograms of cocaine
were seized. Mr. Jasso was arrested without incident. According to Agent Petrowski, the cocaine did
not belong to Mr. Jasso, Mr. Jasso did not act as a broker, and he did not bring the parties together.
Agent Petrwoski noted that unlike the other defendants, Mr. Jasso was less culpable and that he
played a lesser role in the organization. Despite this, Mr. Jasso was sentence to 360 months in prison
because he had two prior convictions involving marijuana where he was sentenced to one and two
years in prison, respectively. Before his sentence, however, the longest time Mr. Jasso had spent in
prison was seven months.
If Mr. Jasso is granted an early release from prison, he would like to spend the rest of his life
with his family in peace. Mr. Jasso has stated that he would seek Social Security benefits, and that he
would like to work, contribute to society in a lawful manner, and take care of his health. Mr. Jasso is
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desperately seeking relief from five years worth of pain because of a hernia injury. The prison is
unable to provide Mr. Jasso with the needed hernia surgery. Mr. Jasso also suffers from Hepatitis C.
While he has received some treatment in prison, more proper treatment would be available to Mr.
Jasso that would greatly improve his quality of life.
Mr. Jasso has been a model prisoner. Mr. Jasso is currently designated an “Out Custody”
inmate, the second lowest custody level because of his low risk to other inmates and prison staff.
Mr. Jasso has served as the law librarian at a prison library. Mr. Jasso completed his GED, and he
has also taken twenty education classes, including Stress Management.
Re-Entry Information.
Should Mr. Jasso be granted clemency, he will reside with his sister, Maria Horta, at 2301
West Dallas Drive, Weslaco, Texas 78596.
Factor 1. Currently serving a sentence that would likely be substantial lower today. On May 30, 1997, Judge Harmon sentenced Mr. Jasso to 360 months in prison. Mr. Jasso’s
sentencing guideline range when he was sentenced was 360 months to life. If Mr. Jasso were
sentenced today, he would likely receive a a substantially lower sentence since the sentencing
guidelines are now advisory after Booker. Based on the 1995 U.S.S.G. Mr. Jasso had an offense level
of 37 and a criminal history category of VI. Since Mr. Jasso was classified as a career offender and
the crime he was convicted of carried a maximum statutory sentence of 360 months to life. At the
time, Mr. Jasso’s ordinary guideline range would have been 168 to 210 months, based on an offense
level of 32 and criminal history category IV. Under the ordinary guidelines today, Mr. Jasso would
be in a criminal history category III because the two additional recency points assessed in ¶ 40,
under former 4A1.1(e) are no longer applicable. At a current level of 30, his range would be a mere
121 to 151 months, a sentence that is much lower than the time Mr. Jasso has already served.
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However, today, under Booker, the sentencing guidelines would only be advisory. Although
Mr. Jasso would still be a career offender, the judge would likely sentence him to a lower sentence
because, according to the U.S. Sentencing Commission, the risk of recidivism for repeat drug
offenders is not as high as the career offender guideline assumes and incapacitating low-level
offenders, like Mr. Jasso does not serve the goal of general deterrence. Mr. Jasso’s prior convictions
were minor and were not the type of prior convictions that Congress had in mind when it set the
career offender guidelines, like a repeat violent offender or a large scale trafficker. By being classified
as a career offender Mr. Jasso, despite his minor role in a small scale drug selling operation and his
minor prior convictions, was sentenced as a high level drug trafficker or a repeat violent offender.
Today, under Kimbrough v. United States, 552 U.S. 85 (2007), a judge would exercise their discretion to
avoid treating a minor offender like Mr. Jasso as if he were a drug kingpin. Mr. Jasso’s sentence is
out of proportion when you consider his criminal history and the fact that the longest time he spent
in prison before his 360 month sentence was only seven months. The judge would have likely found
Mr. Jasso’s sentencing guideline range was more severe than was necessary. In 2014, the average
departure for career offenders was 34.9%.See U.S. Sent’g Comm’n, Quick Facts – Career Offender
(2014). Applying that reduction to Mr. Jasso’s sentence, he would have been sentenced to 234
months.
Calculation of How the Imposed Sentence Would Change if Inmate Were Sentenced Today
Components Current Sentence Likely Sentence Today
Statutory Range 120 months - Life 120 months - Life
Career Offender Guideline Range
360 months - Life 360 months - Life
Ordinary Guideline Range
360 months - Life 121 - 151 months
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Calculation of How the Imposed Sentence Would Change if Inmate Were Sentenced Today
With Booker Variance N/A Estimated 234 month sentence
Sentence Imposed/Likely Would be Imposed
360 months 234 months
Factor 2. Non-violent offender.
Mr. Jasso was convicted of Conspiracy with Intent to Distribute Cocaine, in violation of 21
U.S.C. 841(a)(q), 841(b)(1)(A)(ii) and 846. No aspect of his offense was violent, and Mr. Jasso was
not carrying a weapon when he was arrested.
Factor 3. Low-level offender.
According to the PSR, Mr. Jasso played a lesser role than the four other co-defendants. The
lead agent of the investigation expressly noted, in the PSR, that Mr. Jasso played a lesser role than
the other defendants. Mr. Jasso did not own the cocaine, he was not the leader of the group, and he
was not responsible for bringing the arrested parties together. Mr. Jasso was found guilty of one
count, while all of the other co-defendants were found guilty of two counts.
Factor 4. Without significant ties to large-scale criminal organizations, gangs, or cartels. Mr. Jasso has never had any ties to gangs or large-scale criminal organizations. Additionally,
the group Mr. Jasso was involved with was a relatively small, local group of five people that
consisted of some family members. Mr. Jasso was not a part of a large-scale criminal organization.
Factor 5. Length of sentence served. Mr. Jasso has been incarcerated since his arrest on October 28, 1996. As of January 2017,
Mr. Jasso will have served over twenty-one years. Mr. Jasso has currently served 232 months and has
accrued 31 months for good time, for an equivalent sentence of 263 months already served.
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Factor 6. Does not have significant criminal history. Mr. Jasso in now in criminal history category III. None of his prior convictions were
violent offenses. Mr. Jasso’s prior convictions are all relatively minor drug and alcohol related
offenses. Mr. Jasso has never been charged with possessing a weapon or with violence of any kind.
The longest amount of time Mr. Jasso spent in jail was around seven months. Before Mr. Jasso was
sentenced to his 30 year prison term, he had never spent more than seven months in jail.
Mr. Jasso has eight prior convictions: (1) Resulting from an arrest on 03/27/1972, Mr. Jasso
was sentenced to one year of probation for DWI when he was twenty years old. (2) Resulting from
an arrest on 03/20/1980, Mr. Jasso was charged with Possession of Marijuana (over 20 grams) and
petty theft. Mr. Jasso plead no contest and adjudication was withheld. Probation was terminated by
Judge Cohen on 04/21/1981. (3) Resulting from an arrest on 07/30/1983, Mr. Jasso was sentenced
to three months probation for Disorderly Conduct and DUI. (4) Resulting from an arrest on
12/21/1983, Mr. Jasso was charge with Possession of Marijuana (Felony) and was ordered to pay a
fine and court costs. (5) Resulting from an arrest on 11/3/1989, Mr. Jasso was charged with Driving
while License Suspended/Canceled/Revoked. Mr. Jasso plead guilty and was sentenced to 15 days in
jail. (6) Resulting from an arrest on 08/17/1990, Mr. Jasso was sentenced to 30 days in jail and a
$350 fine for DWI. (7) Resulting from an arrest on 03/24/1993, Mr. Jasso was sentenced to two
years in jail and forfeiture of a 1984 Chevrolet Suburban. Mr. Jasso was charged with Possession
with Intent to Distribute Marijuana, Manufacture of Marijuana, and Maintaining a Vehicle for
Drugs. Mr. Jasso received 104 days credit for time served and was granted an unconditional release
on 08/10/1993. (8) Resulting rom an arrest on 08/12/1995, Mr. Jasso was sentenced to one year in
jail and a $2,000 fine for Possession of a Controlled Substance with Intent to
Manufacture/Deliver/Sell. Mr. Jasso was released on 12/01/1995 on a suspended sentence that
placed him on probation until 07/07/1996.
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Factor 7. Has demonstrated good conduct in prison. Mr. Jasso has an impressive record of good conduct while in prison. Mr. Jasso is housed in a
federal camp that has minimal security. Mr. Jasso’s housing unit does not have a perimeter fence or
confining cells. Mr. Jasso is designated an “Out Custody” inmate, the second lowest custody level.
The lowest level is for inmates who are in a half-way house. Having the “Out Custody” designation
shows that Mr. Jasso is not considered a danger to the public, prison staff, or other inmates. Mr.
Jasso has served as the law librarian at a prison library. Mr. Jasso completed his GED. Mr. Jasso has
taken twenty education classes, including Stress Management. While serving as an inmate for over
twenty-one years, Mr. Jasso has never been involved in violence. Mr. Jasso has consistently complied
with the monthly fine payments associated with his sentence. Mr. Jasso did indicate in the online
Clemency Project survey that he did have a prison infraction, but provided no details. We have
requested follow up information on this.
Factor 8. Has no history of violence prior to or during current term of imprisonment. Mr. Jasso has never been charged or convicted of a violent crime. Mr. Jasso has also never
been charged with carrying a weapon. While Mr. Jasso has been incarcerated, he has never been
involved in any violent altercations.
Mr. Jasso did suffer a gunshot wound in 1970. The gunshot wound came after a family
dispute. According to Mr. Jasso, a young man, who was dating his sister at the time, had told Mr.
Jasso and his family that he was going to elope with Mr. Jasso’s sister and that they had no choice to
accept it. This led to an altercation between Mr. Jasso and the young man. Afterwards, the young
man’s father came looking for Mr. Jasso and the father retaliated by shooting Mr. Jasso. Regarding
the incident, Mr. Jasso stated that, growing up without a father figure in his life, he felt the burden of
being the proverbial “man of the house.” Mr. Jasso stated that in his culture it was important, as the
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man of the house, to protect the family honor. Since the incident in 1970, Mr. Jasso has not been
involved in any violent altercations.
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