By ONME Newswire
As this is his first use of his clemency power, President Joseph R. Biden, Jr. granted clemency to 78 individuals, consisting of three pardons and 75 commutations - seven Californians were granted clemency.
The president’s clemency power can be exercised through a pardon, commutation of sentence, remission of fine or restitution, or reprieve.
A pardon is “an expression of the president’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence.”
A commutation of sentence, however, “reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction. The president can commute a sentence to time served or reduce a sentence to achieve the petitioner’s release after a specified period of time.
The president’s clemency power extends only to federal criminal offenses; not state criminal offenses.
In the past, Biden supported the death penalty and helped author the 1994 crime law that created dozens of new death-penalty-eligible federal crimes. In 2000, Biden again stated his support for the death penalty in a Senate Judiciary Committee hearing. Biden officially reversed his position during the 2020 presidential campaign, tweeting “Because we can’t ensure that we get these cases right every time, we must eliminate the death penalty.” After winning the presidency, Biden reaffirmed his opposition to the death penalty and vowed to work to end capital punishment.
President Joseph R. Biden, Jr. is pardoning the following three individuals:
Abraham W. Bolden, Sr. – Chicago, Illinois
Abraham Bolden is an African-American 86-year-old former U.S. Secret Service agent and was the first African American to serve on a presidential detail. In 1964, Mr. Bolden was charged with offenses related to attempting to sell a copy of a Secret Service file. His first trial resulted in a hung jury, and following his conviction at a second trial, even though key witnesses against him admitted to lying at the prosecutor’s request, Mr. Bolden was denied a new trial and ultimately served several years in federal custody. He has steadfastly maintained his innocence, arguing that he was targeted for prosecution in retaliation for exposing unprofessional and racist behavior within the U.S. Secret Service. Mr. Bolden has received numerous honors and awards for his ongoing work to speak out against the racism he faced in the Secret Service in the 1960s, and his courage in challenging injustice. Mr. Bolden has also been recognized for his many contributions to his community following his release from prison.
Betty Jo Bogans – Houston, Texas
Betty Jo Bogans is a 51-year-old woman who was convicted in 1998 of possession with intent to distribute crack cocaine in the Southern District of Texas after attempting to transport drugs for her boyfriend and his accomplice, neither of whom were detained or arrested. At the time of her conviction, Ms. Bogans was a single mother with no prior record, who accepted responsibility for her limited role in the offense. Because of the harsh penalties in place at the time she was convicted, Ms. Bogan received a seven-year sentence. In the nearly two decades since her release from custody, Ms. Bogans has held consistent employment, even while undergoing treatment for cancer, and has focused on raising her son.
Dexter Eugene Jackson – Athens, Georgia
Dexter Jackson is an African-American 52-year-old man who was convicted in 2002 for using his business to facilitate the distribution of marijuana in the Northern District of Georgia. Mr. Jackson was not personally involved in trafficking marijuana, but allowed marijuana distributors to use his pool hall to facilitate drug transactions. He accepted full responsibility for his actions at the time he was charged, and pled guilty. Since his release from custody, Mr. Jackson has converted his business into a cell-phone repair service and hired local high school students through a program that seeks to provide young adults with work experience. Mr. Jackson has also worked to build and renovate homes in a community that lacks quality affordable housing.
Maria Isabel Arreola – San Bernardino, California Offense: 1. Conspiracy to possess with intent to distribute cocaine (Eastern District of Texas). 2. Conspiracy to distribute cocaine hydrochloride (Middle District of North Carolina).
Sentence: 1. 121 months of imprisonment, three-year term of supervised release (March 24, 2016). 2. 130 months of imprisonment, three-year term of supervised release (November 17, 2016). Prison sentences and terms of supervised release in each case to run concurrently.
Commutation Grant: Sentences commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year terms of supervised release.
Roberto Barrio – South Gate, California
Offense: Conspiracy to possess with intent to distribute, and to distribute cocaine base and cocaine powder; interstate travel in aid of racketeering enterprise (four counts); use of a telephone to facilitate the distribution of cocaine base and cocaine powder (two counts) (Western District of Oklahoma).
Sentence: Life imprisonment, three-year term of supervised release (October 23, 2000).
Commutation Grant: Sentence commuted to expire on August 24, 2022, leaving intact and in effect the three-year term of supervised release.
Paul Hernandez Contreras – Perris, California
Offense: Conspiracy to distribute and possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and a mixture and substance containing a detectable amount of cocaine (District of Colorado).
Sentence: 108 months of imprisonment, three-year term of supervised release (January 8, 2019).
Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.
Terri Kelly – Rialto, California
Offense: Conspiracy to distribute 500 grams of methamphetamine (Eastern District of Kentucky).
Sentence: 240 months of imprisonment, 10-year term of supervised release (November 30, 2009).
Commutation Grant: Sentence commuted to expire on August 24, 2022, leaving intact and in effect the 10-year term of supervised release.
Angelica Marquez – Apple Valley, California
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine (District of Kansas).
Sentence: 117 months of imprisonment, five-year term of supervised release (April 23, 2018).
Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.
Charles Arnold Thomas – Inglewood, California
Offense: 1. Conspiracy to possess with intent to distribute 100 grams or more of phencyclidine, or one kilogram or more of a mixture containing a detectable amount of phencyclidine (Southern District of Texas). 2. Possession of a prohibited item by a prison inmate (Eastern District of Arkansas).
Sentence: 1. 210 months of imprisonment, five-year term of supervised release (August 4, 2011). 2. Seven months of imprisonment (April 25, 2018). Prison sentences in each case to run consecutively.
Commutation Grant: Sentences commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.
Ruben Lopez Cazares – Chula Vista, California
Offense: Conspiracy to distribute controlled substance (District of Nebraska).
Sentence: 300 months of imprisonment, five-year term of supervised release (June 7, 2007); amended to 262 months of imprisonment, five-year term of supervised release (January 12, 2016).
Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.
Source: https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/26/clemency-recipient-list/
https://www.capitalclemency.org/state-clemency-information/federal-capital-clemency/