Clarence Robinson earned $1,000 in a drug conspiracy. Never distributed. Sentenced to life without p
At trial, Robinson was found to have personally assisted in converting from powdered cocaine into crack for which he was paid $1,000. There was no evidence that Robinson distributed any drugs.
Three dealers higher up in the conspiracy testified against Robinson and received sentences under 10 years in exchange for their cooperation, although they were charged with the same offenses.
The prosecutor agreed to the sentencing judge’s request for a 27-year sentence if Robinson would drop his right to appeal. But Robinson refused and was sentenced to life-without-parole.
Judge Lyle E. Strom, a District of Nebraska judge and Reagan appointee, required to sentence Robinson to LWOP for conspiracy, said,
“I have before me a 23-year-old man who is facing a mandatory life sentence. And we have people in Nebraska every month being convicted of first-degree murder and second-degree murder whose sentences are going to be substantially less than what I have imposed on this defendant.”
Judge Strom explained that the average time served by defendants convicted of murder in Nebraska is 15 years.
At his sentencing hearing, Robinson said, “I really don’t understand how all this occurred. I’m in jail, and they are giving me more time than the guys who really did all the stuff…I don’t know what to do.”
Strom replied, “I’m disturbed by that. I think it’s wrong, Mr. Robinson.”
On appeal, Circuit Judge Gerald W. Heaney called Robinson’s sentence “unconscionable.” He wrote, At sentencing, the district court’s hands were tied.
Despite the court’s statement that it was “disturbed” about its lack of discretion and that it thought the sentence was unjust, a life sentence without possibility of parole was mandatory for Robinson… Congress has clearly elected to eschew individualized sentencing for repeat drug offenders in favor of a draconian approach that is unmistakably tough on crime…. I fear, however, that fairness is too often sacrificed in the process…. Unfortunately, Congress has taken away the court’s ability to use its informed discretion in these matters, placing any discretion instead in the prosecution.
Robinson recently said that his sentence was his “worst nightmare” and describes prison as “a constant battle to keep morals and principles and spirituality.”
While imprisoned, he has taken college courses, computer training, and Bible study classes. He told the ACLU, “I’ve learned from the mistakes I made, and I believe I can prevent other people from going down the same path."
Read full story at ACLU Special Report. A Living Death: Life Without Parole for Nonviolent Offenses.
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As voters, citizens, taxpayers and bystanders, we as a society have inhumanely punished thousands of nonviolent people. Currently Washington DC and 30 states have compensation statutes for wrongfully convicted inmates. Congress’ recommended amount is $63,000 for each year served. On the other hand, overly sentenced victims who in many cases have suffered equally or worse typically receive $20 and a bus ticket if they are fortunate enough to ever be released.
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