Case facts
- Debi was sentenced largely on the basis of the self-serving testimony of a government informant who was given probation for her own involvement in the conspiracy.
- Debi had no prior convictions.
- She was sentenced to 19 years in Federal Prison for her minimal involvement
in this drug conspiracy. Debi was sentenced on May 13th, 1994, but has been in
custody since December 6, 1993.
- Her offense was level 38, two points higher than the base level for drug
conspiracy (Note: this is 5 levels higher than the base level for second degree
murder). To counter her informant's perjured testimony, Debi testified on her
own behalf at sentencing. The judge enhanced her two points for obstruction of
justice, which added an additional 47 months to her already draconian sentence.
- No sentencing adjustment was made for acceptance of responsibility, since
Debi professed that her involvement in the conspiracy was much more limited
than the court ultimately concluded, based on the informant's testimony.
- The sentencing Judge in this case was investigated by the 5th U.S. Circuit
Court of Appeals in New Orleans. In September of 1995, they imposed an
unprecedented one-year suspension and a harsh reprimand for "intemperate,
abusive and intimidating" conduct. (Laura Vozzella, Star-Telegram)
- More facts on the sentencing judge & the 5th Circuit Court of Appeals:
- Comments from a Thursday, May 26, 2005, USA Today article Owen to Join Court Tough on Death Penalty
- The Federal Criminal Justice System is in need of repair, and thankfully there is a growing number of concerned citizens across the U.S. that are joining together.
- Change, of course, takes time - but for the many that are also in Debi's shoes, even when change does occur - such as in Supreme Court rulings or new congressional legislation - it rarely, if ever, applies to those who have already languished behind prison walls for decades! It is because of the procedural rules, and bad laws that have created the potential injustice for the many who were sentenced in a manner now deemed unconstitutional, and who may be serving longer sentences than they legally should.
Is 20 years a just sentence?
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