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 Michael.Teter@law.utah.edu 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

001

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.

002

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

003

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.

004

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.

005

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

006

man of the house, to protect the family honor. Since the incident in 1970, Mr. Jasso has not been

involved in any violent altercations.

007

008

009

010

011

012

013

014

015

016

017

018

019

020

021

022

023

024

025

026

027

028

029

030

031