List of people granted executive clemency by Barack Obama

By the end of his second and final term on January 20, 2017, United States President Barack Obama had exercised his constitutional power to grant executive clemency—that is, "pardon, commutation of sentence, remission of fine or restitution, and reprieve"[1]—to 1,927 individuals convicted of federal crimes. Of the acts of clemency, 1,715 were commutations (including 504 life sentences) and 212 were pardons.[2] Most individuals granted executive clemency by Obama had been convicted on drug charges,[3] and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.[4]

Obama holds the record for the largest single-day use of the clemency power, granting 330 commutations on January 19, 2017, his last full day in office.[5][6] He also has issued more commutations than the past thirteen presidents combined.[2][7]

Constitutional provision

The pardon powers of the President are outlined in Article Two of the United States Constitution (Section 2, Clause 1), which provides:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

Definitions

  • A pardon is an executive order granting clemency for a conviction, it may be granted "at any point after the ... commission" of the crime.[8] As per Justice Department regulations, convicted persons may only apply five or more years after their sentence has been completed.[9] However, the President's power to pardon is not restricted by any temporal constraints except that the crime must have been committed. Its practical effect is the restoration of civil rights and statutory disabilities (i.e., firearm rights, occupational licensing) associated with a past criminal conviction.[9] In rarer cases, such as the pardon of Richard Nixon, a pardon can also halt criminal proceedings and prevent an indictment.
  • A commutation is the mitigation of the sentence of someone currently serving a sentence for a crime pursuant to a conviction, without vacating the conviction itself.[9]

Pardons and commutations

This is a partial list of people pardoned or granted clemency by a United States president, ordered by date of pardon or commutation. For an updated list, see U.S. Department of Justice.[10]

Pardons

December 3, 2010

Name Court or Home City Sentencing Date Sentence Offense
James Bernard BanksUnited States District Court for the District of Utah19722 years' probationIllegal possession of government property
Russell James DixonUnited States District Court for the Northern District of Georgia19602 years' probationLiquor law violation
Laurens DorseyUnited States District Court for the District of New Jersey19985 years' probation; $71,000 restitutionConspiracy to defraud by making false statements to the Food and Drug Administration
Ronald Lee FosterUnited States District Court for the Eastern District of North Carolina1963Probation; $20 fineMutilation of coins
Timothy James GallagherUnited States District Court for the District of Arizona19823 years' probationCocaine possession and conspiracy to distribute
Roxane Kay HettingerUnited States District Court for the Northern District of Iowa198630 days in jail; 3 years' probationConspiracy to distribute cocaine
Edgar Leopold Kranz Jr.General court-martial convened at Hickam Air Force Base199424 months' confinement; reduction in payCocaine use, adultery and bouncing checks
Floretta LeavyUnited States District Court for the District of Kansas1984366 days in prison; 3 years' probationDrug offenses
Scoey Lathaniel MorrisUnited States District Court for the Western District of Texas19913 years' probation; $1,200 fineCounterfeiting offense.

May 20, 2011

Name Court or Home City Sentencing Date Sentence Offense
Randy Eugene DyerUnited States District Court for the Western District of Washington19755 years in prisonConspiracy to import marijuana (hashish), conspiracy to remove baggage from the custody and control of the U.S. Customs Service and convey false information concerning an attempt to damage a civil aircraft
Danny Alonzo LevitzUnited States District Court for the Northern District of Indiana19802 years of probation, $400 fineConspiracy
Michael Ray NealUnited States District Court for the Eastern District of Virginia19916 months in prison, 3 years of supervised release conditioned on 6 months of home confinement, $2,500 fineManufacture, assembly, modification and distribution of equipment for unauthorized decryption of satellite cable programming
Edwin Alan NorthUnited States District Court for the Northern District of Indiana19806 months of unsupervised probationTransfer of a firearm without payment of transfer tax
Allen Edward PerattUnited States District Court for the District of South Dakota199030 months in prison, 5 years of supervised releaseConspiracy to distribute methamphetamine
Christine Marie RossiterUnited States District Court for the District of Nebraska19923 years of probation conditioned on performance of 500 hours of community serviceConspiracy to distribute less than 50 kilograms of marijuana
Patricia Ann WeinzatlUnited States District Court for the Western District of Wisconsin20013 years of probation, $5,000 fineStructuring transactions to evade reporting requirements
Bobby Gerald WilsonUnited States District Court for the Southern District of Georgia19853½ months in prison, 5 years of probation conditioned on performance of 300 hours of community service, $400 fineAiding and abetting the possession and sale of illegal American alligator hides (Lacey Act)

November 21, 2011

Name Court or Home City Sentencing Date Sentence Offense
Lesley Claywood Berry Jr.United States District Court for the District of Minnesota19883 years in prisonConspiracy to manufacture, possess with intent to distribute, and distribute marijuana
Bobby JacksonUnited States District Court for the Middle District of Alabama19875 years' probation and $20,000 fineConspiracy to possess with intent to distribute in excess of 1,000 pounds of marijuana
Ricky Dale CollettUnited States District Court for the Eastern District of Kentucky20021 year of probation conditioned on 60 days of home detentionAiding and abetting in the manufacture of 61 marijuana plants
Martin KaprelianUnited States District Court for the Northern District of Illinois19849 years in prison, 5 years of probationConspiracy to transport stolen property in interstate commerce, transporting stolen property, concealing stolen property
Thomas Paul LedfordUnited States District Court for the Eastern District of Tennessee19951 year of probation conditioned on performance of 100 hours of community serviceConducting and directing an illegal gambling business

March 1, 2013

Name Court or Home City Sentencing Date Sentence Offense
Robert Leroy BebeeRockville, Maryland1979Two years' probationMisprision (concealment) of a felony
James Anthony BordinaroGloucester, Massachusetts199112 months' imprisonment, three years' supervised release and a $55,000 fineConspiracy to restrain, suppress, and eliminate competition in violation of the Sherman Act; conspiracy to submit false statements
Kelli Elisabeth CollinsHarrison, Arkansas1994Five years' probationAiding and abetting a wire fraud
Edwin Hardy Futch, Jr.Pembroke, Georgia1976Five years' probation, $2,399.72 restitutionTheft from an interstate shipment
Cindy Marie GriffithMoyock, North Carolina2000Two years' probation with 100 hours of community serviceDistribution of satellite cable television decryption devices
Roy Eugene Grimes, Sr.Athens, Tennessee196118 months' probationFalsely altering a United States postal money order, uttering, and publishing a forged and altered money order with intent to defraud
Jon Christopher KozeliskiDecatur, Illinois1994One year of probation with six months of home confinement, $10,000 fineConspiracy to traffic counterfeit goods
Jimmy Ray MattisonAnderson, South Carolina1969Three years' probationConspiracy to transport and cause the transportation of altered securities in interstate commerce,; transporting and causing the transportation of altered securities in interstate commerce
An Na PengHonolulu, Hawaii1996Two years' probation, $2,000 fineConspiracy to defraud the Immigration and Naturalization Service
Michael John PetriMontrose, South Dakota1989Five years' imprisonment, three years' supervised releaseConspiracy to possess with intent to distribute and distribution of a controlled substance (cocaine)
Karen Alicia RageeDecatur, Illinois1994One year of probation with six months of home confinement, $2,500 fineConspiracy to traffic counterfeit goods
Jamari SallehAlexandria, Virginia1989Four years' probation, $5,000 fine, $5,900 restitutionFalse claims upon and against the United States
Alfor SharkeyOmaha, Nebraska1994Three years' probation with 100 hours of community service, $2,750 restitutionUnauthorized acquisition of food stamps
Donald Barrie Simon, Jr.Chattanooga, Tennessee1982Two years' imprisonment, three years' probationAiding and abetting in the theft of an interstate shipment
Lynn Marie StanekTualatin, Oregon1986Six months in jail, five years' probation conditioned on residence in a community treatment center for a period not to exceed one yearUnlawful use of a communication facility to distribute cocaine
Larry Wayne ThorntonForsyth, Georgia1974Four years' probationPossession of an unregistered firearm; possession of a firearm without a serial number
Donna Kaye WrightFriendship, Tennessee198354 days' imprisonment, three years' probation conditioned on performance of six hours of community service per weekEmbezzlement and misapplication of bank funds

December 19, 2013

Name Court or Home City Sentencing Date Sentence Offense
William Ricardo AlvarezMarietta, Georgia District of Puerto Rico1979Time served after nine months' imprisonment, four years' supervised release (April 30, 1997; amended July 31, 1997)Conspiracy to possess with intent to distribute heroin; conspiracy to import heroin
Charlie Lee Davis, Jr.Wetumpka, Alabama Middle District of Alabama199587 months' imprisonment, five years' supervised release (March 21, 1995)Possession with intent to distribute cocaine base; use of a minor to distribute cocaine base
Ronald Eugene GreenwoodCrane, Missouri District of South Dakota1996Three years' probation, conditioned on six months' home confinement, 100 hours' community service, $5,000 restitution, $1,000 fine (November 18, 1996)Conspiracy to violate the Clean Water Act
Little Joe Hatch, aka Joe Hatch Sr.Lake Placid, Florida Southern District of Florida199060 months' imprisonment, four years' supervised release (May 15, 1990)Possession with intent to distribute marijuana
Martin Alan HatcherFoley, Alabama, Southern District Of Alabama19925 years' probationDistribution and possession with intent to distribute marijuana[11]
Derek James LaliberteDistrict of Maine(October 2, 1992; amended May 21, 1993).18 months' imprisonment, 2 years' supervised releaseMoney laundering[12]
Alfred J. MackDistrict of Columbia Superior Court(April 5, 1982)18 to 54 months' imprisonmentUnlawful distribution of heroin[12]
Robert Andrew SchindlerDistrict of Utah(May 14, 1996).Three years' probation, four months' home confinement, $10,000 restitutionConspiracy to commit wire fraud and mail fraud[12]
Willie Shaw, Jr.District of South Carolina(August 7, 1974)Fifteen years' imprisonmentArmed bank robbery
Kimberly Lynn Stout, formerly known as Kimberly Lynn CooleyWestern District of Virginia(November 9, 1993)One day's imprisonment, three years' supervised release (including five months' home confinement)Bank embezzlement, fraud[12]
Bernard Anthony Sutton, Jr.Eastern District of Virginia(April 4, 1989)Three years' probation, $825 restitution, $500 fineTheft of personal property[12]
Chris Deann SwitzerDistrict of Nebraska(June 25, 1996)Four years' probation, conditioned on six months' home confinement, 200 hours' community serviceConspiracy to violate narcotics laws (methamphetamine)[12]
Miles Thomas WilsonWilliamsburg, Ohio Southern District of Ohio1981Three years' probation (July 15, 1981)Mail fraud

Commutations

November 21, 2011

Name Court Sentenced Sentence Offense Terms of
commutation
Eugenia Marie JenningsUnited States District Court for the Southern District of Illinois2001262 months (21 years, 10 months) in prison, 8 years of supervised release, $1,750 fineDistribution of cocaine baseSentence expired on December 21, 2011, leaving intact and in effect the eight-year term of supervised release with all its conditions and all other components of the sentence.
Mark Anthony Jones United States District Court for the Northern District of Florida 1999 Life imprisonment; 10 years' supervised release Distribution of cocaine base Prison sentence commuted to expire on November 10, 2015, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.
Rory Larry Lee United States District Court for the Middle District of Florida 1990 Life imprisonment; 10 years' supervised release Conspiracy to possess with intent to distribute cocaine base (enhanced penalty), distribution of 50 grams or more of cocaine base (two counts) N/A.

December 19, 2013

Name Court Sentenced Sentence Offense Terms of Commutation
Clarence Aaron United States District Court for the Southern District of Alabama December 10, 1993 Life imprisonment; 5 years' supervised release Conspiracy to possess with intent to distribute cocaine and cocaine base, possession with intent to distribute cocaine, attempt to possess cocaine with intent to distribute (erroneously listed in the judgment as conspiracy to distribute cocaine) Sentence of imprisonment to expire on April 17, 2014, leaving intact and in effect the five-year term of supervised release with all its conditions and all other components of the sentence

On July 13, 2015, Obama announced he would be commuting the sentences of 46 drug offenders.[13]

June 3, 2016

On June 6, 2016, Obama announced he would be commuting the sentences of 42 offenders.[14]

Name Court Sentencing Date Time served Offense Terms of
commutation
Eric E. AlvarezEastern District of North Carolina2000360 months (30 years) in prison, 5 years of supervised releaseDistribution of cocaine and cocaine baseSentence expired on October 1, 2016, leaving intact and in effect the five-year term of supervised release with all its conditions and all other components of the sentence.
Dale Baldwin Middle District of Florida 1995 Life imprisonment; 10 years' supervised release Conspiracy to possess with intent to distribute cocaine base Prison sentence commuted to expire on October 1, 2016, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

December 20, 2016

Obama granted 78 commutations on this day.[3]

January 17, 2017

On January 17, 2017, Obama commuted the sentence of 209 individuals (109 of whom faced life sentences).[2] These included Chelsea Manning and Oscar López Rivera, enabling them to be released from prison on May 17, 2017. Manning's sentence initially ran through the year 2045. Obama also pardoned James Cartwright, who was awaiting sentencing for giving false statements to federal investigators.[15][16]

January 19, 2017

Obama commuted the prison sentences of 330 federal inmates, particularly drug offenders, on Thursday, January 19, 2017, his last full day in office. Obama did so, as one of his final acts in office, in order to reduce what he viewed as overly harsh punishments.[17]

See also

Notes

  1. As he finishes his second year in office, Obama pardons nine people
  2. "President Obama Grants Nine Pardons". whitehouse.gov. December 3, 2010. Retrieved December 5, 2010.

References

  1. "Office of the Pardon Attorney". United States Department of Justice.
  2. 1 2 3 Neil Eggelston, , White House (January 2017).
  3. 1 2 Allie Malloy, , CNN (December 2016).
  4. Matt Apuzzo, After Obama Push for Clemency, Hints of Reversal Likely to Come, New York Times (November 22, 2016).
  5. "Obama grants 330 more commutations, bringing total to a record 1,715". USA TODAY. Retrieved 2017-01-28.
  6. "Obama grants final 330 commutations to nonviolent drug offenders". Washington Post. Retrieved 2017-01-28.
  7. Obama commutes prison sentences for 330 before leaving office
  8. "Ex Parte Garland". LII / Legal Information Institute. Retrieved 2017-02-06. The power thus conferred is unlimited, with the exception stated. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency or after conviction and judgment.
  9. 1 2 3 "USDOJ: Frequently Asked Questions Concerning Executive Clemency". USDOJ.
  10. "Pardons Granted by President Barack Obama (2009-2017) | PARDON | Department of Justice". www.justice.gov. Retrieved 26 January 2017.
  11. "President Obama Grants Pardons and commutations". www.whitehouse.gov.
  12. 1 2 3 4 5 6 "An Obama rarity: 13 pardons". Usatoday.com. December 20, 2013. Retrieved August 1, 2016.
  13. Liptak, Kevin (July 13, 2015). "President Barack Obama commutes sentences of 46 drug offenders". CNN. Retrieved April 3, 2016.
  14. "Utah man whose long drug sentence stirred controversy is released". Washington Post. Retrieved June 6, 2016.
  15. Savage, Charlie (January 17, 2017). "Obama Commutes Bulk of Chelsea Manning's Sentence". The New York Times. Retrieved January 17, 2017.
  16. "Barack Obama conmuta sentencia de Oscar López". El Nuevo Día (in Spanish). Retrieved January 17, 2017.
  17. Obama commutes prison sentences for 330 before leaving office
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