My name is Kenneth Stiger, On April 6, 2001 a Federal Grand Jury in the Northern District of Oklahoma returned an eleven count second superseding indicgtment where i was charged to distribute 5 kilograms or more of a mixture containing a detectable abount of cocaine, 1000 kilograms of marijuna, and fifty grams of cocaine base. All in violation of 21 U.S.C. && 846, and 841(b)(1)(A)(iii). Count Four, money Laundering in violation of U.S.C. & 1956(H) which gave me an additional 20 years concurrent.
Follwoing a jury trial on February 12, 2003, I was found Guilty of Three count’s of the indictment and under the law then in effect, a first time offender convicted of an offense involving the charged drug quantities faced a minimum sentence of 10 years of imprisoment and maximum of life. If the Offender’s criminal history includes “One Prior Conviction for felony drug offense, ” then the offender was subject to a mandatory minimum sentence of 20 years of imprisonment and a Maxium of Life. However, because i was deemed to be a career offender pursuant to &4b1.1 due to two prior drug convictions. One for posession of a controlled substance &11350 of Cal. Health and Safety Code which didn’t qualify as a second offense in violation of $11352 of Cal. Health and Safety Code. In State Court both Charges ran concurrently and i recieved one year county time and a fine. The Government used those two prior’s and filed an enhancement pursuant to 21 U.S.C. $ 851 and my statutory sentence was life and 20 years for money laundering, upon recieving my conviction I diligently sought relief from the State and Federal court’s to recognize my violation for &11350 possession for contrilled substance was a wobbler and could be considered either a misdemeanor, or felony. Under California Sentencing scheme the prior drug offense carried a maximum sentence of 2 years for a defendant with the worst possible prior record. But with my prior record, the prior offense carried carried a sentence of 6 to 8 months, for my 2 prior’s I recieved 1 year county and probation nevertheless, both priors were used to enhance my federal sentence &841(b)(1) as “offense that is punishable by imprisonment for more than one year “under law. In California, a misdemeanor is not punishable ” by more than a year. So, due to several mitigating factors that currently exist, for proposition 47 which reduced the penalties for certain drug offenses to make them misdemeanors, also on November 8, 2016, California enacted proposition 64 which also authorized state court’s to expunge or reduce mariquna conviction. With the impact of these two decisions I no Longer qualify for a life sentence and should be resentenced to a term of 20 years.
Therefore, a wrongful 851 sentence is a violation of the constitution’s Due Process Clause, increasing the mandatory minimum, or statutory maximum, of a sentence implicateds the “Loss of Liberty” associated with an offense because a defendant’s expected punishment has increased, and a “loss of liberty ” requires a person “be accorded Due Process”. A sentence under section 851 based on a prior that was a misdameanor would be a constitutional violation for 2255 purposes. And at least one court has ruled that wrongful statutory sentence ehancement is a miscarriage of Justice for the Fourth prong under 2255(a) (“otherwise subject to collateral attack”)
On November 4, 2014 California voters enacted Proposition 47, December 10, 2014, I filed an Application for Resentencing (Penal Code Code Sections 1170.18(A) and (F). July 8, 2015 my application was Granted for Resentencin and my prior violation & 11350 was designated a misdemeanor, July 12, 2016, I filed for permission to file a Second or Successive habeas petition under 28 U.S.C. 2255(F)(4) with the United States Court of Appeals for the Tenth Circuit. On July 27, 2016, the court said I didn’t need Authorization as unnecessary, so I filed my motion with anticipation of some relief after 16 years. The government responded in opposition in September 22, 2016, (30) days later November 8, 2016. I responded to Government Opposition and still I await a response in my favor. Until then I feel that I am being held now by the Federal Government with the harshest imaginable punishment permitted by law in America for a misdemeanor. With the delay it makes me wonder about the integrity of the Justice system when the Superior Court of California changed there law and certawin Circuit’s in the Federal Court not honor their decision by not siding with the State Court’s dealing with the overcrowding in the Federal system with Non-Violent Drug Charges and giving people a Life Sentence. ut with creative and compelling stories being told by individuals like myself and the Truth being heard, to open heart’s and minds to wake up the consiousness of this Country and show people who hold the levers of power, that the time is now to believe in humanity and reform instead of a life time in prison for non violent drug crimes and prior misdeanors. It’s Time to make awarness for our Criminal Justice systen that is in dire need of an overhaul.
After a Brief turmoil period I realized I had to come to grips of my extreme situation of being sentence to life. So giving up like so many people I see around here was out of the question, I knkew I had to not only get the library and formulate a strategy and gain knowledge of my case and the 851 enhancement. But to also take advantage of my education. I took my G.E.D. in State prison but they could’n’t verify me recieving it, so I retook the G.E.D program and i Have passed. After I got a job in Education and was a tutor for 3 years helping other’s who felt the need to further their education, I also took the time to see where my problems were coming from, like prior addictions, anger management, committment to change, A.A.. Through these classes I feel it’s made me change into a better person who’s ready to deal with society and be productive.