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Luke Scarmazzo was 26 years previous when he was sentenced in 2008 to 21 years and 10 months in federal jail for his position in working a California medical hashish collective.
In an order Thursday granting his movement for a sentence discount, U.S. District Choose Dale A. Drozd wrote that “modifications within the authorized panorama” relating to marijuana and the gulf between Scarmazzo’s served time and that of his co-defendant, amongst different elements, supported a lowered sentence.
“The courtroom is persuaded that the granting of the requested aid is suitable at this level and is supported by each extraordinary and compelling circumstances and consideration of the sentencing elements set forth,” Choose Drozd wrote.
Drozd famous that within the years since Scarmazzo’s trial and sentencing, federal marijuana offenders obtain far shorter jail phrases, federal prosecutors have taken a largely hands-off strategy to state-regulated hashish actions and federal prosecutions of marijuana crimes has gone down.
Scarmazzo’s arrest, conviction and sentencing occurred inside a 13-year window after California had legalized medical marijuana however earlier than the U.S. Department of Justice amended its coverage to deprioritize prosecution of state-legal hashish actions.
In response to courtroom paperwork, Scarmazzo’s quite a few appeals have been unsuccessful, and his request for clemency was not granted by President Barack Obama, regardless that Obama commuted the 20-year sentence of Scarmazzo’s affiliate Ricardo Montes, who was tried and convicted on the similar time.
In November 2019, Scarmazzo filed his movement for discount in sentence, arguing that the jail time period he was given in 2008 was unusually lengthy and noting that his co-defendant had obtained a commutation.
He additionally famous that the federal authorities now not prosecutes people concerned in medical marijuana actions which can be authorized on the state degree, and actually has been barred from doing so by congressional spending payments since 2014.
As not too long ago as final week, federal prosecutors requested the courtroom to disclaim Scarmazzo’s movement for a lowered sentence, writing in a Jan. 27 submitting, “The federal government’s view is {that a} change in legislation or coverage will not be permissible grounds, standing alone, for a sentence discount.”
Kerrie Dent, counsel at King & Spalding and an legal professional for Scarmazzo in his movement, informed Law360 on Friday, “Luke spent virtually 15 years in federal jail for a non-violent, victimless marijuana offense due to a compulsory minimal sentence.”
“We’re thrilled that Choose Drozd wrote a considerate, well-reasoned opinion and reached the best outcome, granting Luke’s request for compassionate launch primarily based on a ‘distinctive confluence of circumstances,'” Dent wrote in an e-mail.
Scarmazzo had been scheduled to be launched from FCI-Yazoo Metropolis, a medium-security federal jail in Mississippi, on March 14, 2027.
In a separate order issued on Friday, Choose Drozd instructed that Scarmazzo be instantly launched to start a five-year time period of supervised launch.
“Luke is now wanting ahead to spending time together with his daughter and different relations when he will get residence to Modesto,” Dent informed Law360.
A spokesperson for the U.S. Attorney’s Office for the Eastern District of California declined to touch upon Friday.
The federal government is represented by Kimberly A. Sanchez of the U.S. Lawyer’s Workplace for the Jap District of California.
Scarmazzo is represented by Kerrie C. Dent and Bailey J. Langner of King & Spalding LLP.
The case is U.S. v. Scarmazzo, case quantity 1:06-cr-00342, within the U.S. District Court for the Eastern District of California.
–Modifying by Peter Rozovsky.
For a reprint of this text, please contact reprints@law360.com.
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