As Biden’s Term Comes to a Close, Some Inmates Pin Their Hopes on Clemency – Reuters

By Sarah N. Lynch

WASHINGTON – Michael Montalvo has spent 37 years in U.S. federal prison for leading a criminal organization that trafficked tens of millions of dollars’ worth of cocaine in California. During his incarceration, he obtained a law degree and assisted fellow inmates in seeking release through a program known as compassionate release.

However, a peculiar aspect of the law prevents the 78-year-old Vietnam War veteran from applying for compassionate release himself. His only options for liberation are death or persuading President Joe Biden to grant him clemency.

Montalvo is among over 7,000 federal inmates appealing to Biden for clemency before the conclusion of his term. In his clemency petition, his lawyers emphasized, "Mr. Montalvo poses no danger to society," pointing out that he was never accused of violence. They argue that clemency is the sole remedy available to rectify his sentence.

When convicted of "continuing a criminal enterprise," Montalvo received a life sentence without the possibility of parole. His attorneys assert that a similar conviction today would likely result in a significantly lighter sentence.

Montalvo belongs to a small and often overlooked group of the 158,000 federal inmates—those convicted of crimes committed before November 1987, when the federal parole system was abolished and replaced with new sentencing guidelines.

While the U.S. government does not track the number of inmates serving life sentences without parole, estimates from Berkeley Law professor Charles Weisselberg suggest that between 100 and 400 individuals fall into this category, including Montalvo.

In 2018, Congress modified the law to simplify the compassionate release process for aging or ill federal inmates petitioning federal courts. However, this amendment did not consider those incarcerated under the former system, a point that criminal justice advocates believe was an unintentional oversight.

In 2021, three senators introduced the Safer Detention Act to tackle these issues, but the bill failed to pass.

Weisselberg contends that anyone serving a sentence under the old parole system should be eligible for clemency. "Do we really want to turn the federal prisons into nursing homes for this group of frail senior citizens?" he asked.

Since taking office in 2021, Biden has granted pardons to 25 individuals and commuted sentences for 131 others, according to Justice Department data. However, the White House has not disclosed Biden’s priorities regarding clemency in his remaining months in office.

A White House spokesperson stated that Biden remains committed to reforming the criminal justice system and is thoughtfully assessing clemency requests.

Criminal justice advocates express hope that Biden will approve more clemency applications before his term ends on January 20. "I don’t have the right words to describe just how disappointing it has been," remarked Rachel Barkow, a professor at New York University School of Law.