Circumcision of the Heart Ministry
For we are the circumcision, which worship God in the spirit, nd rejoice in Christ Jesus, and have no confidence in the flesh.
Philippians 3:3
Philippians 3:3
The Hall Brothers
Injustice anywhere is a threat to justice everywhere.
Martin Luther King Jr. (1929 - 1968)
Martin Luther King Jr. (1929 - 1968)
The Hall Brothers' Case Profile
On October 8, 1992, a federal grand jury returned an indictment against the Hall Brothers Joseph, David and Cleophas Hall, alleging:
Count One-that by or about January 1, 1986, up to and including October 8, 1992, in the Middle District of Florida, David Lee Hall, Cleophas James Hall, and Joseph Hall, conspired to possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base, and to possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance, in violation of 21 USC 841(a)(1) and 846.
Count Two-that on or about January 30, 1991, in the Middle of Florida, David Lee Hall and Cleophas James Hall, did knowingly possess with intent to distribute a substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance, in violation of 21 USC 841(a)(1) and 18 USC 2.
Count Four-that on about July 9, 1992, in Lee County, in the Middle District of Florida, David Lee Hall, Cleophas James Hall and Joseph Hall, did possess with intent to distribute 50 grams or more of a mixture containing a detectable amount of cocaine base, in violation of 21 USC 841(a)(1) and 18 USC 2 and forfeiture.
The Hall Brothers proceeded to five days of trial, on February 5, 1993, the jury found them guilty of Counts One and Four. On April 28, 1993, the Hall Brothers were sentenced. Count Two was dismissed against David and Cleophas Hall. David and Cleophas were later sentenced to life imprisonment on Count One and Four, to run concurrently, followed by five years of supervised release. Joseph Hall was sentenced to 360 months (30 years) imprisonment on Count One and Four to run concurrently, followed by five years of supervised release. The Hall Brothers are currently incarcerated, and they have been for approximately 19 years.
David Hall Presentence Report reported his offense level was 42, based on him being accountable for over 15 kilograms of cocaine base. At the sentencing hearing, the district court referenced several witnesses' testimony at trial, to hold David hall responsible for in excess of 50 kilograms of crack cocaine. David objected to this amount, arguing that he was only responsible for the amount of cocaine he specifically agreed to distribute and for distributions that were reasonably foreseeable to him, which was not 50 kilograms. David also objected to a four-level role enhancement assigned to him. The court overruled David's objections and sentenced him at level 43, the highest offense level in the 1992 Guidelines. Level 43, combined with criminal history category I, resulted in a guideline range of life imprisonment. The court sentenced David Hall to life imprisonment.
However, in 1996, Amendment 505 was passed and David Hall's drug offense level was reduced from 42 to 38, and his sentence was reduced to 360 months (30 years) imprisonment, the low end of the revised guideline range.
Cleophas Hall’s Presentence Report reported that he was responsible for more than 15 kilograms of crack cocaine, a finding to which Cleophas did not object. The court assigned Cleophas Hall a base offense level of 42; and imposed a three level role enhancement over Cleophas' objection. The adjusted offense level came to 45. According the USSG 5A1.1 comment (n.2), an offense level of more than 43 is to be treated as an offense level of 43. Level 43 combined with criminal history I, resulted in a guideline range of life imprisonment. Cleophas was sentenced to life imprisonment.
Cleophas also moved for a reduction under Amendment 505 in 1996, and his motion was granted. Cleophas guideline range was reduced to 324-405 months, and his sentence was reduced to 324 months.
Joseph Hall was found to be responsible for over 50 kilograms of crack cocaine during the course of the conspiracy. Joseph objected, but the government agreed with the finding, and the curt agreed with the government. The government argued that Joseph Hall was an active participant throughout the conspiracy, up to the date of his arrest, and thus, he should be held responsible for all the cocaine involved in the conspiracy. The court overruled Joseph' objection. The court adopted the PSR, and assigned Joseph Hall an offense level of 42; a criminal history category IV; which resulted in a guideline range of 360-life imprisonment.
The court sentenced Joseph to 360 months' imprisonment. In 1996, Joseph also applied for a sentence reduction under Amendment 505, but the court denied his motion without providing any reason.
On December 11, 2007, The United States Sentencing Commission unanimously voted today to give retroactive effect to a recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment became effective on March 3, 2008.
On March 6, 2008, the Hall Brothers filed a consolidated motion for sentence reduction under Amendment 706, pursuant 18 USC 3582(c) (2). Upon receiving the Brothers' motion, the district court appointed the Federal Public Defender to represent them, and ordered the United States Probation Office to prepare Supplemental Pre-Sentence Reports (PSR) regarding their individual eligibility under Amendment 706.
The Probation Office, which does the PSR and recommends if someone is eligible for release under the new changes in crack cocaine sentencing law, said that the Hall Brothers were the perfect candidates to be release. He went on to state how impressed he was with the changes in their lives and the changes that they have caused not only in other inmates lives but, staff as well. The reports that he had received from the staff at Coleman Medium prison, highly recommended these brothers for release. The Hall Brothers have not only rehabilitated themselves but have helped rehabilitate many others.
Why are they still in prison, why have they not been set free? I asked him, he said it hurt him deeply to have to deny their release, but it is the “law”. The Hall brothers were sentenced to more crack cocaine than the new law allowed for their release. Regretfully, the probation officer reported that neither Joseph Hall, David Hall or Cleophas Hall were eligible for a reduction under Amendment 706 due to the amount of drugs involved in the instant offense, namely more than 15 kilograms of cocaine base.
The 30-Year and 27-Year sentences imposed in this case are far greater than necessary to achieve the purposes of sentencing under 18 USC 3553(a).
On June 30, 2011, the United States Sentencing Commission voted unanimously to give retroactive effect to its proposed permanent amendment to the federal sentencing guidelines that implements the Fair Sentencing Act of 2010. Retroactivity of the amendment will become effective on November 1, 2011― the same day that the proposed permanent amendment would take effect― unless Congress acts to disapprove the amendment.
However, because the federal court system has relies on testimonies of others who are facing criminal charges, others, that would do and say anything to get their charges reduced or dropped, the sentences and the punishment for more than 15 kilos of cocaine; the new law may not reduce the sentence for those having been sentenced for more than 2.8 kilos of crack cocaine.
The Hall Brothers, David Hall was 28 years old when he was sentenced. He is now 47 years old, and will be in his fifties when he is released from imprisonment. Cleophas Hall was 24 years old when he was sentenced; he is now 43 years old, and will be in his fifties when he is released from imprisonment Joseph Hall was 36 years old when he was sentenced. He will be in his sixties when he is released from prison. Compare United States v. Thomas, 360 F.Supp. 2d 238, 243 (D.Mass 2005) (“Defendant, at the time of his release in his late fifties, or early sixties, will offer no danger to the community....”).
In the same vein, Cleophas Hall and David Hall had no criminal history prior to the 1993 conspiracy offense. While Joseph Hall's criminal history was category IV, he had never been incarcerated more than six months on any of his prior offenses.
The Hall Brothers' mother died in 1992 from cirrhosis of the liver, shortly before the Hall Brothers were arrested; the Hall Brothers have now served approximately nineteen (19) years in federal prison and believe enough is enough. While incarcerated, they have completed numerous educational courses while in custody. These include, but not limited to, advanced mathematics, advanced English, accounting, finance, psychology, music and business management to name a few. They have helped change the lives of the inmates they have come in contact with, for the better.
But, the government doesn't always consider this, as Attorney General Holder stated, to Kara Gotsch, director of advocacy for the Sentencing Project, "That's because the problem with the crack law historically is this presumption that defendants who operate in crack are violent, or more violent than someone who operates in(powder) cocaine. This belief is why, to this day, we continue to have an 18-to-1 sentencing disparity. That is fundamentally unfair, and I think the commission believes that is fundamentally unfair."
Laura Murphy of the American Civil Liberties Union warned that this didn’t mean all eligible people would be freed. “Not every crack cocaine offender will have his sentence reduced,” she said. But more than 12,000 people, 96 percent of whom are black and Latino are now able to go before a judge to seek a reduction. Laura also stated that the Judges will decide whether to reduce sentences by weighing behavior in prison, the nature of the offense, and whether a weapon was involved.
The Hall brothers will find favor in the judge’s eyes, if they are allowed to go before a judge. I agree in some ways with Murphy, who says, “What we really need is statutory retroactivity,” meaning that Congress has to vote to make the entire Fair Sentencing Act retroactive. However, I feel that they should go above the recommended release based on 2.8 kilos of crack cocaine; and they should change the law to correspond to the amount of crack cocaine, a person is charged and found guilty of and not what rely on what another criminal has said in court. This is not fair and it must be changed. The Sentencing Commission’s vote only applied certain amendments from the act retroactively — leaving things like mandatory minimums in place. “There will be efforts to eliminate the U.S. Sentencing Commission,” she said, which is why having the statute changed by Congress is critical.
Enough is Enough and this is too much, if the Hall Brothers are not to be released from prison, they would like to at the least be moved to a lower custody level in prison, as mentioned above they have a very good record. Notwithstanding, all that they are doing to help others, they are unable to help themselves. Because of incident reports they received for supposedly participating in a riot that took place October 25, 1995, over fifteen (15) years ago at FCI Mariana in Mariana Florida, the Federal Bureau of Prisons (BOP) insist on keeping a Public Safety Factor; in their records that is preventing the Hall Brothers from being able to take advantage of a lower custody level, such as low facility and Camp.
The Hall Brothers have points low enough to go to a low or camp but can't because of the Public Safety Factor being large against them. Please we need your support by signing this petition and contacting the Region--Bureau of Prisons and asking them to please remove the Public Safety Factor and allow the Hall Brothers the opportunity move on to a lower custody level.
We will be keeping a close watch on these issues and will notify you of any changes. We thank you for your help in getting these laws changed.
To read more about this, go to: http://www.gopetition.com/petitions/help-the-hall-brothers-move-to-a-lower-custody-level.html and please sign the petition, if these brothers cannot be set free at least, they deserve to be in a lower custody level.
Thanks for taking time to read this article and we pray that you will help us help the Hall Brothers who have given so much of themselves to help others.
Notes:
Help the Hall Brothers Move to a Lower Custody Level
http://www.gopetition.com/petitions/help-the-hall-brothers-move-to-a-lower-custody-level/sign.html
U.S. sentencing commission votes unanimously to apply fair sentencing act of 2010 amendment to the federal sentencing guidelines retroactively
http://colorlines.com/archives/2011/07/though_thousands_are_eligible_for_sentence_reduction_prison_reform_still_needed.html
Views on Crack Sentencing Decision http://www.sentencingproject.org/detail/news.cfm?news_id=1160&id=167
The Next Battle for Crack Cocaine Sentence Reform? Congress http://colorlines.com/archives/2011/07/though_thousands_are_eligible_for_sentence_reduction_prison_reform_still_needed.html
Crack Sentencing Changes Made Retroactive!
http://seedsuppliers.net/uncategorized/crack-sentencing-changes-made-retroactive/
Crack Sentencing Changes Made Retroactive!
http://seedsuppliers.net/uncategorized/crack-sentencing-changes-made-retroactive/
On October 8, 1992, a federal grand jury returned an indictment against the Hall Brothers Joseph, David and Cleophas Hall, alleging:
Count One-that by or about January 1, 1986, up to and including October 8, 1992, in the Middle District of Florida, David Lee Hall, Cleophas James Hall, and Joseph Hall, conspired to possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base, and to possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance, in violation of 21 USC 841(a)(1) and 846.
Count Two-that on or about January 30, 1991, in the Middle of Florida, David Lee Hall and Cleophas James Hall, did knowingly possess with intent to distribute a substance containing a detectable amount of cocaine base, a Schedule II Controlled Substance, in violation of 21 USC 841(a)(1) and 18 USC 2.
Count Four-that on about July 9, 1992, in Lee County, in the Middle District of Florida, David Lee Hall, Cleophas James Hall and Joseph Hall, did possess with intent to distribute 50 grams or more of a mixture containing a detectable amount of cocaine base, in violation of 21 USC 841(a)(1) and 18 USC 2 and forfeiture.
The Hall Brothers proceeded to five days of trial, on February 5, 1993, the jury found them guilty of Counts One and Four. On April 28, 1993, the Hall Brothers were sentenced. Count Two was dismissed against David and Cleophas Hall. David and Cleophas were later sentenced to life imprisonment on Count One and Four, to run concurrently, followed by five years of supervised release. Joseph Hall was sentenced to 360 months (30 years) imprisonment on Count One and Four to run concurrently, followed by five years of supervised release. The Hall Brothers are currently incarcerated, and they have been for approximately 19 years.
David Hall Presentence Report reported his offense level was 42, based on him being accountable for over 15 kilograms of cocaine base. At the sentencing hearing, the district court referenced several witnesses' testimony at trial, to hold David hall responsible for in excess of 50 kilograms of crack cocaine. David objected to this amount, arguing that he was only responsible for the amount of cocaine he specifically agreed to distribute and for distributions that were reasonably foreseeable to him, which was not 50 kilograms. David also objected to a four-level role enhancement assigned to him. The court overruled David's objections and sentenced him at level 43, the highest offense level in the 1992 Guidelines. Level 43, combined with criminal history category I, resulted in a guideline range of life imprisonment. The court sentenced David Hall to life imprisonment.
However, in 1996, Amendment 505 was passed and David Hall's drug offense level was reduced from 42 to 38, and his sentence was reduced to 360 months (30 years) imprisonment, the low end of the revised guideline range.
Cleophas Hall’s Presentence Report reported that he was responsible for more than 15 kilograms of crack cocaine, a finding to which Cleophas did not object. The court assigned Cleophas Hall a base offense level of 42; and imposed a three level role enhancement over Cleophas' objection. The adjusted offense level came to 45. According the USSG 5A1.1 comment (n.2), an offense level of more than 43 is to be treated as an offense level of 43. Level 43 combined with criminal history I, resulted in a guideline range of life imprisonment. Cleophas was sentenced to life imprisonment.
Cleophas also moved for a reduction under Amendment 505 in 1996, and his motion was granted. Cleophas guideline range was reduced to 324-405 months, and his sentence was reduced to 324 months.
Joseph Hall was found to be responsible for over 50 kilograms of crack cocaine during the course of the conspiracy. Joseph objected, but the government agreed with the finding, and the curt agreed with the government. The government argued that Joseph Hall was an active participant throughout the conspiracy, up to the date of his arrest, and thus, he should be held responsible for all the cocaine involved in the conspiracy. The court overruled Joseph' objection. The court adopted the PSR, and assigned Joseph Hall an offense level of 42; a criminal history category IV; which resulted in a guideline range of 360-life imprisonment.
The court sentenced Joseph to 360 months' imprisonment. In 1996, Joseph also applied for a sentence reduction under Amendment 505, but the court denied his motion without providing any reason.
On December 11, 2007, The United States Sentencing Commission unanimously voted today to give retroactive effect to a recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment became effective on March 3, 2008.
On March 6, 2008, the Hall Brothers filed a consolidated motion for sentence reduction under Amendment 706, pursuant 18 USC 3582(c) (2). Upon receiving the Brothers' motion, the district court appointed the Federal Public Defender to represent them, and ordered the United States Probation Office to prepare Supplemental Pre-Sentence Reports (PSR) regarding their individual eligibility under Amendment 706.
The Probation Office, which does the PSR and recommends if someone is eligible for release under the new changes in crack cocaine sentencing law, said that the Hall Brothers were the perfect candidates to be release. He went on to state how impressed he was with the changes in their lives and the changes that they have caused not only in other inmates lives but, staff as well. The reports that he had received from the staff at Coleman Medium prison, highly recommended these brothers for release. The Hall Brothers have not only rehabilitated themselves but have helped rehabilitate many others.
Why are they still in prison, why have they not been set free? I asked him, he said it hurt him deeply to have to deny their release, but it is the “law”. The Hall brothers were sentenced to more crack cocaine than the new law allowed for their release. Regretfully, the probation officer reported that neither Joseph Hall, David Hall or Cleophas Hall were eligible for a reduction under Amendment 706 due to the amount of drugs involved in the instant offense, namely more than 15 kilograms of cocaine base.
The 30-Year and 27-Year sentences imposed in this case are far greater than necessary to achieve the purposes of sentencing under 18 USC 3553(a).
On June 30, 2011, the United States Sentencing Commission voted unanimously to give retroactive effect to its proposed permanent amendment to the federal sentencing guidelines that implements the Fair Sentencing Act of 2010. Retroactivity of the amendment will become effective on November 1, 2011― the same day that the proposed permanent amendment would take effect― unless Congress acts to disapprove the amendment.
However, because the federal court system has relies on testimonies of others who are facing criminal charges, others, that would do and say anything to get their charges reduced or dropped, the sentences and the punishment for more than 15 kilos of cocaine; the new law may not reduce the sentence for those having been sentenced for more than 2.8 kilos of crack cocaine.
The Hall Brothers, David Hall was 28 years old when he was sentenced. He is now 47 years old, and will be in his fifties when he is released from imprisonment. Cleophas Hall was 24 years old when he was sentenced; he is now 43 years old, and will be in his fifties when he is released from imprisonment Joseph Hall was 36 years old when he was sentenced. He will be in his sixties when he is released from prison. Compare United States v. Thomas, 360 F.Supp. 2d 238, 243 (D.Mass 2005) (“Defendant, at the time of his release in his late fifties, or early sixties, will offer no danger to the community....”).
In the same vein, Cleophas Hall and David Hall had no criminal history prior to the 1993 conspiracy offense. While Joseph Hall's criminal history was category IV, he had never been incarcerated more than six months on any of his prior offenses.
The Hall Brothers' mother died in 1992 from cirrhosis of the liver, shortly before the Hall Brothers were arrested; the Hall Brothers have now served approximately nineteen (19) years in federal prison and believe enough is enough. While incarcerated, they have completed numerous educational courses while in custody. These include, but not limited to, advanced mathematics, advanced English, accounting, finance, psychology, music and business management to name a few. They have helped change the lives of the inmates they have come in contact with, for the better.
But, the government doesn't always consider this, as Attorney General Holder stated, to Kara Gotsch, director of advocacy for the Sentencing Project, "That's because the problem with the crack law historically is this presumption that defendants who operate in crack are violent, or more violent than someone who operates in(powder) cocaine. This belief is why, to this day, we continue to have an 18-to-1 sentencing disparity. That is fundamentally unfair, and I think the commission believes that is fundamentally unfair."
Laura Murphy of the American Civil Liberties Union warned that this didn’t mean all eligible people would be freed. “Not every crack cocaine offender will have his sentence reduced,” she said. But more than 12,000 people, 96 percent of whom are black and Latino are now able to go before a judge to seek a reduction. Laura also stated that the Judges will decide whether to reduce sentences by weighing behavior in prison, the nature of the offense, and whether a weapon was involved.
The Hall brothers will find favor in the judge’s eyes, if they are allowed to go before a judge. I agree in some ways with Murphy, who says, “What we really need is statutory retroactivity,” meaning that Congress has to vote to make the entire Fair Sentencing Act retroactive. However, I feel that they should go above the recommended release based on 2.8 kilos of crack cocaine; and they should change the law to correspond to the amount of crack cocaine, a person is charged and found guilty of and not what rely on what another criminal has said in court. This is not fair and it must be changed. The Sentencing Commission’s vote only applied certain amendments from the act retroactively — leaving things like mandatory minimums in place. “There will be efforts to eliminate the U.S. Sentencing Commission,” she said, which is why having the statute changed by Congress is critical.
Enough is Enough and this is too much, if the Hall Brothers are not to be released from prison, they would like to at the least be moved to a lower custody level in prison, as mentioned above they have a very good record. Notwithstanding, all that they are doing to help others, they are unable to help themselves. Because of incident reports they received for supposedly participating in a riot that took place October 25, 1995, over fifteen (15) years ago at FCI Mariana in Mariana Florida, the Federal Bureau of Prisons (BOP) insist on keeping a Public Safety Factor; in their records that is preventing the Hall Brothers from being able to take advantage of a lower custody level, such as low facility and Camp.
The Hall Brothers have points low enough to go to a low or camp but can't because of the Public Safety Factor being large against them. Please we need your support by signing this petition and contacting the Region--Bureau of Prisons and asking them to please remove the Public Safety Factor and allow the Hall Brothers the opportunity move on to a lower custody level.
We will be keeping a close watch on these issues and will notify you of any changes. We thank you for your help in getting these laws changed.
To read more about this, go to: http://www.gopetition.com/petitions/help-the-hall-brothers-move-to-a-lower-custody-level.html and please sign the petition, if these brothers cannot be set free at least, they deserve to be in a lower custody level.
Thanks for taking time to read this article and we pray that you will help us help the Hall Brothers who have given so much of themselves to help others.
Notes:
Help the Hall Brothers Move to a Lower Custody Level
http://www.gopetition.com/petitions/help-the-hall-brothers-move-to-a-lower-custody-level/sign.html
U.S. sentencing commission votes unanimously to apply fair sentencing act of 2010 amendment to the federal sentencing guidelines retroactively
http://colorlines.com/archives/2011/07/though_thousands_are_eligible_for_sentence_reduction_prison_reform_still_needed.html
Views on Crack Sentencing Decision http://www.sentencingproject.org/detail/news.cfm?news_id=1160&id=167
The Next Battle for Crack Cocaine Sentence Reform? Congress http://colorlines.com/archives/2011/07/though_thousands_are_eligible_for_sentence_reduction_prison_reform_still_needed.html
Crack Sentencing Changes Made Retroactive!
http://seedsuppliers.net/uncategorized/crack-sentencing-changes-made-retroactive/
Crack Sentencing Changes Made Retroactive!
http://seedsuppliers.net/uncategorized/crack-sentencing-changes-made-retroactive/
David, Cleophas, Joseph
Cleophas, Joseph, and David
Ms. Ruby Hall
Joseph, Cleophas, and David