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Carmichael Ellis & Brock Celebrates Victory for Clemency Client Under Biden’s Historic Grant

In the final days of his presidency, Joe Biden granted clemency to 2,490 men and women, setting them on a course to freedom from incarceration.

While most of my federal clients are petitioning for a pardon—an official act of forgiveness—clemency clients are incarcerated and praying for a shortened sentence. My client Darayvon was the poster child for clemency: a nonviolent offender who had already served 12 years of his sentence and still had 8 years to go. He took accountability, enrolled in every educational and workforce training program available, and stayed out of trouble.

Raised by his grandparents in Odessa, Texas, Darayvon was convicted in 2013 of a drug offense in the Western District of Texas. Like many others, he fell victim to harsh federal sentencing laws, including the notorious disparity between crack and powder cocaine sentencing, which disproportionately punished Black Americans. Due to equitable changes in sentencing laws, had Darayvon committed the exact same act today, his sentence would have been significantly shorter.

In the final weeks of the Biden administration, I anxiously awaited news about what actions the President would take. I was elated to learn that Darayvon’s clemency petition was successful. When I spoke with him a few days ago, he was ecstatic. He will soon return home to his grandma, though sadly his grandpa passed away just before Christmas. Darayvon has a job waiting for him and is ready to rebuild his life. The joy in his voice is palpable—it’s as close to a happy ending as a story like this can get.

As a pardon and clemency specialist, I hear the stories of people from all walks of life who carry the heavy weight of their past actions. Their motivations for pursuing post-conviction relief differ, but they all come to me with remorse and a powerful story to share. I hope we’ll see more compassion and mercy guiding the use of pardons and clemency in the years to come.

 


Practice area(s): Criminal Defense

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