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Saturday, 18 September 2010

Underwood's Challenge, Federal Sentencing Reform

Dear Representative:
"INJUSTICE  is INDIVISIBE. INJUSTICE anywhere, is a threat to justice everywhere."
- Martin Luther King Jr.

In Re: Sixth Amendment Challenge
Dedicated to the resurrection and reaffirmation of the Sixth Amendment in the JURY TRIAL SYSTEM

WHEN does PUNISHMENT become ABUSE, When does ABUSE become REVENGE, When does REVENGE become INHUMANE?

I found my friend lingering in legal limbo from an extreme tilt injustice. Not in a Third World country but right in the United States. The Rockefeller Mandatory Minimum sentencing law has been REPEALED, and now it's time to REPEAL its evil twin, FEDERAL MANDATORY MINIMUM SENTENCING. 

"We the people" as well as our economy can no longer bear the injustice and financial burden that FEDERAL MANDATORY MINIMUM'S , slippery slope sentencing straps onto the backs of U.S. citizens. The tax burden of sentencing enhancement, current sentencing procedures, and weighty extended sentences are NO longer a luxury we as Americans can afford, while private prison profits provide us with NO relief. "The War on Drugs" is over and it's time to end Federal Mandatory Minimums.

New bills for sentencing reform have been introduced in Congress by Rep. Maxine Waters H.R. 1466, Rep. Danny Davis, and Rep. Robert Scott. Kinny Linn of FEDCURE.org also testified before the Sentencing Commission, 3/17/09, and concurs with these concerns and the urgent need for new sentencing reform.

Extraordinary Circumstances
For years prisoners, like William Underwood, have been denied access to the courts after making Sixth Amendment challenges to the application of the Federal Sentencing Guidelines. In Mr. Underwood's case, this occurred over 21 years ago at trial, sentencing and on direct appeal. This appalling injustice has led to the formation of the website, INPRISON.net. It's about time for change!


“Regardless of whether a sentencing error or a conviction error occurred in this case, any prejudice to the defendant will be cured by vacating his sentence and remanding for resentencing pursuant to 21 U.S.C. § 841 (b) (1) (C)."

"It is not the voice of my enemy that I will remember, but the silence of my friends." 
- Martin Luther King Jr.

Please SIGN PETITION and also support new sentencing reform as exemplified by the current bills introduced by Reps. Waters, Davis, and Scott.

Thank you very much for your co-operation.


This is my TRUE LIFE: Miko Underwood
Many of you know me as Miko Underwood, a 33 year old Fashion Designer, Entrepreneur, Single Mom and friend. What most of you don’t know is that for the last 22 years I’ve been living with a parent in prison. Growing up in the system has not been an easy task, but as a child I quickly learned to adjust to the circumstances. In 1987, my father was indicted on federal charges and WRONGLY sentenced in 1988 to Life in prison plus 20 years. When my sister and I learned of what had happened to our dad, we truly didn’t understand the ramifications of his sentence, it seemed absurd; surreal. We soon understood that our lives would forever change upon our first visit.
Let me take you back for a moment, into my childhood experience. My parents were separated before I could understand what that meant, but I never truly felt a lack of because my dad had been such a present force in my life. Our time with him consisted of us playing board games like Monopoly and card games like Gin Rummy, frequenting concerts, movies and spending a lot of time in his office. My Dad was an Entrepreneur and anyone who knows me, knows that I carry that Professional spirit. He introduced us to a world outside of the suburbs we grew up in: exotic foods and exotic places in the city, like Mr. Chows, before it was the popular spot that everyone seems to know today, Birthday Parties at Serendipity, and Popular Roller Skating Rinks. Our clothes were purchased in Europe and we always had jewelry…He treated us like his little princesses. We experienced all New York City extravagance as we grew up in the suburbs of Westchester and Rockland. But all of that is just fluff. The trueness of my Dad, and anyone who knows him is that he is a Genius. A True Renaissance man, a pioneer and innovator. What my dad taught me more than anything is to never give up, stay determined, persistent and focused in mind, body and spirit. Everything you need to make what you want happen in this world is already in you, you have nothing to stop you, just make it happen. My Dad saw who I was before I knew who I was…I remember at a young age, I guess I had to be 8 or 9 years old, he brought me a subscription to WWD, (Women’s Wear Daily) a fashion trade publication. He supported my art ambitions at a young age, although I studied Pre-Med in college with intentions of becoming a doctor, my destiny led me to become a successful designer. My Dad saw my talent, but that is his gift. He is able to see talent in others and nurture them to success. He did it with himself, and the musical artists he managed, Steve Arrington, Johnny Gill and New Edition just to name a few.
Fast forwarding to 2010, it was a dramatic transition in my life, my dad, William R. Underwood, strong, intelligent and my world, in prison for life? It didn’t seem right…from day one he told us he was wrongly sentenced. He spends most of his time studying the laws, writing his own briefs and fighting his case Pro Se. While in prison he has been an upstanding inmate, mentoring inmates on their cases, as well as, fighting his own civil case, where he represented himself in front of the high court and won. For the last 22 years, I have been traveling up and down the east coast, depending on where they transferred him to, to visit him.

Why at this moment have I decided to expose this very private part of my life? Because I truly believe its time for change, my Dad is WRONGLY charged a life sentence for a crime he HAD NOT BEEN CHARGED with, for a CRIME HE DID NOT COMMIT! My Dad, William R. Underwood should now be released, he has paid his debt to society. As a single mother of a pre-teen, my dad has been more of a father to my son than his own dad. He has made himself known in his life, even in prison. I can’t continue to watch this cycle, and I can’t watch my father die in there. My Son, My Nephew and My Niece deserve to have this incredible man be a part of their lives.

Please SIGN the petition & pass on to others.
Thank you!
http://criminaljustice.cha nge.org/actions/view/under woods_challenge_federal_se ntencing_reformhttp://www.slide.com/r/z19fBXDe4T-Mo0OseStLCRrhIG_swIPe?previous_view=lt_embedded_url

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