A Case in Point: The story of Jerry A. Lewis, prisoner of the drug war
U.S. Sentencing Guidelines - A Monumental MistakeThe story of Jerry Lewis is highly typical of the sort of tyranny that develops under the federal sentencing scheme when a prosecutor and a judge decide to double-team a defendant. Jerry Lewis was a first-time, nonviolent offender, a Marine Corps veteran of the Vietnam War awarded the Combat Action Ribbon and Vietnamese Cross of Gallantry. What follows is the rule in these cases and not an exception.
In 1988 Jerry was approached by a paid government informer under the control of a team of DEA agents. This informant attempted to set people up for drug cases and in this capacity approached Jerry, trying to make a direct drug buy. Jerry told him he wasn't into the drug scene but told him he had once known people who were. Over the course of the next few months the informer kept after Jerry to make a direct deal, but he was repeatedly told that it wasn't possible.
The government agents running the sting operation then switched their tactics and had the snitch question Jerry about the people he knew and if he could set up a meeting. Jerry made the mistake of telling the informer that he would "check around." But nothing happened and the informer came back now and then for a period exceeding two years. At no time did Jerry ever initiate contact. The informer's persistence finally paid off when Jerry told him he once knew a fellow in Florida named Carlos. For three more months the informer plagued Jerry about Carlos, and Jerry ultimately told him that he would call Carlos himself to see if he was still around.
The informant and his "money man" -- a DEA agent acting undercover -- quickly agreed to buy airline tickets to Florida. Jerry was reluctant to go as he was about to have an operation and was wearing a neck brace. When he arrived at the airport, he was immediately arrested. No trip to Florida was ever made; no introductions and no drugs were purchased. At the time of his arrest, Jerry was a family man with two
sons and employed as a machinist and tradesman, a taxpayer.
...
Here is how a person receives a thirty-year sentence for what Jerry did, or more correctly -- what he didn't do. The federal agents controlling the informer stated that IF he would have been introduced to Carlos, and IF Carlos would have been willing, and IF Carlos had any drugs, they would have wanted to buy five kilograms of cocaine.
http://www.journeyforjustice.org/petition/guidelinesentencing.html