Case 3:03-cr-30008-MAP Document 1279 Filed 07/30/15 Page 1 of 3

WILMERHALE

Stephen A. Jonas

July 15,2015

+16175266144 (\)
+16175265000 (I)
slephenjonas@wilmerhale,com

By First Class Mail

The Hon. Michael A. Ponsor
U.S. District Judge, District of Massachusetts
Springfield, Hampden Courtroom
300 State Street, Suite 120
Springfield, MA 01105
Re: United States v. Manuel Colon, Cr. No. 03-30008-MAP
Dear Judge Ponsor:

I write on behalf of my client, Mr. Manuel Colon, who I represent in connection with the
Clemency Project 2014. The Clemency Project 2014 is a working group of lawyers and
advocates launched in January 2014 in response to Deputy Attorney General James Cole's call
for the legal profession to provide assistance to federal prisoners who would likely have received
shorter sentences ifthey had been sentenced today. The Clemency Project 2014 has agreed that
Mr. Colon meets the criteria outlined for the initiative by the Department of Justice ("DOJ"), and
we are now in the process of preparing a clemency petition to be submitted to the Office of the
Pardon Attorney. J I write to ask that you consider submitting a letter on Mr. Colon's behalf.
Your Honor sentenced Mr. Colon to 240 months in prison on January 31, 2007, after he pled
guilty to certain non-violent drug offenses. The 20-year sentence was mandated by statute
pursuant to 21 U.S.C. 841 (b)(I)(A) and an information filed by the government under 21
U.S.C. 851 for a prior felony drug offense. In the sentencing hearing, you stated:
"I do believe that if I had the independent discretion simply to apply the criteria set forth
at 18 U.S. 3553(a), I would impose a sentence ofless than 240 months. I wouldn't do
this because it would be an expression of my own personal whim or my own personal
opinion. I would do it because that's how I think the objective criteria set forth in
3553(a) would play out. I do think that this sentence is more severe that what the statute
- that is 3553(a) calls for.
If I had the discretion to impose a sentence applying those criteria it's very likely, in fact
I think I can say it's certain, that I would impose a sentence of less than 24 months. I
don't have that option here. I want it to be clear that I don't view myself as having that
option here, and so I'm going to proceed now to impose the sentence that I think the law
passed by Congress requires me to impose." Sent. Tr. 35: 11-36:4, attached as Exhibit 1.
I Mr. Colon also has a motion pending before Your Honor to reduce his sentence under U.S.S.c. Amendment 782
(the "drugs minus two" amendment) but this process is separate from executive clemency. The U.S. Attorney's
Office and Mr. Colon's appointed counsel are copied on this letter.

Wilmer Cutler Pickering Hale and Dorr

Belling

Berlin

Boston

Brussels

Denver

Frankfurt

LLP,

60 State Street. Boston, Massachusetts 02109

London

Los Angeles

New York

Oxford

Palo Alto

Washington

Case 3:03-cr-30008-MAP Document 1279 Filed 07/30/15 Page 2 of 3

WILMERHALE
The Hon. Michael A. Ponsor
July 15,2015
Page 2

We believe that ifMr. Colon were sentenced today, a federal prosecutor following current DOJ
guidelines would not likely file an 851 enhancement, 2 giving Your Honor the discretion that
you did not have in 2007.
Set forth below are additional factors that I respectfully request that you consider with respect to
Mr. Colon's petition.
1. Mr. Colon has already been imprisoned for 12 years. Ten years is the statutory

mandatory minimum under 21 U.S.C. 841 (b)(1)(A) without an 851 enhancement. If

Mr. Colon were sentenced today, the current U.S. Sentencing Guidelines would call for a
sentence between 87 and 108 months-years less than he has already served.
2. Because Mr. Colon's current sentence is pursuant to a statutory mandatory minimum, his
counsel and the U.S. Attorney's Office have concluded that he is not eligible for
retroactive relief under the "drugs minus two" amendment to the U.S. Sentencing
Guidelines. See United States v. Manuel Colon, No. 03-cr-30008-MAP, D.l. 1275 (July
9, 2015), attached as Exhibit 3.
3. No aspect ofMr. Colon's conduct in the instant case was violent, and he has no history of
violence or ties to large-scale criminal organizations. His prior criminal history comes
primarily from convictions for non-violent drug crimes, motor vehicle violations, and a
misdemeanor breaking and entering, all when he was a teenager. In the decade before his
arrest for the instant crime, he was found guilty or admitted sufficient facts for only two
minor motor vehicle charges and possession of a small amount of marijuana.
4. Mr. Colon has an exemplary record of conduct in prison. Since being incarcerated over a
decade ago, he has obtained his GED and a landscape management certification; taken
classes on history, nutrition, drawing, parenting, and money management; completed job
and computer training; and participated in drug abuse counseling and a dog training
program. His only disciplinary infraction was for possession of an unauthorized watch.
Mr. Colon remains optimistic about the future and looks forward to the chance to be with his
family again.
2 A memorandum from fonner Attorney General Eric Holder dated August 12, 2013, attached as Exhibit 2, explains
that prosecutors should on Iy file an 851 enhancement based on prior felony drug offenses if the case is
"appropriate for severe sanctions." Mr. Colon's case does not fit the criteria laid out in the memorandum because
(I) he was not a leader of a criminal organization; (2) he was not involved in the use or threat of violence in
connection with the offense; (3) he had no history of prior violent conduct or recent prior convictions for serious
offenses; (4) he had no significant ties to large-scale drug trafficking organizations, gangs, or cartels; (5) he received
the longest sentence of any of the co-defendants despite his lack ofa leadership role; and (6) the sentencing factors
in 18 U.S.c. 3553(a) called for a shorter sentence.

Case 3:03-cr-30008-MAP Document 1279 Filed 07/30/15 Page 3 of 3

WI LMERHALE
The Hon. Michael A. Ponsor
July 15,2015
Page 3

We believe your opinion would be invaluable when the DOJ and President Obama evaluate Mr.
Colon's petition for executive clemency.
On behalf of Mr. Colon, we thank you for your time and consideration of this request. Please do
not hesitate to contact me if you have any additional questions or would like to see any
additional information.
Thank you.

Stephen A. Jonas

cc: Manuel Colon

AUSA Jennifer H. Zacks and AUSA Nathaniel R. Mendell, U.S. Attorney's Office
Marissa Elkins, Esq.