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BARBER AMENDMENT “Relief Valve” to S. 619 and H.R. 1695 the JUSTICE SAFETY VALVE ACT
BARBER AMENDMENT “Relief Valve” to S. 619 and H.R. 1695 the JUSTICE SAFETY VALVE ACT

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DATE: _______ 2013                                                                                                                                              DELIVER BY HAND

TO:  Senators Leahy and Paul, Representatives Scott and Massie and Chairman Goodlatte.

SUBJECT: BARBER AMENDMENT “Relief Valve” to S.619 and H.R.1695 the JUSTICE SAFETY VALVE ACT

U.S. Senators:

Patrick Leahy (D-VT) (202) 224-4242
Mail: 437 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
Email: www.leahy.senate.gov/contact/
Rand Paul (R-KY) (202) 224-4343
Mail: 124 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
Email: www.paul.senate.gov/?p=contact

U.S. Representatives:

Bobby Scott (D-VA) 202-225-8351
Mail: 1201 Longworth House Office Bldg
Washington, DC 20515
Email: Email to both Vassar and the Contact Form:
bobby.vassar@mail.house.gov
Contact form: www.massie.house.gov (click "Contact Me")
Submitting through the Contact form will ensure that the email
goes into the database and is seen by all in the office.
Thomas Massie (R-KY) 202-225-3465
Mail: 314 Cannon House Office Building
Washington, DC 20515
Email: Email to both Keegan and the Contact Form:
keegan.conway@mail.house.gov
Contact form: www.massie.house.gov (click "Contact Me")
Submitting through the Contact form will ensure that the email
goes into the database and is seen by all in the office.

Committees:

The Honorable Bob Goodlatte, Chairman
Committee on the Judiciary
U.S. HOUSE OF REPRESENTATIVES
2309 Rayburn HOB
Washington, D.C. 20515
Phone: (202) 225-5431
Fax: (202) 225-9681
e-Mail: http://goodlatte.house.gov/contacts/new
http://judiciary.house.gov/about/contact.html
All Committee Members:
http://judiciary.house.gov/about/members.html
___________________

The Honorable Patrick J. Leahy, Chairman
United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510
Telephone: (202) 224-7703
Fax: (202) 224-9516
http://www.judiciary.senate.gov/contact.cfm
All Committee Members;
http://www.judiciary.senate.gov/about/members.cfm  
Dear Senators Leahy and Paul, Representatives Scott and Massie and Chairman Goodlatte:

The undersigned national organizations urge you in the most strongest terms to amend S.619 and H.R.1695 - the JUSTICE SAFETY VALVE ACT, to be retroactive; and by adding the BARBER AMENDMENT as a new section, to read as follows:

A BILL

To amend title 18, United States Code, to prevent unjust and irrational criminal punishments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `Justice Safety Valve Act of 2013'
.
SEC. 2. AUTHORITY TO IMPOSE A SENTENCE BELOW A STATUTORY MINIMUM.
     Section 3553 of title 18, United States Code, is amended by adding at the end the following:
       `(g) Authority To Impose a Sentence Below a Statutory Minimum To Prevent an Unjust Sentence-
              `(1) GENERAL RULE- Notwithstanding any provision of law other than this subsection, the court may impose a sentence below a statutory minimum if the court finds that it is necessary to do so in order to avoid violating the requirements of subsection (a).
              `(2) COURT TO GIVE PARTIES NOTICE- Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court's intent to do so and an opportunity to respond.
              `(3) STATEMENT IN WRITING OF FACTORS- The court shall state, in the written statement of reasons, the factors under subsection (a) that require imposition of a sentence below the statutory minimum.
              `(4) APPEAL RIGHTS NOT LIMITED- This subsection does not limit any right to appeal that would otherwise exist in its absence.

          '(h) This subsection is retroactive.'.

SEC. 3. BARBER AMENDMENT. 
     Section 3624(b)(1) of Title 18 United States Code, is amended as follows:
        'Striking the number "54" in the first sentence as it appears and inserting in lieu thereof the number "128"; and in the same sentence, by striking "prisoner's term of imprisonment" and inserting in lieu thereof "sentence imposed."  This section is retroactive.'.  [END.]

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The BARBER AMENDMENT petition has over 35,000 e-certified signatories on GHANGE.org and over 14,000 on POPVOX and support grows daily.   Tens of thousands of letters sent to Members of Congress.  Kindly see http://www.fedcure.org/documents/HR1475.shtml for information on why you must amend S.619 and H.R.1695, to adopt the BARBER AMENDMENT.

The Justice Safety Valve Act  seeks "Authority To Impose a Sentence Below a Statutory Minimum To Prevent an Unjust Sentence," prospectively.   Whereas, the gross miscarriage of justice in sentencing visited upon tens of thousands of federal inmates, since 01 November 1987, continue to suffer an "Unjust Sentence."  The Act, if not made retroactive, would be arbitrary, capricious and fundamentally unfair to similarly situated defendants, who's date of offense precedes the effective date of the Act.
 
WHEREFORE, we urge you to have to have the moral and civil courage to do justice.  Amend S.619 and H.R.1695 - the JUSTICE SAFETY VALVE ACT, to be retroactive; and by adding the BARBER AMENDMENT as a new section, supra.

Respectfully,

Co-Partners and The National Coalition to Adopt the BARBER AMENDMENT to S.619 and H.R.1695 the JUSTICE SAFETY VALVE ACT: 

Federal CURE, Incorporated (FedCURE)
National African American Drug Policy Coalition (NAADPC)
Howard University School of Law
 
Signed:  700 Organizational Signatories:

The Coalition’s charter members are the: National Bar Association, Association of Black Psychologists, National Association of Black Social Workers, Inc., Howard University School of Law, Congressional Black Caucus Foundation, Inc., National Dental Association, National Black Caucus of State Legislators, Association of Black Sociologists, and National Black Nurses Association, Inc. Following the first meeting of the Coalition in October 2004, six (6) new member organizations joined: National Organization of Black Law Enforcement Executives, National Association of Blacks in Criminal Justice, National Black Alcoholism & Addictions Council; Black Administrators in Child Welfare, Inc., Association of Black Health-System Pharmacists; and National Medical Association. The most recent members are the: National Black Police Association, Thurgood Marshall Action Coalition, National Organization of African Americans in Housing, National Alliance of Black School Educators, the National Institute for Law and Equity, National Black Prosecutors Association, Black Psychiatrists of America, Inc., and National Conference of Black Political Scientists.
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