December 23, 2023 - On Friday, President Joe Biden released a Statement on Clemency Actions.

America was founded on the principle of equal justice under law. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger. That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.
First, I am commuting the sentences of 11 people who are serving disproportionately long sentences for non-violent drug offenses. All of them would have been eligible to receive significantly lower sentences if they were charged with the same offense today.
 
Second, following my pardon of prior federal and D.C. offenses of simple possession of marijuana, I am issuing a Proclamation that will pardon additional offenses of simple possession and use of marijuana under federal and D.C. law. Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities. Too many lives have been upended because of our failed approach to marijuana.  It’s time that we right these wrongs.  
 
Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either. That’s why I continue to urge Governors to do the same with regard to state offenses and applaud those who have since taken action.
 
I have exercised my clemency power more than any recent predecessor has at this point in their presidency. And while today’s announcement marks important progress, my Administration will continue to review clemency petitions and deliver reforms that advance equal justice, address racial disparities, strengthen public safety, and enhance the wellbeing of all Americans.

Clemency Recipient List

On Friday, President Joseph R. Biden Jr. used his authority under the Constitution to uphold the values of redemption and rehabilitation by commuting the sentences of 11 fellow Americans who are serving unduly long sentences for non-violent drug offenses. 

President Joseph R. Biden Jr. is commuting the sentences of the following 11 individuals:

Felipe Arriaga – Sunnyside, Washington
Offense: Conspiracy to distribute methamphetamine (District of Montana). 
Sentence: 20 years of imprisonment, 10-year term of supervised release (December 17, 2009).
Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Earlie Deacon Barber – Dothan, Alabama
Offense: Conspiracy to distribute and possess with intent to distribute more than five kilograms of a mixture and substance containing cocaine and more than 50 grams of a mixture and substance containing cocaine base (Northern District of Florida). 
Sentence: Life imprisonment, 10-year term of supervised release (September 9, 2009).
Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

James Michael Barber – Gastonia, North Carolina
Offense: Conspiracy to distribute and possess with intent to distribute at least five kilograms of cocaine and 280 grams of cocaine base (Western District of North Carolina). 
Sentence: 15 years and eight months of imprisonment, five-year term of supervised release (February 13, 2015).
Commutation Grant: Sentence commuted to expire on February 20, 2024, leaving intact and in effect the five-year term of supervised release with all its conditions and all other components of the sentence.

Anthony Ewing – Union City, Georgia
Offense: Conspiracy to distribute cocaine and cocaine base (crack) (Central District of Illinois). 
Sentence: 20 years of imprisonment (as amended by order of June 22, 2017), 10-year term of supervised release (January 22, 2016).
Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Quittman Andre Goodley – Austin, Texas
Offense: Conspiracy to possess with intent to distribute and distribute 280 grams or more of cocaine base (Western District of Texas). 
Sentence: 20 years of imprisonment, 10-year term of supervised release (July 18, 2012).
Commutation Grant: Sentence commuted to expire on February 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Deondre Cordell Higgins – Kansas City, Missouri
Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of cocaine base (Western District of Missouri).
Sentence: Life imprisonment, no supervised release (August 30, 2011).
Commutation Grant: Sentence commuted to a term of 25 years, leaving intact and in effect all other components of the sentence and with the final two years of his incarceration in prerelease custody, to the maximum extent permitted by law.

Leroy Lymons – Pensacola, Florida
Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine (Northern District of Florida). 
Sentence: Life imprisonment, 10-year term of supervised release (June 12, 2012).
Commutation Grant: Sentence commuted to a term of 27 years, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Angel Rosario – Allentown, Pennsylvania
Offense: Distribution of 28 grams or more of cocaine base (crack) within 1,000 feet of a public school; distribution of 28 grams or more of cocaine base (crack); distribution of cocaine base (crack) within 1,000 feet of a public school (two counts); distribution of cocaine base (crack) (two counts) (Eastern District of Pennsylvania). 
Sentence: 21 years and 10 months of imprisonment, eight-year term of supervised release, and $2,500 fine (July 19, 2012).
Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the eight-year term of supervised release with all its conditions and all other components of the sentence.

Esaias J. Tucker – Tallahassee, Florida
Offense: Conspiracy to distribute more than five kilograms of cocaine and more than 280 grams of cocaine base; possession with intent to distribute 500 grams or more of cocaine and more than 28 grams of cocaine base (Northern District of Florida). 
Sentence: 20 years of imprisonment, 10-year term of supervised release (January 29, 2013).
Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Darryl Allen Winkfield – Augusta, Georgia
Offense: Conspiracy to distribute, and to possess cocaine and cocaine base with intent to distribute; distribution of cocaine hydrochloride (three counts); possession of cocaine and cocaine base with intent to distribute (Southern District of Georgia). 
Sentence: Life imprisonment, 10-year term of supervised release (September 29, 1998).
Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Kenneth Winkler – Indianapolis, Indiana
Offense: Conspiracy to possess with the intent to distribute and to distribute 50 grams or more of actual methamphetamine (Southern District of Indiana). 
Sentence: 20 years of imprisonment, 10-year term of supervised release (July 23, 2012).
Commutation Grant: Sentence commuted to expire on February 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use ofMarijuana

   In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code).  As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities.  Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana.  Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:

(1)  section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana; 

(2)  section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;

(3)  section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and

(4)  provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).
 

     My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana.  This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.

     Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications for certificates of pardon and shall issue such certificates of pardon to eligible applicants in due course. 

     IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.
 

JOSEPH R. BIDEN JR.

Source: Office of the White House