Skip to main content

Judge Marks and Mass Incarceration in the Middle District of Alabama

In 2016, together with former colleague Assistant Federal Public Defender Donnie W. Bethel, I wrote, “[p]eople of all persuasions, political parties, and philosophies have awakened to the terrible toll the crises of overcriminalization and mass incarceration have wrought on America.”

Then, a year later, highlighting the “criminalization of addiction,” I wrote about Benny King – one of Bethel’s clients – a gregarious, good-hearted, God-fearing 53-year-old black man incarcerated for 14 months at the federal correctional institution in Jesup, Georgia, for violating conditions of his supervised release; reprinting Bethel’s arguments I demonstrated (just as Bethel had) how King’s conduct in a nonviolent, low-level federal criminal case bore no relation to his incarceration other than the fact that, it too, like the entirety of King’s nonviolent criminal history, was a byproduct of decades-long untreated drug addiction.

Now, in 2019, as if time were standing still despite the “awakening” Bethel and I (perhaps too naively and optimistically) announced, what seems like ages ago in our twenty-four-hour news cycle, the stories of injustice coming out of the Middle District of Alabama are no better; they’re still replete with nonviolent, disproportionately black defendants with longstanding drug problems – ones who commit victimless crimes tied to unsuccessfully or untreated addictions – receiving draconian sentences.

These overly harsh outcomes come recommended by the Federal Sentencing Guidelines – a cold, unfeeling, mathematical rubric – that reduces crimes committed, and the men and women who commit them, to a range of prison time to be imposed. These “advisory guidelines” which far too many federal judges follow lockstep are not only devastating to defendants and their chances of rehabilitation and redemption (instead of recidivism), they cause immeasurable pain and problems for the families of these defendants, their community, and ultimately our nation, which for far, far too long has been blighted by a racist mass incarceration problem.

Take the case of Willie Blackshire. On April 21, 2017, Blackshire’s house was raided by police who found two guns (one belonging to Mr. Blackshire’s wife), some ammunition, slightly over half a gram (0.603) of cocaine, baggies, and three digital scales. Because at the time, Mr. Blackshire was on probation for being convicted in 2012 of selling ten pain pills (opioids) to a confidential informant, he was charged and eventually pled guilty to “Possession of a Firearm by a Convicted Felon.”

Urging Judge Marks for a downward variance of Mr. Blackshire’s federal sentencing “guidelines range” of 92 to 115 months in prison to 24 months, Assistant Federal Defender Bethel urged:

[Mr. Blackshire] talked about how he had his pelvis crushed in a car accident and he put the cocaine between his cheek and gum like you would chewing tobacco, for instance, and used it essentially to self-medicate. There was no large sum of cash found. We often see a logbook, a list of clients, people that still owe money to someone who sells drugs. There was nothing like that. How much cocaine was found? 0.6 grams. [A] package of Sweet ‘N Low or Splenda is a one-gram package. [Mr. Blackshire had] a little more than half a package of Sweet ‘N Low. What we often see, too, is a lot of individual baggies of drugs that have been bagged up and are ready for sale. That wasn’t present in this case. Mr. Blackshire would take – he did have some of those little baggies. And what he would do is when he traveled[,] [h]e would simply take those along and use it when he was in pain. [And] lately, every client that I have – that’s whether it’s drug possession or drug distribution – they all have digital scales, because they’re cheap. No drug user wants to be ripped off by a drug dealer. And because scales are so cheap, every drug user out there brings his own scales – it’s just that simple. I looked online this morning. I could get a set of digital scales at Walmart for $3.29. Your Honor, I know that the Court is going to get tired of me beating this drum if it hasn’t already – and we’ve only been working together for six months – but it bears repeating in every single case that involves a felon in possession of a firearm, there are no victims in this offense. The advisory guidelines are just that; they’re advisory. And if we’re going to impose a guideline sentence in every case . . . regardless of what the other mitigating factors might be, well then I’m not sure why we go through the whole point of a sentencing hearing. Ninety-two months, almost eight years, for a regulatory offense that doesn’t have any victims is insane. It makes no sense. There’s some variance that must be imposed . . . because to do otherwise simply puts the Court’s imprimatur on what is a patently unreasonable guidelines range.

Next Mr. Blackshire addressed the court in a heart-wrenching plea before assembled family, friends, and supporters, concluding: “Prison rehabilitation isn’t for everybody. I’m over there with a guy now who said, man, you’re crying about one Christmas, and I’ve not seen 13 Christmases. I’m 37[,] I have one felony that brought me in front of you[.] So I’m begging you, please[.]”

Given her turn to opine the federal prosecutor maintained Mr. Blackshire wasn’t entitled to any variance from his “guideline range,” and, as federal defenders in Alabama have begrudgingly become accustomed to, Judge Marks agreed, imposing a 96-month (8 years) prison sentence. Mr. Blackshire’s sentence is on appeal to the 11th Circuit Court of Appeals.

But, if there’s anyone out there who thinks a man with minor criminal history shouldn’t (sic) go to jail for 8 years in a case with no victims, a miniscule amount of cocaine, and an addiction tied to physical suffering, there’s 0 reason for hope. Because as Bethel bitterly observed at Blackshire’s sentencing: “The Eleventh Circuit Court of Appeals has never found a guidelines sentence to be substantively unreasonable. Never found an upward variance of any amount to be substantively unreasonable. I find it a little curious that the only time the Eleventh Circuit has found a sentence to be substantively unreasonable is when it’s a below-guideline sentence.”

And mass incarceration continues.

Source: counterpunch.org, Stepen Cooper, August 30, 2019. Stephen Cooper is a former D.C. public defender who worked as an assistant federal public defender in Alabama between 2012 and 2015. He has contributed to numerous magazines and newspapers in the United States and overseas. He writes full-time and lives in Woodland Hills, California.


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.