Tag Archives: AG Jeff Sessions

DeKalb father sues AG Jeff Sessions over marijuana

Christopher Hopper, WXIA 11:45 PM. EDT July 27, 2017

A DeKalb County father is suing the federal government, namely Attorney General Jeff Sessions over marijuana.

Sebastien Cotte, Stone Mountain, is named in a federal lawsuit filed Monday, July 24 in a U.S. District Court in Manhattan challenging the Controlled Substances Act.

Cotte has a 6-year-old son Jagger who suffers from a terminal neurological disorder called Leigh’s Disease.

Cotte has been giving Jagger cannabis oil for nearly three years and believes it has extended his life.

“Usually 95 percent of them do not make it past 4-years-old,” said Sebastien Cotte, suing the federal government.

In September Jagger will turn seven.

Around the time most kids die from this chronic disease, Cotte moved his family to Colorado and Jagger started cannabis oil.

He no longer takes oxycontin or morphine.

“It’s been game changing for him it’s one of the main reasons he’s still alive today,” he said.

Cotte said marijuana’s medical benefits are keeping Jagger alive, and that’s why he’s a plaintiff in this lawsuit.

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It’s 90 pages long and is against Attorney General Jeff Session and the federal government for classifying marijuana in a category with heroin and LSD, highly addictive drugs with no accepted medical use.

Cocaine and methamphetamine are Schedule II drugs and are considered less addictive and dangerous compared to marijuana.

Cotte said that Schedule I status is what’s keeping Georgian’s who can legally use cannabis oil from being able to buy marijuana grown here.

“To be able to get it here in Georgia, get a safe legal tested product here in which we could get if cannabis wasn’t a Schedule I substance, that would be life changing for Jagger and thousands,” he said. “You know we have over 2,000 people on the registry right now.”

There are several plaintiffs in the lawsuit in addition to the Cotte’s including a former NFL player and a combat veteran with PTSD.

PDF DOCUMENT OF LAWSUIT HERE

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AG Sessions paves way for stricter sentencing in criminal cases

By Laura Jarrett, CNN

Updated 7:54 AM ET, Fri May 12, 2017

(CNN)Attorney General Jeff Sessions has a new directive for federal prosecutors across the country: charge suspects with the most serious offense you can prove.

Friday’s announcement follows a line of several other significant departures from Obama-era domestic policies at the Justice Department, but this decision crystalized Sessions’ position in the criminal justice realm.

In a brief one-and-a-half-page memo, Sessions outlined his new instructions for charging decisions in federal cases, saying that his new first principle is “that prosecutors should charge and pursue the most serious, readily provable offense.”

    “The most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences,” Sessions later adds.

    While the federal sentencing guidelines are advisory — and take into account everything from a defendant’s criminal history to cooperation with authorities — some judges have felt handcuffed by mandatory minimums, which provide a statutory sentencing minimum of months below which the judge cannot depart.

    The move was harshly criticized by the New York University School of Law Brennan Center for Justice, a nonpartisan law and policy institute focused on democracy and justice.

    “The Trump administration is returning to archaic and deeply-flawed policies,” Inimai Chettiar, the center’s justice program director, said Friday. “Sessions is leaving little to no room for prosecutors to use their judgment and determine what criminal charges best fit the crime.”

    “That approach is what led to this mess of mass incarceration,” she added. “It exploded the prison population, didn’t help public safety, and cost taxpayers billions in enforcement and incarceration costs.”

    Sessions also formally withdrew a signature part of Attorney General Eric Holder’s “Smart on Crime” initiative, which sought to target the most serious crimes and reduce the number of defendants charged with non-violent drug offenses that would otherwise trigger mandatory minimum sentences.

    “We must ensure that our most severe mandatory minimum penalties are reserved for serious, high-level, or violent drug traffickers,” Holder wrote in a 2013 memo. “In some cases, mandatory minimum and recidivist enhancements statutes have resulted in unduly harsh sentences and perceived or actual disparities that do not reflect our Principles of Federal Prosecution.”

    As a result, during the Obama era, federal prosecutors were instructed not to charge someone for a drug crime that would trigger a mandatory minimum sentence if certain specific factors were met: (a) the relevant conduct didn’t involve death, violence, a threat of violence or possession of a weapon; (b) the defendant wasn’t an organizer, leader or manager of others within a criminal organization; (c) there were no ties to large-scale drug trafficking operations; and (d) the defendant didn’t have a “significant” criminal history (i.e., prior convictions).

    All of those charging factors are now gone under Sessions’ reign and not surprising, as he has previously telegraphed his desire to prosecute more federal cases generally.

    The effects of Friday’s decision are likely to be felt most immediately in the narcotics context where federal mandatory minimums established by Congress can be harsh for even first-time offenders because the sentences are dictated based on drug type and quantity.

    CNN’s Eugene Scott contributed to this report.

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