You may have heard of Leo Guthmiller, the Nebraska man who was well into his recovery and enjoying his new life when he was hit out of the blue with a federal drug conspiracy charge—which resulted in a 10-year prison sentence.
In a new video posted by Families Against Mandatory Minimums (FAMM)—a group devoted to sentencing reform—Guthmiller and his family speak about his sentencing and what got him to that point, two days before he reported to federal prison.
His story is not unique to the thousands who get caught up in the prison system thanks to mandatory minimum sentencing laws—which force judges to hand down inflexible prison terms for people convicted of certain crimes—a disproportionate number of whom are black. But his story is once again bringing to light the unjust outcomes of harsh drug sentencing laws in the United States.
Guthmiller has been sober from painkillers and methamphetamine since 2013. At the time of his sentencing in February, he’d had a full-time job, got married, and was leading local AA meetings. But his turnaround made no difference in the eyes of the federal government.
Guthmiller was ratted out by a fellow meth user, who told authorities that Guthmiller introduced him to his dealer, making him the middleman in the transaction. And since the amount of meth involved in this federal case exceeded 500 grams (or 1.1 pounds)—the actual transaction led to the sale of 15 pounds of meth—the judge had no choice but to give Guthmiller a minimum of 10 years behind bars. It didn’t matter that this transaction occurred four years earlier, while Guthmiller was still in the throes of addiction.
The 28-year-old was federally indicted with conspiracy to distribute illegal drugs in April 2015 for something he did years prior. He pleaded guilty and was sentenced to 10 years in prison. At the time of his sentencing, U.S. District Court Judge John Gerrard said he disagreed with the sentence, but had no choice in the matter. “There should be just punishment, respect for the law. But a 10-year sentence is absolutely ridiculous in a case like this,” said Gerrard. “The only reason I am imposing the sentence that I am imposing today is because I have to. That’s what Congress mandates.”
As of this month, President Obama commuted the prison sentences of a total of 306 non-violent offenders, the majority of whom were serving time for drug offenses. The administration is in the process of reviewing a huge backlog of clemency applications, but Guthmiller won’t be able to be considered for clemency because he hasn’t served enough time, says Kevin Ring, FAMM’s vice president.
“It’s not clear what’s next for Leo. Right now, he’s adjusting to his new life in prison, which is obviously a big adjustment,” Ring told The Fix via email. “We hope that the next president will consider Leo’s case, especially given the judge’s strong objection to the sentence.”
By the time Guthmiller is released in 2024, he will be 38 years old. Judge Gerrard said his case is “Exhibit A” of why Congress should pass the Sentencing Reform and Corrections Act, which would give judges more flexibility.
“I’m not an innocent person, but at the same time this is all a bit much, I feel,” Guthmiller told NBC News in a report published earlier this month. Guthmiller reported to Springfield Federal Prison in Missouri on April 27.
Check out the Families Against Mandatory Minimums (FAMM) video chronicling Leo’s story below: