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Stash House Advocacy Project and Clemency, Compassionate Release, and Second Chance Advocacy

The FCJC advocates for second chances in the federal system. Under the supervision of Professor Erica Zunkel, this work has taken multiple forms: (1) litigating post-conviction compassionate release motions and appeals to advocate for the release of people in federal prisons, with a specific focus on stash house clients who are serving lengthy mandatory minimum sentences; and (2) broader advocacy for the increased use of compassionate release, clemency, and other second chances to reduce mass incarceration in the federal system.

The Stash House Advocacy Project fights for justice for Chicago stash house clients who are serving draconian sentences, in spite of the U.S. Attorney’s Office in Chicago disavowing the practice and endorsing much lower sentences for the 43 clients who were part of the FCJC’s stash house litigation. This work builds on that innovative litigation, a multi-year endeavor that exposed—and effectively eliminated—racial discrimination in an entire category of federal cases.

As of fall 2022, the FCJC filed compassionate release motions on behalf of five stash house clients; with three clients released and two cases pending. In total, this litigation saved our clients approximately 25 years in prison. Federal compassionate release permits a judge to reduce a person’s sentence for family circumstances, medical reasons, or any other “extraordinary and compelling” reason. In 2018, Congress expanded compassionate release so that people in federal prisons can bring these motions to judges, rather than waiting for the BOP to grant relief. In our briefing, we argue that our stash house clients should be released immediately for several “extraordinary and compelling” reasons: their sentences are excessive, their sentences would be much lower today, and they have rehabilitated. We have also argued that our clients are vulnerable to COVID-19 for various reasons, including their age and underlying health conditions. Federal prosecutors opposed release in all cases.

In addition, the Clinic has litigated a federal habeas appeal and compassionate release appeal in the Seventh Circuit on behalf of stash house clients.

Beyond representing clients, the FCJC advocates more broadly for second chances in the federal system. One notable example of this advocacy was a Second Chances Symposium in February 2022, in partnership with the Illinois Prison Project (IPP). The symposium drew a large and diverse audience from across the country, with over 300 attendees. In addition to discussing the broader framework for second chances with national experts, the event also educated lawyers on best practices for advocating for second chances via compassionate release motions and clemency petitions.

The Second Chances Symposium featured national experts including Georgetown Law Professors Shon Hopwood and Vida Johnson, University of St. Thomas Professor Mark Osler, former Federal Pardon Attorney Larry Kupers, and FAMM’s General Counsel Mary Price. During the symposium’s final panel, which highlighted people who have received a second chance, FCJC clients Leslie Mayfield and Dwayne White shared their powerful stories. Leslie and Dwayne were convicted in connection with the ATF’s stash house operation; the second chances they described are a direct result of the FCJC’s advocacy.

Under the supervision of Professor Judith Miller, the FCJC also participated in the Obama Administration’s Clemency Project 2014, and hosted a related working group meeting for clinicians. The President ultimately granted clemency to the FCJC client.

Related Materials

Model Motions

Please contact Professor Zunkel for a copy of these motions.

  • Motion for Compassionate Release, United States v. Michael Spagnola, 07-CR-441, Dkt. 264.
  • Motion for Compassionate Release, United States v. Christopher Blitch, 06-CR-586, Dkt. 635.
  • Motion for Compassionate Release, United States v. Dwayne White, 09-CR-687, Dkt. 372.

Orders

Please contact Professor Zunkel for a copy of these orders.

  • Order Granting Compassionate Release, United States v. Christopher Blitch, Dkt. 664.
  • Order Granting Compassionate Release, United States v. Dwayne White, Dkt. 386.

Second Chances Symposium (videos)

Selected Press

Public Advocacy

  • In the leadup to the Second Chances Symposium, Professor Zunkel joined with Jennifer Soble, the Founder and Executive Director of the Illinois Policy Project, to publish an op-ed advocating for second chance reform: Erica Zunkel & Jennifer Soble, To End Mass Incarceration, We Should Embrace Second Chances, Chicago Tribune (Feb. 15, 2022).
  • After the Clinic’s client received a clemency grant under the auspices of Clemency Project 2014, Professor Miller likewise advocated for expanding the clemency system in Why it’s time to scrap mandatory minimum sentencing, Chicago Tribune (Dec. 26, 2015); see also Judith P. Miller, Not Just the Deserving, 29 Fed. Sent. Reporter 257 (June 1, 2017).