Hamedah Hasan

Sentence: 27 years
Offense: Conspiracy to distribute powder and crack cocaine, interstate travel in aid of racketeering, use of a telephone to commit a felony
Priors: None
Year sentenced: 1993
Age at sentencing: 25
Projected release date: Nov. 18, 2016

In 1988, Hamedah moved her daughters out of Oregon to escape abuse at the hands of their father. Without any financial resources, Hamedah sought shelter at her cousin’s home in Nebraska. Unfortunately, her cousin was selling drugs. Though Hamedah was aware of her cousin’s illegal activities, she never participated in selling or using drugs and instead spent her time caring for her young daughters and searching for work. On several occasions, Hamedah wired money through Western Union at her cousin’s request.

In October 1988, police arrested Hamedah’s cousin and two others at a hotel with small amounts of crack.  Her cousin was arrested a year later at a local airport and officers found a digital scale with cocaine residue and a handgun in his luggage.  In 1991, a man was stopped at the airport in possession of almost one pound of cocaine and immediately began cooperating with police.  He identified Hamedah’s cousin as the leader of the drug conspiracy and implicated many others, including Hamedah.
 
Hamedah, who had no prior criminal record, went to trial. Three of her codefendants testified against her, claiming that she lead the entire drug operation. Although no drugs were found on Hamedah, nor did police ever observe her selling, using or possessing drugs, she was labeled as a “manager” of the conspiracy and held responsible for 5.9 kilograms (13 pounds) of crack. Under old federal sentencing guidelines, this was enough to warrant a term of life in prison.
 
Hamedah’s cousin also received a life sentence.  Another codefendant received a reduced sentence of ten years. Two other codefendants were not prosecuted in exchange for their testimony against Hamedah.  At sentencing Judge Richard G. Kopf stated, “Had I the discretion, I would have imposed a sentence of between ten and 15 years [on Hamedah]… it is my strongly felt opinion that neither [Hamedah nor her cousin] ought to spend the rest of their days in prison.  However, I have not yet found a principled basis for imposing a lesser sentence under the guidelines.”   
 
During her incarceration, Hamedah refused to give up hope. She completed many educational and vocational courses, regularly participated in the religious community and excelled as a payroll clerk where she was responsible for managing time records for the entire prisoner workforce. Hamedah was pregnant when she was sentenced to life and gave birth to her youngest daughter shortly after her incarceration. This child has never known her mother outside of prison walls.
 
In March 1999, Judge Kopf resentenced Hamedah to 12 years, citing amended federal sentencing guidelines and Hamedah’s “extraordinary rehabilitation.” Judge Kopf received letters from Hamedah’s many supporters, including her prison unit manager who noted Hamedah’s “exceptional efforts towards self-improvement,” saying, “she continues to keep herself actively involved in several educational, spiritual and self-improvement courses.”  According to the unit manager, “upon her release from incarceration [Hamedah] will be a productive member of society.” Unfortunately, the government appealed Judge Kopf’s decision. Although a panel of U.S. Eighth Circuit Court Appeals judges upheld Hamedah’s new sentence, the prosecution won its second appeal and Hamedah was resentenced to 27 years.
 
Hamedah’s daughters, who are now young women, are tirelessly working for justice for Hamedah. Her eldest daughter spoke at a national conference about the unjust laws that have kept her mother behind bars since the early 1990’s. Hamedah’s story has attracted national attention from lawmakers and drug policy organizations. Her case was the subject of an acclaimed documentary entitled “Perversion of Justice.” Unless sentencing laws change or Hamedah receives presidential clemency, she will sit in prison for another eight years.
 
* Hamedah's sentence was reduced under the crack amendment on June 19, 2009. Hamedah was preparing to go home when U.S. District Judge Laurie Smith Camp reversed her decision, saying she had made a mistake and Hamedah was not eligible for a crack reduction.
 
You can support Hamedah's freedom!

Sign a petition asking President Obama to commute her sentence, plus watch a video of Hamedah and read her letter to the President, on the ACLU's website: http://www.dearmrpresidentyesyoucan.org/
 
Read an interview with Hamedah and her daughter here.