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 family away from their home in Oregon to escape serious abuse at the hands of her children’s father. Without any financial resources, Hamedah sought shelter at her cousin’s home in Nebraska. Unfortunately for Hamedah, her cousin was involved in selling drugs. Though she was aware of her cousin’s illegal activities, Hamedah never participated in selling or using drugs, instead focusing her time on 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 with small amounts of cocaine base at a hotel.  Her cousin was arrested again 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.  The man 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 Hamedah, saying she was the leader of the entire drug operation. Although no drugs were ever found on Hamedah, nor did police ever observe her selling, using, or possessing drugs, she was identified as a “manager” of the conspiracy and held responsible for 5.9 kilograms of crack.  Under old federal sentencing guidelines, this was enough to sentence Hamedah to life in prison.
 
Hamedah’s cousin also received a life sentence.  Another man involved in the conspiracy received a reduced sentence of 10 years in prison. Two of the other codefendants were not prosecuted in exchange for their testimony against Hamedah. 
 
At sentencing Judge Kopf stated, “Had I the discretion, I would have imposed a sentence of between 10 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.”    
  
While in prison, Hamedah has dedicated her time to bettering herself. She has completed many educational and vocational courses, regularly participated in the religious community, and excelled at her payroll clerk job where she was responsible for the time records of the entire prisoner workforce. Hamedah, pregnant when she was sentenced to life, she gave birth to her youngest child shortly after her incarceration. This daughter has never known her mother outside of prison.
 
In March 1999, Judge Kopf resentenced Hamedah to 12 years, citing new 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 that would have returned Hamedah to her daughters in several years time. Although a panel of U.S. Eighth Circuit Court Appeals judges upheld Hamedah’s new sentence, the government won on its second appeal and Hamedah was resentenced to 27 years.
 
Hamedah’s daughters, who are now young women, are working tirelessly to achieve justice for their mother. Her eldest daughter spoke at a national conference about the unjust laws that have kept her mother behind bars for almost two decades. Hamedah’s story has attracted national attention from drug policy organizations and prominent lawmakers. Her story 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 almost eight more years.

Read an interview with Hamedah and her daughter here.