Diane Nelson
# 06050-031
Federal Sentence: 30 years
Offense: Conspiracy to possess with intent to distribute crack cocaine 1,000 feet from a school; Aiding and abetting
Court: U.S. District court of Kansas
Priors: Petty larceny (9/16/1977); Welfare theft under $50 (12/5/1980)
Date of Sentencing: 4/01/1990
Date of Birth: 9/18/1957
Projected Release Date: 10/14/2015
Nature of Offense: Diane began to sell drugs after she injured her back lifting a patient at the nursing home where she worked. She was unable to continue working and sold crack cocaine with her husband from their home in Bonner Springs, Kansas to make ends meet. Between February and August of 1989, authorities conducted three raids on Diane’s home and arranged 12 controlled buys with various coconspirators. In August 1989, Diane was arrested on a 19-count indictment along with her husband, three stepsons, and three other codefendants. When police raided her home at the time of her arrest, they kicked a window air conditioner onto her then one-year-old grandson, who required subsequent hospitalization. While only about 70 grams of crack cocaine were discovered during the raids and controlled buys, Diane was held accountable for over 500 grams of crack cocaine due to information provided by informants and codefendants. Diane admits to selling the drugs, but denies that she played a managerial role. She also claims that at times she only sold drugs for fear of physical retaliation from her husband. Diane was found guilty at trial. She feels that the Judge was determined to make an example of her at sentencing because she was the only female and only Caucasian defendant. Diane also believes that the Judge was biased against her because she is white and her husband is black.
Guideline Sentence: The amount of drugs involved in the conspiracy warranted a base offense level of 36. Diane received a 2-point enhancement for the guns found in her home, a 3-point enhancement for the managerial role she played, and an additional 2-point enhancement for obstruction of justice (Diane allegedly instructed individuals to testify that her husband was not involved because he told her to do so). Diane also received a 1-point reduction for coercion or duress making her adjusted guideline level 42. With a criminal history category of I, she received a 360 month, or 30 year, sentence.
Sentences of Others Involved: Diane’s husband received a life sentence and her three stepsons all received sentences ranging from 19 to 24 years.
Personal Background: Growing up in Kansas, Diane’s home life was chaotic. She began to act out at a young age and by the time she was 17 years old, she was placed in a girl’s home for troubled youth. Despite her rocky start, Diane worked hard to get herself back on the right track and graduated from high school. Diane then went through training to become a Certified Medication Aide (CMA). She worked as a CMA at nursing homes for years and had aspirations to someday become a nurse. Unfortunately, she was unable to bring this goal to fruition before her arrest.
Diane had the first of her four children when she was 18 and went on to marry the father of her youngest son. Diane’s children were between the ages of eight and thirteen at the time of her arrest and are now all adults. While her incarceration continues to be difficult for her kids, it was particularly hard on them during their childhood. Their grandparents and various other family members raised them, but it was nearly impossible to keep them all together—one of her daughters was forced to spend time in foster care. Diane has only been able to see her children on a handful of occasions since her incarceration. In addition to missing out on watching her own children grow up, Diane has also missed out on the births of fifteen grandchildren and the chance to say goodbye to her father who passed away in 2003. Despite her current situation and the hardships she has faced, Diane keeps her spirits high and ends all correspondence with “I’m blessed and doing well”.
Compiled from PSR and inmate information.
BA 2/06