Even if I have taken a positive approach to my lengthy imprisonment & taken strides in rehabilitating myself ( Education Information 5/03/2024 by Case Manager: Inmate Guerra has put forth an excellent record of program participation. He is currently enrolled in several courses including Culinary Arts (graduated 8/30/2024 and I have 1000 hours toward a degree in Century College). He also completed while at FCI Beaumont 320 hours of HVAC & 240 hours of Industrial Sewing. While at FCI Three Rivers he completed 300 hours towards Microsoft VT. He completed 182 hours of Quality Assurance Apprenticeship at FCI Memphis as well as 1493 hours of Building Trades VT. And was part of the BOP’s Work Cadre Program at Rochester Federal Medical Center where he worked as a Health Companion assisting inmates with mental issues) at what point in my incarceration will my rehabilitation help me get some type of sentence reduction from the courts? When will the law acknowledge my transformation & accept the new man that I have become?

I filed a Compassionate Release Motion in 2022 for a sentence reduction & one of the issues I raised was my rehabilitation while incarcerated. Here is how the prosecutor responded as to why I should be denied any sentence reduction: ” Assuming the defendant has shown ” Extraordinary & Compelling ” reasons for relief the present offense was serious, & Guerra’s criminal history placed him at the highest criminal history category possible-Category VI. Guerra was held accountable for 11,257.60 kilograms of marijuana. Guerra received a two-level sentencing enhancement for obstruction when he threatened one of the government’s cooperating witnesses (remember my first post about what took place in Oklahoma Transfer Center and how my codefendant lied about me threatening him). Although Guerra was relatively young when he committed his crimes, received a long sentence, & used his time while incarcerated to pursue classes & employment, he also trafficked over 11,000 kilograms of marijuana. Ultimately Guerra has not met the ” exceptionally high standard for relief ” set by 3582(c)(1)(A)(i).

Now let’s look at how the Honorable Judge responded to my rehabilitation issue used in my Compassionate Release Motion :

“Guerra plead guilty to conspiracy to possess with intent to distribute and to distribute 1000 kilograms or more of marijuana, a serious offense. Judge Seymour ultimately held Guerra responsible for 11,257 kilograms of marijuana a significant amount. Moreover, he received a sentencing enhancement for making threats against a government witness. What more, Guerra has a criminal history category of six, including convictions for Driving While Intoxicated, Possession of a Controlled Substance, & delivery & manufacture of marijuana( my oldest prior is 30 years old, and most recent is 18 years old). On the other hand, Guerra has used his incarceration for rehabilitative efforts such as Vocational Training & providing support to other inmates by serving as a Health Companion. Although the court commends Guerra for his progress, finding his service while incarcerated admirable, it determines his efforts toward rehabilitation fail to warrant a sentence reduction. The court encourages Guerra to continue to take part in programming the BOP has to offer. Considering the balance of the factors, therefore, the court determines a reduced sentence is inappropriate. The current 324-month sentence is not of “unusual length” & creates no “gross” sentencing disparity. It is sufficient, but no longer than necessary, to promote respect for the law, provide adequate deterrence, reflect the seriousness of his offense, & is a just punishment in this case.”

So back to my original question: “At what point does the law (Judicial System) acknowledge & accept the person I have become, especially after serving 17 years of my sentence ?” Heraclitus said, ” No man steps in the same river twice.” What he meant was, since the river is always running it is constantly changing, so it is with us! The prosecutor & the judge continuously point to the events and the person I used to be nearly 20 years ago as if it were yesterday. Not taking into consideration what has transpired 17 years after the fact. When a baby is born into this world & grows up to be a 20-year-old adult; That adult is no longer referred to as the baby he/she once was. That 20-year-old is no longer nourished by means of breastfeeding. That would be silly and outright absurd if you ask me. So if that’s silly & absurd, wouldn’t it be fair to say that the prosecutor and judge who are placed in the position of power & hold our freedom in their hands are absurd in identifying me as the the persons I once was painted out to be & not considering who I am today? It’s beyond me my friends & I sit here in federal prison day-in and day-out pondering on this very question asking myself: ” What am I missing when it comes to the judicial system?”

The Bureau said the following in 2016: ” The Bureau…. is undertaking sweeping reforms designed to reduce recidivism & strengthen public safety. By focusing on evidence-based rehabilitation strategies, these reforms touch virtually every aspect of the federal prison system, from an inmate’s initial intake to his/her return into the community. The reforms are targeted to address the core behavioral issues that result in criminality, with the goal of reducing the likelihood that inmates re-offend either while incarcerated or after their release. In doing so, the Bureau is creating safer prisons & safer streets, underscoring the Justice Department’s philosophy that one of the best ways to prevent crime is by reducing recidivism.”

Yet in many cases like mine, it is always ironic to read the DOJ’s response to Compassionate Release petitions which argue that an individual who has served the majority of the sentence, has completed dozens of courses while in prison, is still a “danger to society.” So the logical question is, ” Why does Congress appropriate millions of dollars annually for prison educational & self-improvement courses that clearly benefit the incarcerated when the effectiveness of such programs is summarily dismissed by the DOJ in its filing?”(Newsletter quote)

“WHAT AM I MISSING !!!!!” I have worked my way down from a High-security to a Low-security institution by doing what is right & I am on the verge of having Custody points in order to go to a Camp. I am also a minimum/low risk for recidivism & I am a Bureau Of Prison success story in terms of rehabilitation. If someone has the answer please enlighten me because I am dumbfounded by the Judicial System and their contradictory action.

Ecclesiastes 3:16…. Furthermore, I have seen under the sun that in the place of justice there is wickedness & in the place of righteousness there is wickedness.

But I remain confident of this: I will see the goodness of the LORD in the land of the living. Wait for the LORD; be strong & take heart & wait for the LORD (Psalm 27:13-14).

Blessings to all from FCI Sandstone!!
Omar