Nicholas Papin

Free Nicholas Papin

After legalizing marijuana for recreational use, Missouri has recently expunged more than 50,000 convictions for all marijuana convictions that involved 35 or fewer grams. Many prisoners serving state sentences have been released. The problem is there are federal prisoners who had their federal sentences radically enhanced because of the prior state marijuana convictions, which are now void. Nick Papin is one of those people. This new development has significantly changed federal prisoner Nick Papin's situation, who, because of two prior marijuana convictions, was classified in federal court as a Career Offender, thereby inflating his sentencing range by 10 - 15 years, which resulted in a harsh federal prison sentence. However, because Nick does not have an attorney, he has not benefited from the removal of this career offender classification now that the marijuana convictions are void. Nick continues to languish in prison, serving a sentence that is a product of his two prior marijuana convictions, even though they have been expunged.

Because of Two Prior Petty Marijuana Convictions, Under the U.S. Sentencing Guidelines, Nick was Classified as a Career Criminal, Causing His Sentencing Range to Increase From 46 - 57 Months in Prison to 188 - 235 Months in Prison 

In particular, in federal court, Eastern District of Missouri, Nick Papin pled guilty and was subsequently sentenced for Possessing 102 Grams Methamphetamine with the Intent to Distribute, which produced an Offense Level of 24. There were no other sentencing enhancements. With his 3-level reduction for acceptance of responsibility, his Offense Level was 21, yielding a U.S. Sentencing Guideline range of 46 - 57 months in prison.  

At sentencing, however, the judge used two prior (Missouri) convictions for Distribution of Marijuana to classify Nick as a Career Offender under the U.S. Sentencing Guidelines. (See Case Nos. 16SG-CR00851-0 Genevieve County, MO & 11SG-CR00259-01 Genevieve County, MO). In the first marijuana case, Nick was caught with a few stray marijuana leaves in his car. Imagine a few bits that fit in the palm of your hand. The judge gave him a suspended sentence and placed him on five years' probation. He completed the probation. In the second marijuana case, Nick sold $60 of marijuana to a confidential informant. He served about eight months in state prison before having been paroled. He successfully completed his parole.

At any rate, under the Career Offender Guidelines, his new range lept from 46 - 57 months in prison up to 188 - 235 months in prison, a different order of severity altogether. As a result, Nick received a 144-month sentence. (The judge relied on Nick's background, characteristics, and severity of his instant offense to downward depart.) 

A Couple of Years After Nick was Given a Greatly Enhanced Federal Sentence Because of His Two Prior Marijuana Convictions, Missouri Expunged Nick's Prior Marijuana Convictions

A couple of years later, because of a change in its marijuana laws, Missouri expunged more than 50,000 marijuana convictions. To that end, Nick's prior marijuana convictions were expunged—completely voided and vacated. E.g., see Case No. 16SG-CR00851-01. See Judgment and Order of Expungement and Order to Vacate the Sentence Marijuana-Related Offense(s). 

Now that Nick's two prior marijuana convictions have been expunged, he is no longer classified as a Career Offender under the U.S. Sentencing Guidelines, as to be a Career Offender, one must have at least two prior convictions for a serious drug offense.

Absent The Two Previous Marijuana Convictions, Nick's New Sentencing Range is 10 to 15 Years Lower 

Thus, under the Guidelines, Nick's new sentencing range would plunge from 188 months - 235 months in prison to 46 - 57 months in prison--still much lower than his ultimate 144-month sentence. With time served and projected good time, Nick would be due or about due for release. (Notably, Nick's mandatory minimum is 60 months in prison; thus, his presumptive sentence would have defaulted to 60 months in prison, about half of his current prison term.) 

Nick has a 4-year-old son he's trying to get home to. His long federal sentence is a direct product of the harsh Career Offender Guidelines, which were only triggered because of his two petty marijuana convictions. Those convictions have been vacated. Thus, basic procedural fairness, as well as justice, demands that Nick be resentenced.