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"Free David E. Kates"

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David E. Kates is currently serving a 30 year sentence at McDowell Federal Correctional Institution in Welch, Va., The offense involved David. Kates making a delivery of cocaine, less than 28 grams to an undercover officer on May 18, 1991 in the state of Texas.Two other cases in which David Kates was sentenced to probation prior to the instant charge were violated by the U.S Probation & Parole at his sentencing which enhanced him to career offender status resulting in a 30 year to life sentence.

The government and surely the court must consider carefully the need for the "sentence to reflect the seriousness of the offense,' to promote respect for the law, and" the need to avoid unwarranted sentence disparities among defendant's with similar records who have been found guilty of similar crimes.

David E. Kates has spent the last 18 years in prison as a first-time low-level offender who's criminal history points were double counted in his Pre- Sentence Report by the Probation Department. .Based on the facts in the record and the Fifth Circuits recent ruling, David Kates PSR (Pre Senetence Report) can be corrected whether it is a "mistake, error, or oversight" by the Probation Office in the Northern District of Texas

Since being incarcerated, David has fought for the rights of inmates on the administrative level as well as in the civil courts. David has and will continue to struggle for his rights as well as others in the prison system.

In urging this consideration, Mr. Kates does not intend to minimize the nature of the crime, but does object to the "career offender" provision utilized in his sentencing. The average sentence in the State of Texas for drug trafficking offenses in fiscal year 1997 was 173.3 months which was 82 percent higher than the national average of 84.4 months. But this lengthy sentenced called for by the career offender guidelines is hardly necessary to meet the Commission's true writing of the United States Sentencing Guidelines,

And David Kates is not the only one who is confronted with this life changing situation. That is why we are asking for your signature on this petition. help the family of David Kates to find justice in a system of injustice. Mr Kates has taken courses within the correctional institution to better his life. He also has the support of family, friends and business leaders in the community to assure a smooth and successful transition back into the community. But we need your help to make this transition happen. Won't you please give-a-signature to help begin this fight for mandatory minimum sentencing in the federal and state courts. Give-a-signature to release David E. Kates so that his life can begin anew. Thank you and read all of his legal struggles on line @ United States v. David E. Kates.

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