David Lopez: Fighting for Freedom and Family Against Injustice
Fight for Freedom
David Lopez, a 64-year-old from El Paso, Texas, finds himself entangled in the complexities of the legal system. On June 2, 2017, he was handed a severe sentence of 293 months (over 24 years) in prison, 10 years of supervised release, and a $50,000 fine. His charges included conspiracy to distribute and possess with intent to distribute marijuana, and possession with intent to distribute marijuana. David is currently incarcerated at FCI La Tuna, a federal correctional institution in Anthony, NM, with his expected release date set for March 19, 2036.
An Unfair Trial
David's sentence was influenced by a grave error that misrepresented his past. The prosecutor referenced a state conviction from 20 years prior, falsely claiming David had been charged with possession of 1,000 kilograms of marijuana. In truth, the conviction was only for 35 grams. Unfortunately, David's attorney did not contest this incorrect information, leading to an unjustly harsh sentence as the court perceived him to be a major drug dealer.
In February 2023, the Western District Court of El Paso, Texas, recognized this mistake, ruling that the amount should have been stated as 35 grams. However, despite this correction, David remains imprisoned under the original 24-year sentence. Had the accurate information been presented initially, his sentence would likely have been much shorter, potentially around five years.
A Life of Resilience
David's time in prison has not diminished his spirit. He has shown remarkable resilience and dedication to self-improvement, earning nine letters of support from Bureau of Prisons Correctional staff, who vouch for his character and potential as a contributing member of society if released. This unprecedented level of support underscores David's positive influence even while incarcerated.
David’s wife, Terry, and their three daughters have stood by him throughout this ordeal. Married since October 15, 1980, Terry is ready to write a heartfelt letter for his clemency petition. Their daughter, a breast cancer survivor, still undergoes regular medical tests, adding urgency to the call for David’s release.
The Role of the Last Prisoner Project
David's situation highlights the urgent need for criminal justice reform, especially regarding marijuana-related offenses. His case gains particular relevance in light of recent national developments. While President Biden has commuted the sentences of individuals convicted of non-violent drug offenses and pardoned thousands of others for simple cannabis possession, there is still more work to be done. Case in point: no individuals still incarcerated for cannabis offenses were included, highlighting the need for continued advocacy.
David's prolonged imprisonment not only lacks justification but also represents a significant misuse of public resources. Texas is still a state that disproportionately enforces the War on Drugs, and also the state with the most LPP constituents sentenced. Thus, David’s case exemplifies the necessity for a more humane and rational approach to drug policy enforcement.
Join the Movement
In response, Last Prisoner Project is launching the #FreeDavidLopez campaign to urge President Biden to release David Lopez. Public support is crucial to amplify this effort. We encourage everyone to write, call, and email state and federal offices, advocating for David Lopez's release to rectify this grave injustice. Achieving justice for individuals like David Lopez requires collective effort. You can write to President Biden to urge him to free David Lopez.
