Danny Rodriguez’s first sentence, occurring in 1994 on the age of 20, was finally deemed unconstitutional, however not earlier than robbing him of 12 extra years in jail than it ought to have. Fairly than receiving a most ten years for the cost, he served 22. After over twenty years in jail, Rodriguez was launched and have become embroiled in a contraband distribution ring, sending objects like artificial hashish to prisoners throughout the nation.
In 2017, his actions landed him in federal jail, the place he obtained a 33 12 months sentence. Rodriguez instructed Excessive Instances in March that he didn’t assume he may get in bother for an over-the-counter artificial hashish. He claimed by no means to have imagined that he “Would obtain a 33-year sentence for one thing that the Bureau of Prisons provides prisoners 30 days confinement.”
Just like the 1994 case, they really feel the system has delivered him one other harsh sentence, noting that different ring members haven’t confronted the identical penalties.
Whereas combating for his freedom, the now-50-year-old Rodriguez is housed at USP Lee in Virginia with a launch date of Could 4, 2046. At USP Lee, a high-security jail, Rodriguez has seen his well being deteriorate because of the COVID-19 pandemic. All of the whereas, his household lives states away in Florida, combating their very own well being issues. The household, which incorporates father Fernando, mom Gloria and his spouse Yanina Cheij, hopes they will reunite earlier than anybody’s well being worsens.
Laborious To Say Goodbye
Rising up within the Miami space, Rodriguez had his run-ins with the regulation. By 1994, Danny Rodriguez’s felony file prevented him from possessing a firearm. That 12 months, he’d be arrested and charged on four counts, together with two counts of being a felon in possession of a firearm. Initially charged by the state, federal authorities picked up the case three years later.
In the end, he’d be discovered responsible of the 2 felon in possession of a firearm prices. Deputy clerks cited the armed career criminal act as grounds to boost the sentence from 10 years to 22. His authorized group contested that his three years within the state system ought to depend for time served, however that didn’t occur.
Years of court docket petitions in search of the acquittal or reset of the sentence ensued. In 2016, Rodriguez’s authorized group would win out. Citing the 2015 Johnson v. United States resolution, which, partly, contested the vaugeness of felony statutes, Rodriguez’s 272 month sentence was amended to 120 months with the three years of state time served counting. In 2016, Rodriguez was launched after over-serving the sentence by 12 years.
Submit-release he opened a cleansing service within the Miami space. Nonetheless, Rodriguez stated he felt indebted to his fellow inmates, who he’d fashioned a neighborhood with over twenty years in jail. That feeling led him to working in a contraband distribution ring, throughout his supervised launch, sending artificial hashish and different objects to inmates. Rodriguez claims he by no means made cash from the endeavor.
Likening fellow inmates to battle buddies, Rodriguez stated, “It’s very troublesome to serve 20 years in jail, create a bond … after which simply go residence and say that a part of my life by no means existed.”
The group deliberate to make use of sheets of paper soaked in artificial THC, however authorities thwarted the operation earlier than reaching any prisoners. Greater-ups within the group had been alleged to have supplied proof to the Feds in trade for a lesser sentence. Rodriguez and his legal professionals thought they might combat the case, believing artificial hashish didn’t fall below The Federal Analogue Act. However, as a substitute of combating the case, Rodriguez claims his authorized group compelled him into pleading responsible with the idea he’d come residence somewhat than go to jail. In the end, he was sentenced to 33 years in federal jail for artificial hashish and cash laundering.
A Household Fights For Freedom Once more
Rodriguez’s household and advocates have rallied round him, calling for his launch as soon as once more.
Efforts included a letter to then-President Trump written by Rodriguez’s mother. Within the letter, she implored Trump to think about the disparity of the sentence, with Rodriguez receiving a number of a long time whereas co-conspirators obtained probation.
“For God’s sake, pedophiles, criminal-illegals, rapists, murderers, even terrorists are given far lesser sentences for actually egregious crimes,” she wrote.
Efforts attracted the eye of jail rights advocate and former non-violent hashish prisoner Weldon Angelos. Since gaining his launch in Could 2016 for non-violent hashish prices, Angelos has fought for people like Rodriguez. The eagerness of Danny’s advocates and household resonated with Angelos, who began seeing social media posts in regards to the case in 2021.
“I began wanting into this, like ‘What’s this 33-year sentence for pretend weed,’” Angelos recalled.
His group, The Weldon Project, took up Rodriguez’s case as a part of its Mission Green initiative, geared toward releasing prisoners and creating pathways for file expungements and pardons. He agrees {that a} sentencing disparity has occurred.
“Even when the co-defendants cooperated, the sentence disparity can’t be that enormous, particularly when contemplating they had been larger gamers,” stated Angelos.
Because the combat for Rodriguez’s freedom rages on as soon as once more, the household should take care of their varied well being points. The pandemic took a toll on Danny, with him moved twice in March 2021 to an out of doors medical facility for remedy. On the similar time, Gloria’s well being has put her out and in of emergency care in current months. Fernando advocates for his son’s launch whereas tending to his spouse’s bedside.
Whereas incarcerated, Angelos had his father move away. He likened the expertise to the Rodriguez household, citing concern for Fernando’s tenacious dedication.
“I speak to his dad continuously, and he does nothing however work on his son’s case,” reported Angelos. Rodriguez hopes to be moved to a lower-security jail nearer to Florida within the coming months.
Angelos stated the household and his group are placing forth a bundle for President Biden to advocate for Rodriguez’s case and others like him. Within the meantime, the general public can take motion by signing up for Rodriguez’s Change.org petition calling for his early launch.
Angelos implores lawmakers and others to look past the case. “Nobody’s claiming Danny is a sweet striper,” he stated, including, “We’re saying the sentence is so out of whack,” contemplating his present and previous authorized circumstances.
Awaiting any new developments in his case, Rodriguez finds himself with many ideas, starting from his household’s well being to the concept of equal justice. One prevailing perception is that equal justice for all is a misplaced very best.
“Equal justice evades our justice system,” stated Rodriguez.