#FREE
DAVIDLOPEZ
DAVID'S STORY
David Lopez, a 64-year-old from El Paso, Texas, is currently serving a lengthy 24-year sentence for a non-violent marijuana-related offense.
He was sentenced to 293 months in prison plus 10 years of supervised release and fined $50,000. This harsh punishment stemmed from his involvement in marijuana-related activities, including conspiracy to possess with intent to distribute over 1,000 kilograms of marijuana and possession with intent to distribute over 100 kilograms of marijuana.
This harsh sentence was primarily because the prosecutor referenced a state conviction from 20 years prior. This allowed the prosecutor to falsely claim that David had been charged with possession of 1,000 kilograms of marijuana. In reality, his conviction was only for 35 grams. Unfortunately, his attorney at the time did not challenge this erroneous admission, which significantly skewed the court's perception of David as a major drug dealer.
Fortunately, on February 15, 2023, the Western District Court of El Paso, Texas, ruled that the 1,000 kilograms was incorrectly stated and agreed that it should have been 35 grams. Consequently, his Presentence Report was amended to reflect the correct amount. However, David Lopez is still serving a 24-year sentence based on the initial incorrect statement. If it had been properly stated originally, he would likely have received a substantially lower prison sentence and should be home for time served.
David has received NINE letters of support from Bureau of Prisons Correctional staff. This attests to his upstanding character and suggests he would be an exemplary member of society if released. This level of support from BOP staff is unprecedented.
David’s wife, Terry Lopez, who has been married to him since October 15, 1980, and their three daughters, stand firmly by his side. Terry is ready to provide a heartfelt support letter for his clemency petition.
Moreover, David's daughter is a breast cancer survivor and is still undergoing tests for potential recurrence throughout the year, adding urgency to the need for his release.
David's story underscores the failure of the criminal justice system to adapt to the changing legal and societal views on marijuana. His case is particularly poignant given recent national developments. President Biden recently commuted the sentences of five individuals convicted of non-violent drug offenses and pardoned 11 others. However, no individuals still incarcerated for cannabis offenses were included in this clemency. This is a glaring omission that highlights the ongoing need for action.
David's continued incarceration not only lacks justification but also constitutes a significant misuse of public resources. Texas has made strides in reforming its approach to marijuana offenses, particularly those involving low-level possession. Thus, David’s case exemplifies the need for a more humane and rational approach to drug policy enforcement.
As a result, Last Prisoner Project is launching the #FreeDavidLopez advocacy campaign to urge President Biden to release David Lopez. We also need public pressure to aid us in this effort. So, we encourage you to use the information provided to write, call, and email state and federal offices, urging them to free David Lopez and correct this egregious injustice.
Read more about David Lopez's story in this coverage by
Vice News.
HOW TO HELP
You can make a difference in David Lopez's life by advocating for his clemency. Urge President Biden to grant him clemency using this letter, through email, or phone calls. Your voice can amplify our campaign by sharing #FreeDavidLopez on social media platforms.
SPREAD THE CALL TO
#FREEDAVIDLOPEZ
The more people who put pressure on the authorities to release David Lopez from incarceration, the more likely they are to use their power to grant David clemency. We encourage you to share information about David’s case with your networks and use your social media accounts to push for his release. Let's come together to urge President Biden to #FreeDavidLopez and correct this injustice.
