Editorial: One bullet, 15 years
The nation's conscience should be shocked by this outrageously harsh sentence.
By Des Moines Register Editorial Board
01/21/2002
--------------------------------------------------------------------------------
What sort of country would put a man in a federal prison for 15 years for possessing a single .22-caliber bullet? Ours would. And it did, in one of the most bizarre applications of federal sentencing guidelines that substitute a formula for common sense.
--------------------------------------------------------------------------------
What sort of country would put a man in a federal prison for 15 years for possessing a single .22-caliber bullet? Ours would. And it did, in one of the most bizarre applications of federal sentencing guidelines that substitute a formula for common sense.
Dane Allen Yirkovsky, 38, of Lisbon is no candidate for sainthood. He
served time for burglaries, and authorities believed he was involved in other
crimes. Yet, the only offense for which he is now imprisoned was possessing a
single bullet. Because of that, he will be a guest of the American taxpayers for
up to 15 years.
Yirkovsky's saga began when he happened to come across a loaded .22-caliber
round while pulling up carpets in the home of a friend who was putting him up in
exchange for some remodeling work. He stuck the bullet in a box in his room. The
bullet was discovered by police who were searching Yirkovksy's room after his
ex-girlfriend asserted he had some of her belongings.
While Yirkovsky possessed no weapon - just the single bullet - prosecutors
in the U.S. District Attorney's office in Cedar Rapids hoped to squeeze
information out of Yirkovsky about other crimes. He was charged with being a
felon in possession of ammunition. Even though Yirkovsky pleaded guilty and
cooperated, the feds refused to reduce the severity of the charge.
Thus, Yirkovsky appeared before U.S. District Judge Michael Melloy, who had
no alternative but to impose the sentence prescribed by the sentencing
guidelines. Yirkovsky was classified an "armed career criminal" because of the
prior convictions - despite the fact that he never used a weapon in any of those
burglaries - and the formula spit out his sentence: 180 months. Because the
federal system has no opportunity for parole, Yirkovsky will serve at least 85
percent of that time, perhaps all of it, depending on his behavior.
The 8th Circuit U.S. Court of Appeals conceded that Yirkovsky's sentence
was "extreme," but it nonetheless rejected his appeal, saying, "[O]ur hands are
tied in this matter by the mandatory minimum sentence which Congress
established." Three other 8th Circuit judges later said the full court should
have reconsidered that decision. "I suggest that on its face the sentence is
grossly disproportionate," Circuit Judge Morris Sheppard Arnold wrote on behalf
of the three dissenting judges.
Arnold went on to say that the severity of sentences under the sentencing
guidelines "is, or ought to be, a matter of great public concern to every
citizen. The number of people incarcerated in this country is unparalleled and
growing exponentially, and the costs of criminal penalties in terms of
dislocated lives and public treasure is probably incalculable."
This is but one example of the abuses that occur under the federal
guidelines. Because prosecutors have the power to threaten suspects with
sentences that can stretch for decades, defendants are forced to plead guilty in
hope of getting a better deal. Yet, because prosecutors hold all the cards, as
Yirkovsky discovered, many offenders will spend the better part of their
productive lives behind bars.
While Yirkovsky's radically disproportionate sentence defies rational
explanation, it is the product of a system that Congress appears unwilling to
change and the federal judiciary pretends is beyond its control.
This case should shock the conscience of every judge sworn to uphold the
Constitution. That they did not strike down the law that made it possible is an
abdication of their duty.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DiVERSiONZ
News, View, Issues & Amusements
(98% Fat
Free)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Group
Info
To
Join the Mailing List/Recommend a Friend to
Subscribe
Web Presence
Some Recent Highlights and A Recommended
Link or Two...
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.314 / Virus Database: 175 - Release Date: 1/11/2002
