Hamedah Hasan#13847-047
Federal Sentence: 27 years
Offense: Conspiracy to distribute powder and crack cocaine, interstate travel in aid of racketeering, use of a telephone to commit a felony
Court: District of Nebraska
Priors: None
Date of Sentencing: 10/20/93
Date of Birth: 11/15/67
Projected Release Date: 11/18/2016
Nature of Offense: Omaha police first arrested Hamedah’s cousin and two others with small amounts of cocaine base at a hotel in 1988. Her cousin was arrested again at the airport in Omaha, Nebraska in 1989, when police suspected he was transporting cocaine. A search of his luggage produced a digital scale with cocaine residue as well as a 0.25 caliber gun. Hamedah was at airport to pick up her cousin, and was arrested for having no driver’s license, a charge that was later dismissed. In 1991, a courier for Hamedah's cousin was arrested in possession of close to a pound of powder cocaine at the Omaha airport. He immediately began cooperating with police and gave them information about several members of the conspiracy. The courier identified Hamedah's cousin as the leader of the conspiracy and also implicated Hamedah, who was indicted with her cousin and several others.
The government’s evidence against Hamedah consisted of $72,000 worth of Western Union transfers and the testimony of her codefendants who made deals with the prosecution. Although she had no job at the time and was receiving public assistance, Hamedah claimed she was transferring the money at the request of her cousin. No drugs were ever found on Hamedah, nor was she ever observed doing anything illegal. At trial, three codefendants testified against Hamedah, saying they worked for both Hamedah and her cousin. Based on their testimony, Hamedah was identified as a “manager” of the conspiracy by the judge and held responsible for 5.9 kilos of cocaine base, which was enough to automatically sentence her to life in prison under the old federal sentencing guidelines.
Judge’s Statement: At sentencing Judge Kopf stated, “For whatever value it may have, it is my strongly felt opinion that neither Hamedah or her cousin ought to spend the rest of their days in prison. However, I have not yet found a principled basis for imposing a lesser sentence under the Guidelines. Although the Guidelines are not as inflexible as some think, they are not elastic either. Since my disagreement with these sentences is with many of the normative values underlying them, I am justified only in voicing that disagreement.”
Specifically about Hamedah, Judge Kopf stated, “Had I the discretion, I would have imposed a sentence of between 10 and 15 years.”
Sentences of Others Involved: Hamedah's cousin, the leader/organizer of the conspiracy, was sentenced to life in prison. Another codefendant received a reduced sentence of 10 years in prison on another charge. Two additional codefendants were not prosecuted in exchange for their testimony.
Guideline Sentence: Under the old guidelines, Hamedah’s base offense level was 40, based on the 5.9 kilos of cocaine-base attributed to her by Judge Kopf. Hamedah received a 3-level enhancement for her role as a “manager.” A total offense level of 43 under the old guidelines meant a mandatory sentence of life in prison.
On March 10, 1999, Judge Kopf granted a motion by Hamedah Hasan to be re-sentenced under the new federal guidelines. Under the new guidelines, Hamedah’s total offense level was 41, producing an imprisonment range of 324-405 months. Judge Kopf then departed downward to 144 months, due to Hamedah’s “extraordinary rehabilitation.” The government appealed the departure and a panel of the United States Court of Appeals, Eighth Circuit, affirmed the new sentence. However, the government appealed again and when the whole Eighth Circuit heard the case, the majority overturned the departure and re-sentenced Hamedah to 324 months, or 27 years.
Personal Background: To escape the harassment and abuse of her children’s father, Hamedah lived in two shelters for battered women for a period of time before getting her own apartment through public assistance. She was enrolled in the Steps to Success welfare to work program and doing well when she was arrested. Hamedah had two young children when convicted and gave birth to a third child while in prison. Prior to her arrest, Hamedah had no criminal history. Hamedah’s mother, who takes care of her children, lives in Portland, Oregon.
Hamedah has gone through several steps to rehabilitate herself, which is why Judge Kopf departed downward for “extraordinary rehabilitation.” The religious services supervisor at FCI Dublin wrote to Judge Kopf saying that Hamedah had become “a fine model among her peers,” volunteering her time to organize the Islamic literature for the entire prison, while also participating in Arabic classes and Islamic study groups. Hamedah's counselor at FCI Dublin, also wrote to Judge Kopf noting Hamedah’s “exceptional efforts towards self-improvement” and saying “she continues to keep herself actively involved in several educational, spiritual and self-improvement courses.”
Hamedah has taken several classes on subjects including drug education, parenting from a distance, conflict resolution, computer applications and accounting. Hamedah works in FCI Dublin as a payroll clerk and is responsible for the time records for the entire inmate workforce. According to her counselor, “Upon her release from incarceration [Hamedah] will be a productive member of society.”
Compiled from PSR, inmate information, and Westlaw Headnotes
6/9/03 SH