ST. LOUIS – President Joe Biden pardoned or commuted the sentences of nearly 80 imprisoned inmates on Tuesday. Five Missourians appear on the president’s clemency list.

The five Missouri residents and most others on this list were jailed on non-violent drug charges.

Today, I am pardoning three people who have demonstrated their commitment to rehabilitation and are striving every day to give back and contribute to their communities. I am also commuting the sentences of 75 people who are serving long sentences for non-violent drug offenses, many of whom have been serving on home confinement during the COVID-pandemic—and many of whom would have received a lower sentence if they were charged with the same offense today, thanks to the bipartisan First Step Act.  

President Biden

The president also announced an expansion to second-chance opportunities for those who were formerly incarcerated.

“Advancing successful reentry outcomes makes our communities safer, disrupts cycles of economic hardship, and strengthens our economy. Improving reentry is also key part of the comprehensive strategy,” the White House said.

April is Second Chance Month, a nationwide effort aimed at helping those formerly incarcerated re-enter society and be contributing citizens, including job training and investments promoting best practices for the hiring of these individuals.

“Leaders on both sides of the aisle recognize that second chance opportunities offer people who have made mistakes and served their time a path to make meaningful contributions to their communities and reduce recidivism,” the White House said.

Brandon Todd Berry – Sikeston, Missouri
Offense: Conspiracy to distribute 500 grams or more of a substance containing methamphetamine (Eastern District of Missouri).
Sentence: 240 months of imprisonment, 10-year term of supervised release (October 19, 2010).
Commutation Grant: Sentence to expire on August 24, 2022, leaving intact and in effect the 10-year term of supervised release.

David C. Frazier – St. Louis, Missouri
Offense: Conspiracy to distribute cocaine; possession with intent to distribute a mixture containing cocaine; maintaining a drug involved premises (Eastern District of Missouri).
Sentence: 144 months of imprisonment, five-year term of supervised release (May 21, 2014).
Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Paul A. Lupercio – Blue Springs, Missouri
Offense: Conspiracy to distribute 1,000 kilograms or more of marijuana and five kilograms or more of cocaine (Western District of Missouri).
Sentence: 240 months of imprisonment, 10-year term of supervised release (May 8, 2008).
Commutation Grant: Sentence to expire on August 24, 2022, leaving intact and in effect the 10-year term of supervised release.

Byron James Miller – St. Louis, Missouri
Offense:

  1. Conspiracy to possess with intent to distribute crack cocaine; possession with intent to distribute in excess of 500 grams of cocaine (Eastern District of Missouri).
  2. Possession with intent to distribute heroin; possession of heroin in a federal prison (District of Central Illinois).

Sentence:

  1. 292 months of imprisonment, 10-year term of supervised release (June 6, 1997); amended to 188 months of imprisonment, eight-year term of supervised release (December 17, 2019).
  2. 210 months of imprisonment, three-year term of supervised release (March 5, 1999).
    Prison sentences and terms of supervised release in each case to run consecutively.

Commutation Grant: Sentences commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the consecutive eight and three-year terms of supervised release.

David L. Zouck – Buffalo, Missouri
Offense: Conspiracy to distribute 500 grams or more of methamphetamine; distribution of five grams or more of actual methamphetamine (Western District of Missouri).
Sentence: 132 months of imprisonment, five-year term of supervised release (March 30, 2016).
Commutation Grant: Sentence commuted to expire on April 26, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.

Now entering his 16th month in office, President Biden has issued more grants of clemency than his five predecessors had at this point in their terms, according to clemency statistics kept by the Department of Justice. Since the George H.W. Bush administration, presidents typically wait until the final months of their terms in office to issue a sizeable bulk of commutations and pardons. Biden’s recent commutations do not yet appear on the DoJ website.

As of April 5, the Biden administration received 5,412 commutation requests and 311 pardon requests.