Luis Viera -- #33521-015
Life in Prison -- Cocaine ConspiracyI am presently serving a Life Sentence, a No-parole, No-Release, Life Sentence in the Federal Prison System. On September 10, 1987, 1 was arrested on the Interstate Highway "95" in the State of Delaware for possession of narcotics. I was released four days later on bail. I was out on bail for a year and a half. I was eventually arrested again while on that bail.
My attorney advised me to plead "Guilty". I pled guilty and was continued on the same bail again for 45 days while a Pre-Sentence Investigation (PSI) could be done by the Federal Probation Department.
My attorney, Mr. Joel Defabion of Miami, F1., told me that I would not receive more than a seven year sentence on the charge.
On March 21, 1989 I was sentenced to 15 years with 3 years Special Parole on that charge.
Two months after I was sentenced I was re-indicted on Federal "Conspiracy" charges. They used the same drugs seized in the first indictment as evidence in this new indictment.
When I claimed it was Double Jeopardy to do this, my motion was denied. And my direct appeal was "Affirmed" With No Opinion. What really bothers me is how these Appeals Courts can deny an appeal and not even have to explain why.
On May 22, 1989 I was tried for the Federal Conspiracy,, charged with 5 kilos or more of powder cocaine.
I was found guilty and sentenced to "Life" -- No-Parole. There was NO violence in this case, NO one was physically injured or harmed.
An irony in this case is that I was also sentenced to 5 years Supervised Release along with this NO release Life Sentence.
What is this judge trying to say to me? Is he going to keep my body five years after I die in prison, or wait five years for it to be buried?