Tracy Ingle: Another Drug War Outrage; from Reason Magazine (US), 5/7/08

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Jose Alvaro Gallo #48384-079

Conspiracy to possess and
distribute cocaine

I am serving 188 months for transporting $299,985 on January 12, 1989. Based upon a tip from a confidential informant, government agents were conducting surveillance on my co-conspirators when I received a cardboard box from one of them. I drove away carrying the box in the hatch portion of my vehicle. I was followed by the agents who directed Houston Police officers to stop me because my license plate was supposedly obscured with mud. I was arrested for driving with a suspended license as a consequence of two previous DUI's.

The box was seized and searched without a search warrant and found to contain about $299,985. My co-conspirators were also arrested, and police confiscated from their house $1,324,810 and 56 kilograms of cocaine. The three of us were charged with conspiracy to possess with the intent to distribute, aiding and abetting to possess with intent to distribute, and money laundering.

Based upon our counsel's advise, and our ignorance of the law, we proceeded with a bench trial without a written jury waiver. We were found guilty on all three counts. I was found to be a minor participant, having been observed just this one time during a three-month sting of my co-conspirators.

Due to the length of my sentence, I have lost my wife and jewelry business that we operated together. Not having sufficient funds to retain a lawyer, I began studying law in prison, and have filed several motions to argue unconstitutional jury waiver, illegal search and seizure, sentencing issues such as grouping offenses, and relevant conduct. So far, I have been unable to have my claims heard by the court due to the time limitation period mandated by the Anti-terrorism and Effective Death Penalty Act of 1996. This Act creates conflicts about the constitutionality of my case, as it bars the extraordinary arguments from being reviewed by the court.

I completed the Residential Substance Abuse Treatment Program which gives the Bureau of Prisons the discretion to reduce my sentence. Since I am a foreigner with a permanent residence status, I will be deported upon release and will not receive any sentence reduction granted to U.S. citizens, creating a clear discrimination and violation of my constitutional rights to due process and the equal protection. As a consequence of my deportation, I will be forced to abandon my daughter, a U.S. citizen, whose education will be affected if I attempt to interfere by taking her with me.

Updated - 12/1/00

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