.JIOORE CAPITO -ISTHICT. WEST VBOIMA COMMITTEES: FRANSPORTATION & INFRASTRUCTURE FINANCIAL SERVICES SMALL BUSINESS O ffiongress o f i \ \ t H n t t e i i S t a t e s ^ouse of ^tepreaentatroea Haafyingtan, B<j£ 20515-4802 i. it? 1431 LONGWORTH H . O . B . WASHINGTON, DC 20515-4802 202-225 2711 4815 MACCORKLE AVE. CHARLESTON, W.V. 25304 304-925-5964 300 FOXCROFT AVE. SUITE 102 MAHTINSBURG, W.V. 25401 304-264-8810 WWW.HOUSE.GOV/CAPITO February 18, 2004 Mr. Roger Adams Office of the Pardon Attorney U.S. Department of Justice 500 First Street, NW Suite 400 Washington, D.C. 20530 Dear Mr. Adams: My constituent Janet Elaine Uhl has given me her completed Petition for Pardon after Completion of Sentence. I have explained that this matter is within the jurisdiction of the Department of Justice, and that I would bring it to your attention for whatever action you feel is appropriate. I would appreciate it if you would provide me with whatever information you feel may help address my constituent's concerns. Please address your response to my district office in Charleston, West Virginia at 4815 MacCorkle Avenue SE; Charleston, WV 25304. You may also contact me by phone at (304) 925-5964 or by fax at (304) 926-8912. Sincerely, Shelley Moore Capit Member of Congress SMC: pt PRINTED ON RECYCLED PAPER
Transcript
.JIOORE CAPITO -ISTHICT. WEST VBOIMA
COMMITTEES:
FRANSPORTATION & INFRASTRUCTURE
FINANCIAL SERVICES
SMALL BUSINESS
O
ffiongress o f i \ \ t H n t t e i i S t a t e s
^ o u s e of ^ t e p r e a e n t a t r o e a
Haafyingtan, B<j£ 20515-4802
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1 4 3 1 LONGWORTH H.O.B .
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CHARLESTON, W . V . 2 5 3 0 4
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3 0 0 FOXCROFT AVE.
SUITE 1 0 2
MAHTINSBURG, W . V . 2 5 4 0 1
3 0 4 - 2 6 4 - 8 8 1 0
WWW.HOUSE.GOV/CAPITO
February 18, 2004
Mr. Roger Adams Office of the Pardon Attorney U.S. Department of Justice 500 First Street, NW Suite 400
Washington, D.C. 20530
Dear Mr. Adams:
My constituent Janet Elaine Uhl has given me her completed Petition for Pardon after Completion of Sentence.
I have explained that this matter is within the jurisdiction of the Department of Justice, and that I would bring it to your attention for whatever action you feel is appropriate.
I would appreciate it if you would provide me with whatever information you feel may help address my constituent's concerns. Please address your response to my district office in Charleston, West Virginia at 4815 MacCorkle Avenue SE; Charleston, WV 25304. You may also contact me by phone at (304) 925-5964 or by fax at (304) 926-8912.
As required by the Privacy Act of 1974,1 authorize United States Representative Shelley Moore Capito to obtain information from any federal government records regarding me in connection with mvpMihog pardon claim or problem.
' (Agency) •
Date 1 - 1 - 0 4
Name jS.fC& HQ IjJfl I Home Telephone (Print)
Work Telephone A j(A-
Date of Social Security Number
Address City ^~X3- C-in-Q.-5
State \AJV Zip 2. £>3 0 *1 County K&n/7Luh [ Claim Number (if applicable).
Please describe your problem and the current status of your claim.
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Please return form to: Congresswoman Shelley Moore Capito 4815 MacCorkle Ave., SE Charleston, West Virginia 25304 Phone (304) 925-5964 Fax (304) 926-8912
January 8,2004
Dear Shelley Moore Capito:
Thank you so much for taking the time and energy from your incredibly busy life to hear my story and present my request to the President of United States. I will attempt to keep this concise.
The short version of my story is as follows. After a productive, fulfilling 13-year career as a practicing pharmacist, I became addicted to hydrocodone in 1997 due to veiy poor coping skills in my personal life. My husband of 14-years was diagnosed bipolar. He became physically abusive because he refused to accept his condition and take his medication. My private hell of "pain killer" addiction began with a trip to die emergency room in 1997 for a broken rib and ended with a residential drug rehabilitation program in February 1999 and divorce. Now, after four years of being clean and sober, many hours of therapy, countless A.A. meetings and daily communications with God -1 can say with the utmost confidence that I am now a different person. I cannot imagine finding myself in that same situation again. Of course my story is mote complex and involved as is any life story. Out of ignorance, shame and a need for self- punishment as do most recovering addicts, I did not hire a criminal lawyer. Instead a fellow AA member, who is a lawyer, was kind enough to help me out at no cost I ended up with a felony and 5 years probation. Judge Charles Haden II granted my request for early termination of my supervised release in July 2003.
This brings me to die reason why I need this felony pardoned. I am a single mother of a 4-year-old daughter, Mary Michelle Uhl. As a mother, I want to be able to provide for her financially independently. Also, I would like to teach adult education in Kanawha County. I have discovered a passion for teaching. Specifically, there is a need for my experience in pharmacy at Garnett Career Center in Charleston.. I have just spoken to Sharon Adams. She and Jorea Marple, Garnett's principal, are very interested in what I can contribute to their school by helping to develop relevant programs to supply West Virginia businesses with excellent, highly trained employees. I want to be able to work side by side, professionally with these wonderful, dedicated educators. I do not want a felony record to prevent this opportunity from coming to fruition. I want to contribute to society and be a positive role model for my child; to show her that a person is not defined by how far she falls but by how high she soars by learning from her mistakes and stepping up to her challenges. I want to vote... to be a part of the process that made this country great I am asking for a second chance and I know I will make the most of that chance if given the opportunity. It is my hope and prayer that President Bush will give me that opportunity. I am so excited about the future! Thank you again fo^yeur time and energy!
Janet Elaine Uhl
•*I'r
- i s ,
K TJ
IN THE UNITED STATES DISTRICT C] FOR THE SOUTHERN DISTRICT OF WEST]
URT VERG
UNITED STATES OF AMERICA,
Plaintiff,
V .
JANET ELAINE UHL,
Defendant
7 . " V t f f l f U ; - "
Mtiwa Districttf WistWr^u '••>•
CRIMINAL ACTION NO. 2:99CR00123-401 * • F. •
f; " •"*' V* f _
•3F- • :Ey
ORDER GRANTING DEFENDANT'S REQUEST FOR EARLY TERMINATION OF SUPERVISED RELEASE
ir:
By letter received June 2S, 2002, defendant Janet Elaine Uhl, requested that she be i anted
early release from her five-year term of probation. The Court has considered Ms.tjhl S Jjackground, :
her performance while on probation, and the recommendation of the United States P^l^o^Offi^^^
It has also caused to be conducted a criminal record check which revealed no additional
activity. Accordingly, the Court is of the opinion that this is an appropriate case for early termination^
of probation. ...
— immediately
^ \ . B 6
* *
F , , » J R
iir Marshal Service, and the Probation Department of this Court.
Dated: July V <0 ,2003 •
'-•c •
-'effective
•'« 'C'i-'i '.ft-.
m m m
It is therefore ORDERED that the defendant be released from^prdtoatiott^e
The Clerk is directed to provide copies of this Order to counsel of record/ tcFdefendant 1Uhi
South Charleston, West Virginia 25309, to the United States^*-
U. S. Department of Justice
Pardon Attorney
Washington. D.C. 20330
' MAfl 1 8 m
The Honorable Shelley Moore Capita " Member, U.S. House of Representatives 4815 MacCorlde Avenue SE Charleston, West Virginia 25304
Dear Congresswoman Capita:
Thank you for sending me the petition for a pardon of your constituent, Janet E. Uhl. In accordance with §1.2 of the Rules Governing Petitions for Executive Clemency, a copy of which I have enclosed for your reference, there is a five-year waiting period that applies before a person is eligible to apply for a pardon. The five year period runs, in Ms. Uhl's case, from December 2, 1999, the date of her sentencing.
The five year period will not have been met by Ms. Uhl until December 2004. I am currently considering whether to waive the waiting period in Ms. Uhl's case and will be in contact with her directly in the near future. While I will certainly consider Ms. Uhl's situation carefully, she should keep in mind that waivers are rarely granted, and then for only the most compelling of reasons.
Sincerely,
Roger C. Adams Pardon Attorney
Enclosure
SHELLEY MOORE CAPITO 2ND DISTRICT, WEST VIRGINIA
COMMITTEES:
TRANSPORTATION & INFRASTRUCTURE
FINANCIAL SERVICES
SMALL BUSINESS
( f o t t o f t l j e Hu t t ed S t a t e s Jjfyamz of Stepreasntatiuea U l a s l i T n g t u n , ?0(E 2 0 5 1 5 - 4 8 0 2
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January 12, 2004
Mr. Daniel J. Bryant OSfce qf Legislative Affairs
S> Department of Justice /9$0Reonsylvania Avenue, NW 'Room 1145 Washington, DC 20530
Dear Mr. Bryant:
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I am writing on behalf of my constituent, Mr. John E. Casto, who has contacted me concerning his application for a Presidential Pardon.
It would be most helpful if you would check into this matter and provide me with information to help address my constituent's concerns. A copy of his Privacy Act Release Form is enclosed.
I appreciate your assistance and look forward to hearing from you soon.
Sincerely,
Shelley Moore/CSapi to Member of Congress
SMC:cgl
enclosure
PRINTED ON RFCYCL.FO PAPER
PRIVACY ACT RELEASE FORM
As required by the Privacy Act of 1974,1 authorize United States Representative Shelley Moore Capito to obtain information from any federal government records regarding me in connection with my Trestdeniih/ claim or problem.
(Agency)
Signature
Name £~< d.*c\S~ho
B6
Date ( M o * /
(Print)
Date of Birth S / z ( /Co 3
Address
Home Telephone
Work Telephone
Social Security Number
city Ripley
State Uj\S Zip o?5«27/County cJ<SorJ Claim Number (if applicable)_
Please describe your problem and the current status of your claim.
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Please return form to:
**Please feel free to write on back if necessary**
Congresswoman Shelley Moore Capito 4815 MacCorkle Ave., SE Charleston, West Virginia 25304 Phone (304) 925-5964 Fax (304) 926-8912
r j y
December 16, 2003
Honorable Shelley Moore Capito United States House of Representatives 1431 Longworth House Office Building Washington, DC 20515
Re: John E. Casto's Application for Pardon After Completion of Sentence
Dear Mrs. Capito,
A few months back I requested my friend and House of Delegate representative Mitch Carmichael to submit a copy of my petition for your review. The documents included a copy of my letter to President Bush, a copy of my petition for pardon and several credible affidavits for personal character references. I am grateful Delegate Carmichael took time to submit this to you and for his willingness to help me as my representative.
Just for your information I would like to familiarize you with some of my personal thoughts and convictions. . I have always worked in a professional position and paid taxes as a working citizen from the time of my arrest to this very day. I have undisputedly strived to make all my wrongs, rights and strived to live a lifestyle that is pleasing to our Lord. By the grace of God I was able to o v e r c o m ^ h ^ m m a t u r e ^ i r ^ i l l e ^ n d careless
56 lifestyle I once lived. I am a proud father Also, a very blessed man when it comes to my wonderful wife of ten years this December eighteenth. I am a person that has learned what love is and learned to be a person of forgiveness. I can only believe that our government should fairly consider fourteen years of positive influence and change in someone's life.
I would like to thank you for the remarkable job you did when you invited the President of the United States of America to the largest small town 4th of July celebration in the country, Ripley, WV. I was impressed with the kindred and down to earth spirit our president possesses. It was very exciting and a memory my family will always treasure. It meant so much to the people of Jackson County, WV.
I am not sure how you might help with this matter, but any consideration of reviewing the enclosed information would be appreciated.
Always Praying For Our Leadership,
lohn E. Casto
cc: mc
S 4 c t a g " ~ 7 • 6LLEY MOORE CAPITO 1 4 3 1 longworth H . o . B .
2ND DISTRICT, WEST VIRGINIA WASHINGTON, D C 2 0 5 1 5 4 8 0 2
2 0 2 - 2 2 5 2 7 1 1
C o n g r e s s o f t h e H n t i e f r s t a t e s COMMITTEES: <5? ' > 4 8 1 5 MACCORKLE A V E .
TRANSPORTATION & INFRASTRUCTURE + S I T CHARLESTON, W . V . 2 5 3 0 4
financial services # j o u s e o f 4K£p r e s e n i a t t i i E a 304-925-5964
Washington, B(J 20515-4B02 300 foxcroft ave. SUITE 1 0 2
MARTINSBURG, W . V . 2 5 4 0 1
3 0 4 - 2 6 4 - 8 8 1 0
WWW.HOUSE.GOV/CAPIRO 1
February 20, 2004
Mr. Roger Adams Pardon Attorney U.S. Department of Justice 500 1st St., NW Suite 400 Washington, D.C. 20530
Dear Mr. Adams:
I am forwarding the concerns of my constituent, John E. Casto, who has contacted me about obtaining a presidential pardon after completion of sentence. Enclosed you will find a copy of Mr. Casto's pardon petition that explains his situation.
Any information or assistance you can provide for my constituent on this matter would be deeply appreciated. The address for my District Office is 4815 MacCorkle Ave. SE, Charleston, WV 25304. You may also contact me by phone at (304) 925-5964 or by fax at (304) 926-8912.
The Honorable Shelley Moore Capito House of Representatives Washington, DC 20515-4802
Dear Congresswoman Capito:
This responds to your letter of January 12, 2004, to the Department of Justice inquiring about the status of the application for pardon filed by your constituent, Mr. John Edward Casto.
Mr. Casto's application for pardon is currently under consideration, and your letter and its enclosure have been made part of his clemency file. Mr. Casto is mistaken in his understanding that a decision in a clemency proceeding must be made within one year. In actuality, the executive clemency process frequently is lengthy, and we can give no assurance that final action will be taken by the President on any given application within a particular time frame. Accordingly, we are unable to advise you when Mr. Casto may expect a decision regarding his petition for pardon. Please be assured, however, that we will notify his attorney promptly when final action has been taken on his clemency request.
Thank you for your interest in this matter.
Sincerely,
Roger C. Adams Pardon Attorney
* ' < '
C' U. S. Department of Justice
Pardon Attorney
S~* «-i o f H /f~~
Washington, D.C. 20530
MAR 1 0 2004
The Honorable Shelley Moore Capito Member, U.S. House of Representatives 4815 MacCorkle Avenue, SE Charleston, West Virginia 25304
Dear Congresswoman Capito:
This responds to your letter of February 20, 2004, inquiring further about the status of the pardon application of your constituent, Mr. John Edward Casto, and forwarding a copy of Mr. Casto's pardon petition. Because my response of March 1, 2004, to your initial inquiry on this matter was directed to your Washington, DC office, I have enclosed a copy of that letter here for your convenient reference.
Mr. Casto's pardon application remains under consideration, and your February 20th
letter and its enclosures have been made part of his clemency file. As I noted in my earlier letter to you, we are unable to offer an estimate as to when Mr. Casto may expect a decision on his pardon request due to the nature of the process and the fact that decisions in clemency matters are made by the President. However, Mr. Casto may be assured that we will notify his attorney promptly when a decision is reached regarding his pardon petition. In the meantime, if Mr. Casto has questions concerning the clemency process, his attorney may contact my office at (202) 616-6070 and we will be happy to speak with counsel to answer them.
Thank you for your continuing interest in Mr. Casto's application.
Sincerely,
c.
Roger C. Adams Pardon Attorney
Enclosure
SHELLEY MOORE CAPITO 2 N D D I S T R I C T . W E S T V I R G I N I A
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C O M M I T T E E O N R U L E S
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May 9, 2006
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W A S H I N G T O N , D C 2 0 5 1 5 - 4 8 0 2
2 0 2 - 2 2 5 - 2 7 1 I
4 8 1 5 M A C C O R K L E A V E .
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W W W . H O U S E . G O V / C A P I T O
Mr. William E. Moschella Assistant Attorney for Office of Legislative Affairs Office of Legislative Affairs :
U.S. Department Of Justice : 950 Pennsylvania Avenue, Nw, Room 1145 Washington, D.C. 20530
Dear Mr. Moschella:
I am writing on behalf of my constituent, Mr. John Edward Casto, who has asked me for assistance. I understand that you may be unable to offer an estimate as to when Mr. Casto may expect a decision on his pardon request due to the nature of the process. However, I welcome any further reports of progress on the case so that 1 can respond to my constituent.
Any information or assistance you can provide on the matter would be deeply appreciated. Please mail all correspondence regarding this inquiry to my District office at 4815 MacCorkle Ave., SE, Charleston, WV 25304. You can also contact me by phone at (304) 925-5964 or by fax at (304) 926-8912.
The Honorable Shelley Moore Capito Member, U.S. House of Representatives 4815 MacCorkle Avenue, SE Charleston, West Virginia 25304
Dear Congresswoman Capito:
This is in response to your letter of May 9, 2006, concerning the pardon application of your constituent, John Edward Casto. His application remains under consideration at this time. As he may have informed your staff, he was interviewed by the FBI in connection with his pardon request. Although as I have written to you previously, I am unable to give a particular time when Mr Casto may expect a decision, I will notify his attorney promptly once a decision is made, and I will advise you as well by a letter to your Charleston office. I appreciate your continuing interest in Mr. Casto's case.
Sincerely,
Roger C. Adams Pardon Attorney
<r I
SHELLEY MOORE CAPITO
COMMIT ret s: TllANSPOflTAIlON & lNfHASTflUC-U;lt
fiNAdCuM Stnvicts SK'AIL BUSINESS
€mtgn>ss of tiit Wxxxttb States
ftiasbmntim, QC 211515-4802
1431 LONGwoam H.O.B WASHINGTON, DC 20515-4802
202 225-271 1
4815 MACCOR^LE AVE. CHARLESTON. W.V 25304
304-925-5964
300 I-OXCTOFI AVE. SUITE 102
MAflllNSEdHG, W.V 2540t 304-264 8810
WWW.H0IJSF.GOV/CAPITO
March 19, 2004
Mr. Roger Adams 500 l s tS t .NW Suite 400 Washington, D.C. 20530
Dear Mr. Adams:
It has been quite some time since I contacted you about Mr. Gary Borstein and his request for Executive Clemency. Since I have not yet received a reply, I wanted to take this opportunity to follow-up with you about the status of this matter.
I would appreciate any information you may be able to offer that will help me respond to my constituent. Please address your reply to my district office in Charleston at 4815 MacCorkle Ave., SE. You can also contact me by phone at (304) 925-5964 or by fax at (304) 926-8912.
The Honorable Shelley Moore Capita Member, U.S. House of Representatives 4815 MacCorkle Avenue, SE Charleston, West Virginia 25304
Dear Congresswoman Capita:
This is in response to your letter of March 19, 2004, concerning the status of the pardon application of Gary Borstein. Unfortunately, my office has no record of having received prior correspondence from your office concerning Mr. Borstein.
Mr. Borstein's application for pardon remains under consideration. The processing time for a pardon application can be lengthy, and we can give no assurance that final action will be taken by the President within a particular time frame. Accordingly, we are unable to advise you when you may expect a decision on Mr. Borstein's application. His attorney will be notified promptly, however, when a final decision is made.
1 appreciate your interest in this matter.
Sincerely,
Roger C. Adams Pardon Attorney
SHELLEY MOORE CAPITO 2wrj Dis'ftC . WfeS* V.BCK-.A
Mr. Roger Adams 500 lsl St., NW Suite 400 Washington, D.C. 20530
Dear Mr. Adams:
I recently received a letter from the attorney of my constituent Gary Borstein in which he inquires as to the progress of a background check he says was conducted to determine if Borstein is eligible for Executive Clemency. I have enclosed a copy of this letter.
1 would appreciate it if you would provide me with any information you feel may help me address my constituent's concerns. Please address your response to my district office in Charleston at 4815 MacCorkle Ave, SE; Charleston, West Virginia 25304. You may also contact me by phone at (304) 925-5964 or by fax at (304) 926-8912.
The Honorable Shelly Moore Capita 4815 MacCorkle Avenue Charleston, West Virginia 25304
Re: Executive Clemency Application Gap,' Borstein
Dear Shelly:
I have been corresponding with your office regarding my client, Gary Borstein, who successfully completed a sentence, and all required rehabilitation, in a federal correction facility for selling cocaine in 1985.
In 2000, under the rules of the United States Attorney, my client filed for Executive Clemency. Approximately one year ago, the United States Attorney's office contacted my client to let him know it had begun the background check to see if he was eligible for Executive Clemency. It has now been several months since the interview process was completed and my client has not heard anything.
In addition, I bring to your attention an issue that has arisen as a result of terrorist activity but is negatively affecting many individuals throughout West Virginia and the United States. Enclosed you will find an article from the Charleston Gazette Mail, dated Sunday, September 5, 2004 regarding the increased use of background checks. Although Mr. Borstein has repaid his debt to society, and is now fully integrated into his community, these background checks are effectively locking him out of job opportunities.
Should you, or your staff, need additional information, feel free to contact me at the address or telephone number above or contact Mr. Borstein at (304) 343-3547.
Thank you in advance for anything you can do to assist my client.
G. N folio lasjCasey, Jr. cc: Gary Borstein ^
GNC/bj
U. S. Department of Justice
Pardon Attorney
Washington. D.C. 20530
OCT 1 9 2004
The Honorable Shelley Moore Capito U.S. House of Representatives 4815 MacCorkle Avenue, SE Charleston, West Virginia 25304
Dear Congresswoman Capito:
This responds to your letter of September 22, 2004, forwarding correspondence from G. Nicholas Casey, Jr., Esq. inquiring about the status of the pardon application filed by his client and your constituent, Mr. Gary Borstein.
Mr. Borstein's pardon application remains under consideration, and your letter and its enclosure have been made part of his executive clemency file. As a matter of long-standing policy, we do not disclose where in the clemency process a particular application is at any given time. The executive clemency process frequently is lengthy, and we are unable to guarantee that the President will act upon any specific application within a particular time frame. While we thus arc unable to advise you when Mr. Borstein may expect a decision on his request for pardon, please be assured that we will contact Mr. Casey promptly when final action has been taken on Mr. Borstein's application.
