Levi Avila

Free Levi Avila

First-Time Offender Levi Avila Was 18 When He Committed his Crime. He’s Been in Federal Prison for 25 Years. Nobody was Hurt During his Crimes. He was Sentenced Under an Outdated Draconian (924c stacking) Law that Congress has Since Discarded. He Has Maintained a Spotless Disciplinary Record and Has Engaged in Extensive Post-Conviction Rehabilitative Efforts. His 40-Year Federal Sentence is Significantly Longer Than the National Average Sentence for Murder and Other Heinous Crimes. Other Judges Around the Nation Are Granting Compassionate Release in Cases Where the Defendant Actually Murdered a Victim, Because the Federal Sentence is Excessive and Disparate, So It’s Punitive and Pointless to Leave Him in Federal Prison for Another 15 Years.

Under an old law (colloquially referred to as the 924(c) stacking law) that has since been changed because Congress essentially found that it was draconian and unjust, Levi Serna was sentenced to 40 years in federal prison. There is no parole in the federal system.

Levi Serna is a first-time offender who has been in federal prison for nearly 25 years, since he was 18 years old. He still has another 15 years to go on his 40-year sentence. The problem is the change in the law is not retroactive; that is, it only applies to people sentenced after Congress recognized that the draconian law was broken and outdated.

Thus, there is a significant unwarranted sentence disparity between defendants who committed similar crimes simply because of when they committed them. That is, equal punishment has flown out the window because of a technicality. Notably, when Levi committed his crimes, he was very young, just 18 years old. He’s now approaching his mid-forties. He had no criminal history. Over the last 25 years, he has invested in self-improvement, taking full advantage of the programs and classes the federal prison system offers—completing nearly 50 different programs. Levi has also maintained a spotless disciplinary record.

Simply put, the 43-year-old man today is not the same 18-year-old boy who committed the crime.

Levi’s 40-Year Sentence is Excessive

Former Carolina Panthers wide receiver Rae Carruth was released from prison after serving just 19 years for conspiring to kill Cherica Adams, his girlfriend, who was eight months pregnant with their child.

He was initially sentenced to between 18 and 24 years in prison for his involvement in the murder.

Adams died a month after being shot four times in a drive-by shooting Carruth orchestrated in 1999. Their child survived after an emergency cesarean section but was born with permanent brain damage and cerebral palsy because of the shooting.

The point is, it is commonplace for murderers in our country to serve fewer than 20 years in prison. The national average sentence for murder is about 22 years in prison, and most prisoners are eligible for parole after serving only half of the sentence. But Levi didn't murder anyone, nor was anyone harmed during his crimes.

Levi is Sentenced to 40 Years in Federal Prison for Using a Firearm in Furtherance of a Robbery

When Levi was 18, he made the biggest mistake of his young life. During the robbery of a video store, Levi shot toward a police officer as the officer was trying to apprehend him. The officer wasn’t injured, nor was anyone else hurt.

Levi was convicted of using a firearm during the robbery. Under the 924(c) law, he received a mandatory minimum 40-year federal sentence.

Nobody is trying to minimize Levi’s crimes. Rather, his 40-year federal prison sentence, in a system that does not offer parole, relative to the prison sentences for heinous crimes such as murder, is a metric by which the excessiveness of his sentence can be measured.

Other Courts Are Granting Compassionate Release Motions Because of the Excessiveness of the Sentence

In fact, in a recent 2023 case, the defendant was convicted in federal court of actual murder in furtherance of racketeering: https://casetext.com/case/united-states-v-harrison-344

The defendant in Harrison argued that extraordinary and compelling circumstances warrant his compassionate release. He asserted that his sentence is disparate and “draconian.” ECF 85 at 20. He also argued that his rehabilitative efforts and age at the time of the offense warrant early release. Id. at 1.

The court held that the “severity of a defendant’s sentence may qualify as an extraordinary and compelling reason for compassionate release.”

This is how the judge in Harrison’s recent case explained it:

Nevertheless, Harrison’s sentence is arguably disparate when compared to at least some defendants sentenced more recently for similar conduct. In United States v. Bryant, CCB-95-202, 2020 WL 2085471 (D. Md. Apr. 30, 2020), Judge Blake observed, id. at *5 n.8: “According to statistics released by the United States Sentencing Commission for fiscal year 2018, the national average sentence for murder was 291 months, and the Fourth Circuit average was 327 months.” (citing United States v. Redd, 444 F.Supp.3d 717, 728 (E.D. Va. 2020), in turn citing United States Sentencing Commission, Statistical Information Packet, Fiscal Year 2018, Fourth Circuit, available at https://www.ussc.gov/sites/default/files/pdf/research-and-publications/federal-sentencing-statistics/state-district-circuit/2018/4c18.pdf), aff’d, McCoy, 981 F.3d 271. For example, in United States v. Floyd, CCB-16-597, after a 25-day trial, Floyd was convicted of a racketeering conspiracy that included murders and drug trafficking. Although his offense level and criminal history category called for a life sentence, Judge Blake imposed a total sentence of 360 months of imprisonment. Id., ECF 691.

The judge continued:

The case of United States v. Antoine, PWG-19-140, is also illustrative. There, the defendant was involved in a drug trafficking organization in Baltimore and confessed to the intentional shooting and killing of an individual in connection with the drug conspiracy. See id., ECF 349 at 9-10. Antoine entered a plea of guilty to one count of conspiracy to distribute controlled substances and one count of discharging a firearm resulting in death during and in relation to a drug trafficking crime. Id. Antoine was the shooter. But, pursuant to Fed. R. Crim. P. 11(c)(1)(C), the government agreed to a term of imprisonment ranging between 20 and 25 years. Id. at 6. And, Antoine was ultimately sentenced to 22.5 years of imprisonment. See id., ECF 465.

In short, the judge in Harrison held that even though Harrison was convicted of murder in furtherance of racketeering, his 35-year federal sentence was excessive, and in concluding the 35-year federal sentence was excessive, the judge pointed to the average sentence in murder cases, as well as relied on two cases in particular.

In reducing Harrison’s sentence to 366 months (immediate release), the judge also relied on the young age of Harrison at the time he committed his crimes, as well as his age now, as well as Harrison’s post-conviction rehabilitative efforts while in prison.

Here, unlike Harrison, Levi was not convicted of murder—as already mentioned, nobody was harmed during his crime.

Levi has spent 25 long years in a cell, much longer than most murderers serve. But 40 years without parole is excessive, especially relative to crimes such as murder. With that, Levi’s 40-year federal sentence is significantly longer than the national average sentence for murder.

Levi is a Prime Candidate for Compassionate Release or Clemency

What’s more, Levi’s crimes occurred when he was very young, 18 years old. He has no criminal history. He has exhibited exemplary behavior in prison, including extensive post-conviction rehabilitation efforts, all of which strongly militate in favor of his release.

Lastly, Levi has a very supportive family waiting to love him and help him reintegrate into society.