A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, DC 20530, except for petitions relating to military offenses. Petitions and other required forms may be obtained from the Pardon Attorney. Petition forms for commutation of sentence also may be obtained from the wardens of federal penal institutions. A petitioner applying for executive clemency with respect to military offenses should submit his or her petition directly to the Secretary of the military department that had original jurisdiction over the court-martial trial and conviction of the petitioner. In such a case, a form furnished by the Pardon Attorney may be used but should be modified to meet the needs of the particular case. Each petition for executive clemency should include the information required in the form prescribed by the Attorney General.
Notes of Decisions
In Re Grand Jury Subpoenas Dated March 9, 2001, 179 F. Supp. 2d 270 (S.D.N.Y. 2001).
· cites it 2× “No petition “should” be filed until after a waiting period of at least five years after the date of release from prison or, where no prison sentence was imposed, the date of conviction. Id. § 1.2. Upon receipt of a petition, the Attorney General is directed to cause an…”
United States v. Pollard, Jonathan J., 416 F.3d 48 (D.C. Cir. 2005).
“11 (2005), do not afford Pollard’s counsel a right to assist the President in making his clemency decision, let alone, as Pollard seems to seek, an opportunity to present an “effective petition” in response to the claimed unyielding opposition of Executive Branch officials to…”
In Re Edward Hanserd, Movant, 123 F.3d 922 (6th Cir. 1997).
“See 28 C.F.R. §§ 1.1 et seq. (guidelines and procedure for executive clemency); Herrera v.”
United States v. Walter L. Nixon, Jr., 881 F.2d 1305 (5th Cir. 1989).
“The procedure for obtaining a pardon is published in the Code of Federal Regulations, 28 CFR 1.1, et seq., and is available to any interested person.”
Matter of GLS, 586 F. Supp. 375 (D. Maryland 1984).
· cites it 2× “" 28 C.F.R. § 1.1 (1983). "No petition for pardon should be filed until the expiration of a waiting period of at least five years subsequent to the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period…”
United States v. Woods, 26 M.J. 372 (1988).
“See 28 CFR § 1.1 . Moreover, Congress might create a similar mechanism whereby the Secretary could be authorized by law to void a conviction in a case such as this.”
United States v. Mitchell, 683 F. Supp. 2d 427 (E.D. Va. 2010).
“It is worth noting that although there is no jurisdiction to expunge his conviction, defendant is not without a remedy; he may, if he chooses, seek a presidential pardon pursuant to 28 C.F.R. § 1.1 .”
In Re G.L.S., in the Matter of G.L.S., 745 F.2d 856 (4th Cir. 1984).
“The panel ruled that appellant could reapply for admission after he applied for and exhausted the pardon provisions contained at 28 C.F.R. 1.1, et seq. The full court, with one dissent, approved the recommendation and denied admission.”
United States v. Beacon Piece Dyeing & Finishing Co., Inc., 455 F.2d 216 (2d Cir. 1972).
“,” we will continue the stay for sixty days, with leave to apply to this panel for a further extension for cause shown, so as to permit the defendant to make application for executive clemency under article II, Section 2, of the Constitution and pertinent regulations, 28 C.F.R.…”
Mitchell v. Barr (D.D.C. 2020).
“See 28 C.F.R. § 1.1 et seq. First, he points to 28 C.”
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