ND federal judge raises problem with presidential actions

BISMARCK, N.D. (KFYR) – President Joe Biden commuted or reduced the prison sentences of nearly 1,500 people last week. Included are several people from North Dakota, sparking concern from a federal judge.

U.S. District Court Judge Daniel Hovland wrote a letter to the clemency attorney’s office Wednesday saying he, nor anyone involved in the cases, had been notified.

In it, Hovland said he reviewed several cases and disagreed with the president’s decision. Among those affected are Hunter Hanson, sentenced in 2019 to more than eight years for defrauding farmers, and David McMaster, sentenced in 2013 to more than 15 years for defrauding BNC National Bank in Bismarck.

“None of the defendants have ever presented evidence to support a commutation of their federal sentence. These cases were very sophisticated and blatant scams that were devastating to honest, hardworking North Dakota victims. Hovland wrote.

Hovland also discussed several drug trafficking cases, saying he felt they should not have been commuted.

“Neither these two cases, nor any of the drug trafficking cases I reviewed, involved low-level, non-violent drug offenders who had completed their sentences in the Bureau of Prisons and were on supervised release or had been placed in a halfway house. or a residential rehabilitation center and now needed a second chance. I have not reviewed any North Dakota cases involving defendants I had previously convicted who met these criteria and who received a pardon. » Hovland wrote.

A White House memo says President Biden commuted individuals serving their sentences at home due to COVID-19 restrictions. He says these people have managed to reintegrate into their families and communities.

“The nearly 1,500 people who received sentence commutations … have been serving their sentences at home for at least a year under the COVID-era CARES Act. These Americans reunited with their families and showed their commitment to rehabilitation by obtaining jobs and continuing their education. the memo said.

Hovland said it was a decision that was not discussed with anyone involved.

“None of the federal prosecutors, the victims, or myself as the sentencing judge were ever contacted in advance about these commutations, not even a phone call. I am sure victims would be shocked and dismayed to learn of the commutations, as would prosecutors. Failure to seek the opinions of those directly involved in the criminal matter in question is, at best, alarming and troubling,” Hovland said.

Hovland said he wants an explanation of how these cases are reviewed at the federal level, why they commuted the sentences and why no one has contacted anyone directly connected to the case.

The White House said the president took action on behalf of these people because they deserved a second chance.