If [Harrington] can become concerned about others, and if he can continue his current intense commitment to the treatment throughout his incarceration, and possible parole, the long term prognosis is quite favorable. Most men who do accept this way of life do succeed.
Harrington I, 741 F. Supp. at 973.
Following the April 1992 examination, Chambers testified that Harrington "has done extraordinarily well these past two years," and concluded that defendant has accepted responsibility for the conduct for which he was tried and convicted. Chambers Test. at 29; see also Transcript of Sentencing Proceedings, May 15, 1992, Testimony of Donald A. Streater ("Streater Test.") at 2. He also stated that Harrington "has the gift of being able to help others to become involved." Chambers Test. at 26. Chambers quoted Jordan as stating, "If I left this building today, Mr. Harrington could run my [Unfoldment] program." Id.
Thus, testimony has established that Harrington's response to his drug treatment opportunity before trial and in prison after trial was subjectively "extraordinary" according to the ordinary meaning of that term.
His efforts have been remarkable both in their continuity and their results. He has shown unusual initiative in his rehabilitation efforts, early seeking out the Unfoldment Program. Furthermore, Harrington twice voluntarily has re-enrolled in the program, and he consistently has performed among the top participants even in the demanding Unfoldment Program. Most extraordinarily, he has chosen to dedicate himself to lending his own experience to assisting others in overcoming their debilitating drug addiction.
Any contrary evidence in the record indicating that Harrington initially may not have fully recognized the magnitude of his problem is a common feature among individuals in confronting their addiction
and does not detract from Harrington's unusual achievement. Nor is this the situation of a defendant who "puts the government to its burden of proof at trial by denying the essential factual elements of guilt, is convicted, and only then admits guilt and expresses remorse." Harrington II, 947 F.2d at 963 n.10.
As the Court of Appeals acknowledged, Harrington "engaged pretrial in notable rehabilitative efforts, which continued throughout the year between conviction and sentencing" and to which he remains committed to the present day. Id. at 963.
Moreover, since the defendant was originally sentenced, data developed by the General Accounting Office
demonstrates statistically how truly extraordinary defendant's efforts have been. According to the GAO Report, out of 62,000 federal prison inmates in 1991, 41,000 had some kind of substance abuse problem at the time of admission; 27,000 of these problems were characterized as moderate to severe. In 1990, Congress directed the Bureau of Prisons to intensify its drug treatment programs. Yet, in 1991, the GAO reported,
Most inmates with histories of significant substance abuse are not in treatment despite [the Bureau of Prisons'] initiatives to provide them with an intensive treatment program. Only 364 of the estimated 27,000 inmates with moderate to severe substance abuse problems are receiving treatment within these programs. The intensive residential programs specifically designed for these inmates are substantially underenrolled, having space for more than double the number of inmates currently enrolled.
GAO Report at 5 (emphasis added). Thus, according to the GAO's own findings, simply by receiving treatment, Harrington ranks among the one-hundredth of one percentile of the 27,000 inmates with moderate to severe substance abuse problems.
The GAO findings confirm that defendant's effort has been objectively extraordinary, when viewed in the context of the nationwide experience of substance abusers in federal prison. His rehabilitation also is "unusual," U.S.S.G. § 5K2.0, or "atypical," U.S.S.G., Ch. 1, Pt. A, 4(b), in the language accepted by the Sentencing Commission.
By any subjective or objective measure, then, Harrington's extraordinary acceptance of responsibility through rehabilitation "is present to a degree substantially in excess of that which ordinarily is [present]." § 5K2.0.
In the language of the First Circuit in Sklar, as relied upon by the D.C. Circuit: Harrington's "is the occasional instance, where time and circumstances permit and the accused takes full advantage of both, that will produce rehabilitation so dramatic as to cross the boundary." 920 F.2d at 117. It justifies full departure under § 5K2.0.
In view of the foregoing it is expressly found that the defendant's efforts to free himself of his addiction and to assume leadership role in respect to drug treatment were atypical and extraordinary to a degree not contemplated by the Commission in adopting § 3E1.1. He will be sentenced accordingly: to the substantial statutory minimum of 5 years followed by four years supervised release, with a request to the government that it continue Harrington's access to the in prison drug rehabilitation program.
Date: December 18, 1992
Louis F. Oberdorfer
UNITED STATES DISTRICT JUDGE
SENTENCING ORDER - December 18, 1992, Filed
For the reasons stated in the accompanying Memorandum, it is this 18th day of December, 1992, hereby
ORDERED: that the sentence entered on June 27, 1990 should be, and is hereby, VACATED; and it is further
ORDERED: that defendant is sentenced to five years imprisonment on Counts One, Two, and Three, to be served concurrently, with credit for time served; and it is further
ORDERED: that defendant shall serve four years supervised release; and it is further
ORDERED: that defendant shall pay a special assessment of $ 50 on each of Counts One, Two, and Three, for a total of $ 150.00.
Louis F. Oberdorfer
UNITED STATES DISTRICT JUDGE