United States v. Vernice Garrett, United States of America v. Mary Ethel Morgan

Petitioners, Vemice Garrett and Mary Ethel Morgan, were convicted of two counts of conspiracy to possess narcotics with the intent to distribute and nine counts of possession and distribution of narcotics in violation of 21 U.S.C. §§ 846 , 841(a)(1), and 18 U.S.C. § 2 . Although the petitioners were originally sentenced to concurrent terms of 15 years’ imprisonment and 25 years’ special parole on each count, the sentences were later reduced to concurrent terms of 9 years’ imprisonment and 10 years’ special parole on each count. At the same trial, Jackson Morgan (husband of Mary Ethel Morgan) was convicted and sentenced to an enhanced sentence of 30 years’ imprisonment, 25 years’ special parole, and a $25,000 fine. Codefendant James Kinsey was also convicted and was sentenced to concurrent sentences of 5 years’ imprisonment and 25 years’ special parole on each of eight counts. On appeal, all of the convictions were affirmed. United States v. Garrett, 565 F.2d 1065 (9th Cir. 1977), cert, denied, 435 U.S. 924 , 98 S.Ct. 1487 , 55 L.Ed.2d 517 (Morgan v. U. £>.); cert, denied, 435 U.S. 924 , 98 S.Ct. 1487 , 55 L.Ed.2d 517 (Garrett v. U. S.).

Garrett and Morgan then filed this 28…