Galena man whose prior sentence was commuted by Obama asks for minimum sentence for meth trafficking

A Galena man whose prison sentence was commuted by President Barack Obama during the final five days of his administration is asking to receive a minimum sentence for his participation in a meth trafficking operation.

Even that sentence, 10 years, would keep Carroll Flowers, 69, in prison until he is almost 80.

Flowers sentencing is scheduled for 11 a.m. January 3 at the U. S. District Court in Springfield. He pleaded guilty in May.

In the sentencing memorandum, which was filed today, Flowers' attorney, federal public defender Michelle Nation Moulder, noted her client had considerable difficulty with his return to society after his release, suffering from "anxiety and depression and he relapsed."







The memorandum is printed below:

Mr. Flowers is 69 years of age. He has been married to his wife for almost fifty (50) years. They have three biological children and one adopted child. The oldest child passed away in 2000 following an automobile accident. 

Their adopted daughter, who is actually their biological granddaughter, is studying nursing (she is the biological daughter of their son, Carroll Jay). Mr. Flowers and his wife have eight grandchildren and three great-grandchildren. 

Mr. Flowers remains close with his family members, including his wife, Clarise, who is in poor physical health.  

Relative to his prior Federal offense, Mr. Flowers was allowed to self surrender on a prison sentence of 240 months, and successfully did so. As a result of clemency granted to Mr. Flowers by former President Barack Obama, Mr. Flowers was released from federal prison on May 19, 2017, to begin his term of supervised release. 

On December 22, 2017, a Petition and Order for Summons was issued to Mr. Flowers for violations of his term of supervised release. Mr. Flowers was continued on supervised release pending a final revocation hearing, at which time his term of supervised release was revoked and he was sentenced and remanded to prison to serve fourteen (14) months for violations of his term of supervised release. 

As documented in the prior presentence investigation report, “The defendant denied ever experiencing any difficulties with his mental or emotional health. He explained that he has never been referred to psychiatric counseling or considered there was any need for such treatment.” 

In the instant case, Mr. Flowers reported to the Pretrial Services Officer that following release from prison, he suffered from anxiety due to long term incarceration and institutionalization. Further, that he was prescribed medication to help him with the anxiety and to assist him in his transition back to the community from his lengthy incarceration. He advised that the medication had been beneficial. 

At the time Mr. Flowers committed the instant offense, he was serving a term of supervised release for Conspiracy to Manufacture or Distribute More than One Kilogram of Methamphetamine, U.S. District Court for the District of Kansas.

After serving more than 15 years on that sentence, Mr. Flowers began his term of supervised release on May 19, 2017. The instant offense occurred on December 13, 2017. Mr. Flowers had been doing well while on supervision. He was helping care for his wife and helping to make much needed repairs to their home. 

Unfortunately, Mr. Flowers struggled with a return to society. He suffered from anxiety and depression, and he relapsed. His relapse led to the instant offense. 

He is extremely sorry for his actions and deeply saddened by the impact of his return to custody on his wife and family. 

Significantly, there are no allegations of possession or use of firearms related to the instant offense, or even at all.

If Mr. Flowers receives the sentence requested, 120 months, he will be close to 80 years of age at the time of his release from incarceration. Given his age, Mr. Flowers is statistically unlikely to reoffend upon release from imprisonment for this offense. 

Also from the memorandum:

Flowers knows that he must suffer the consequences for his actions, and that a significant term of imprisonment will be imposed. Indeed, while the sentence requested is the statutory minimum of 120 months, a sentence of 120 months is a significant sentence. It is important that his sentence reflect the seriousness of this offense, promote respect for the law and is just. But it should also take into consideration the other factors, such as his history and characteristics and his age. 

This experience has taught him the importance of abstaining from this behavior. The sentence requested will also protect the public from further crimes by Mr. Flowers. Mr. Flowers plans to address the underlying issues that led to his relapse and treat them while in the custody of the BOP. With proper treatment, his age at release, and the resources that will be available to him while on supervised release, his likelihood of recidivism is low.