Criminal justice stakeholders, New Orleans city Council members, sentencing reform advocates, community activists, concerned citizens, friends and family will gather on Saturday, March 7, to rally support for clemency for Bernard Noble, currently serving 13.3 years for 2.8 grams for marijuana.
Noble, a 48-year old father of seven, was arrested while riding his bike when officers discovered 2.8 grams of marijuana, the equivalent of two to three marijuana cigarettes. Characterizing Noble as “exceptional,” two Orleans Parish Criminal District Court judges departed from the mandatory minimal sentence stating “Mr. Noble’s inevitable incarceration will be a greater punishment for his children than for himself,” and Noble’s “particular circumstance is the rare exceptional situation and does not represent the type of individual contemplated by the legislature when assigning sentences.”
Using simple possession convictions from 1991 and 2003, the Orleans Parish District Attorney’s Office charged Noble under the habitual offender law and sought the mandatory minimum sentence despite the trail judges’ disapproval and disagreement with the length of punishment. Trial judges twice departed from sentencing Noble to the state requested mandatory minimum of 13 years and four months and sentenced him to 5 years.