Part One

The Best Family Anyone Could Want

I grew up on the southside of Chicago. I lived with my parents and my two younger brothers in a brick ranch-style home. We ate Sunday dinners together.
Alton Mills with Family

I graduated from Roselin Community high school in 1987. I come from the best family that any person could want. My mother was a homemaker. My father was a member of the local union. He worked 40 years at a Chicago grocery store. I remember seeing him work every day to provide for us. We didn’t have much, but we had our fair share.

First
strike
SECOND
strike
THIRD
strike
94 CR 00187-5
Chicago, Illinois
April 9, 1992
United States of America,
v,
Alton Mills
4.6 pellets of crack cocaine
Sentence:
Probation
Concluded at
9:44 a.m.
Part Two

$300 USD Per Week

“Looking back, my drug career paid less than minimum wage.”
Alton Mills with Family in prison

My parents taught me right from wrong. SO I remember exactly when I made a wrong turn in my life. After high school, I started running with the wrong crowd. I started delivering drugs for the neighborhood drug dealers. I made $300 a week as a drug runner. I was a 19 year old young father. I had just gotten married. I was trying to make ends meet. Looking back, my drug career paid less than minimum wage.

On April 9, 1992, Chicago police stopped me and searched my jacket pockets. They found less than 5 pellets of crack cocaine in my pocket. I was arrested and I got 18 months’ probation in state court for possessing crack cocaine.

Five months later in September, police stopped me again. They searched my clothes and found 3 pellets of crack in my waistband. I was arrested again for possessing crack cocaine. I got 24 months’ probation in state court.

First
strike
SECOND
strike
THIRD
strike
94 CR 00187-5
Chicago, Illinois
September 24, 1992
United States of America,
v,
Alton Mills
3.2 pellets of crack cocaine
Sentence:
Probation
Concluded at
9:44 a.m.
Part Three

My Life in the Rearview Mirror

“I was riding in the back seat of the car with the FBI agent. He just kept repeating: help the government, or get a life sentence. Every time he said “life sentence” – it seemed the car kept getting smaller. And smaller. And smaller. I looked into the rearview mirror of the police car and I saw that I was leaving my 19 month old daughter behind. That is the moment when I started suffocating.”
Judge Marvin

Alton Mills was not a drug kingpin. He wasn’t even a drug dealer. Alton didn’t have a stash of jewelry. He didn’t own a home. He couldn’t even afford a lawyer to defend him. Federal prosecutors admitted “the thrust of the evidence against Mills was that Mills did whatever [the drug ringleader] told him to do.” As a drug runner, Alton picked up cash from drug sports and delivered the cash to his bosses. He then delivered crack cocaine when and where his boss instructed. Alton was paid just $300 per week as a drug runner.

In 1994, Alton stood before federal judge Marvin Aspen for punishment. Alton was 24 years old. He had never been to prison before. Judge Aspen looked directly at Alton and reluctantly gave him a mandatory life sentence. Judge Marvin Aspen told the courtroom that Alton’s mandatory life sentence was “cruel and unusual” and said he wanted to sentencing Alton to “something other than life” but the 3 Strikes Law required a life sentence.

Judge Aspen continues to criticize the 3 Strikes Drug Law: “They were sold to the public, to law enforcement, and to the courts on the notion that disparities in sentencing would disappear, that there would be honesty in sentencing, and that everyone involved in a particular criminal activity would be punished proportionally with other people involved in that activity. I think we can see by this case how farcical that notion is in its application at times.” “The problem I saw right from the beginning is that discretion never goes away in sentencing,” Aspen explains. “It was shifted away from the court, to prosecutors, who have discretion in how they charge.”

First
strike
SECOND
strike
THIRD
strike
93 CR 350-7
Chicago, Illinois
July 14, 1994
United States of America,
v,
Alton Mills
Low-Level Drug Courier
Sentence:
Life Imprisonment
Concluded at
9:44 a.m.
Part Four

22 years, 4 months, 4 days and 1 hour.

“I spent 22 years, 4 months, 4 days and 1 hour banished to a life sentence. Next year, I will watch my daughter walk across the stage at her college graduation. There are many others like me still in prison. They deserve a second chance too.”
Alton Mills (Left) at his daughters graduation

It has been over two decades since Alton Mills stood in Judge Aspen’s courtroom and received a mandatory life sentence. After nearly 23 years of banishment, President Obama ordered Alton’s freedom in December 2016.

Judge Aspen hopes lawmakers will see the are so many more men and women unfairly banished like Alton: “If Mr. Mills does what I think he’s going to do, I think five years from now you’ll see he has not committed any crimes, he’ll be working regularly, he’ll be interacting with his family, and he’ll be a role model for a lot of people who have come out of the penitentiary with the good attitude that he has,” Aspen says. “Hopefully it will give legislators a reaffirmation that the mandatory guidelines were a mistake and that every case is different. There are so many nuances in a sentence that you cannot cover no matter how intricate your guidelines are.”