Shannon Agofsky and Len Davis, two federal prisoners whose death sentences were commuted, argue that accepting the commutations undermines their ongoing legal appeals and creates an unfair legal position.
Agofsky's legal filing states that to commute a sentence while litigation is active strips him of heightened scrutiny protections, which is fundamentally unfair and could jeopardize his appeal.
Agofsky's wife expressed concern that if his sentence were commuted, he might lose the legal representation he currently has, complicating his pursuit of innocence.
Biden's commutation action, impacting 37 federal death row inmates, is noted as the largest by any president, excluding cases of terrorism and hate-motivated mass murders.
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