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Family of Lawrence man grateful for commutation

Carlos Lopez had a newborn and a toddler at home in Lawrence when he was arrested in 2001 on crack cocaine and firearms charges that sent him to federal prison for 25 years.

But by spring, Lopez and his two daughters, now 14 and 17, will be reunited after he received a commutation Friday from President Obama. The former Lawrence resident, was among 95 offenders who received reduced prison terms in Obama's latest round of commutations and pardons.

Lopez's mother, Clara Pena, 60, said Saturday that she does not know how to thank the president. Obama's order means Lopez, 37, is set to be freed April 16.

"He learned from his mistakes," Pena said by phone in remarks that were translated from Spanish by her granddaughter. "He's going to be very happy to be with all of us."

Pena said Lopez called Friday and asked her to visit him Saturday at Federal Medical Center Devens, a federal prison facility west of Boston where he is incarcerated. At first, Lopez would say only he had good news to share. But after some pressing, Pena said her son revealed he was coming home.

Lopez was arrested July 25, 2001 in Portsmouth, N.H., and later tried in that state, court records show.

"I was thrilled for him and his family," said Cathy Green, a New Hampshire lawyer who represented Lopez as he petitioned Obama for a commutation.

At his 2003 trial, Lopez was convicted of conspiracy to distribute cocaine base, four counts of distribution of cocaine base, and several firearms offenses, court records show. His harshest punishment — a term of 20 years — was imposed on the drug charges.

At the time of Lopez's sentencing, Green said US District Court Judge Steven J. McAuliffe was required to impose mandatory minimum prison terms for the crack cocaine offenses. In implementing the penalty, however, McAuliffe said he believed the punishment was too harsh and wrote a letter to that effect when Lopez petitioned for a commutation in 2014, Green said.

"The judge that sat through Mr. Lopez's trial and sentenced him felt the sentence was excessive at the time," she said. "He felt that there should be a sentencing reduction available for someone that was young and immature."

Lopez did not have a serious criminal background and the offense involved a "low-level drug sale," Green said. The US attorney's office in New Hampshire, which prosecuted Lopez, did not respond to e-mails seeking comment Saturday.

If he was sentenced for the same crimes today, Green said Lopez would face 11½ to 12½ years in prison, with no mandatory minimum punishment for the crack cocaine offenses. By the time Lopez is released in April, he will have spent more than 14 years in prison.

Green said she represented Lopez through the Clemency Project 2014, which was established to provide free legal assistance to federal prisoners who would probably face shorter sentences if they were punished now for the same offenses.

The Obama administration said in April 2014 that it would prioritize clemency requests for nonviolent, low-level offenders who have served at least 10 years in federal prison. The effort is seen as a way to redress punishments from the war on drugs that Obama views as too severe.

Lopez's younger daughter went to FMC Devens on Saturday with Pena to visit Lopez. She and her mother spoke to the Globe, but her mother requested anonymity for herself and her daughters, saying the teenagers have not discussed their father's incarceration outside their family.

The girl said she regularly visits her father, who keeps up with her and her sister by sending cards and gifts.

The teen said her father's upcoming release from prison is "mind blowing."

"This is like the best Christmas present in my opinion," she said.

Her mother said Lopez showed interest in his daughters throughout his imprisonment and receives regular updates about their progress in school and involvement in sports, including soccer and cheerleading. Both daughters are honor-roll students, she said.

"It doesn't matter that this happened with their dad," the mother said. "They never let that get in their way."


Laura Crimaldi can be reached at laura.crimaldi@globe.com. Follow her on Twitter @lauracrimaldi.