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Two death row inmates, Shannon Agofsky and Len Davis, are challenging President Joe Biden's decision to commute their sentences to life in prison without parole. According to a report by NBC News, they argue that the commutations hinder their ongoing legal appeals. Both men, housed at the federal penitentiary in Terre Haute, Indiana, filed emergency motions on December 30 to block the commutations.
Agofsky, convicted of the 1989 murder of a bank president and the 2001 killing of a fellow inmate, claims the commutation would remove the heightened scrutiny his death penalty appeal receives. He argues this would place him at a legal disadvantage. Agofsky's wife expressed concerns that the commutation could result in losing vital legal counsel.
Davis, a former New Orleans police officer, was convicted for orchestrating the 1994 murder of Kim Groves. He maintains his innocence and argues that the federal court lacked jurisdiction in his case. Davis claims that the death penalty status draws attention to alleged misconduct by the Justice Department.
A 1927 Supreme Court ruling allows a president to commute a sentence without the inmate's consent. However, both inmates are seeking to maintain their death row status to continue their appeals with the benefit of heightened scrutiny.
Biden's commutations, announced in December, affected 37 federal inmates, sparing them from execution. The action did not include three inmates convicted of terrorism or hate-motivated mass murder.