Charles “Fred” Cundiff – Received Clemency – 12/18/2015

We are happy to announce that Charles Cundiff serving life for pot won the clemency lottery.  On Jan. 12th, he arrived at a half-way house and could use financial assistance and clothes to start a new life.   Thank you Pres. Obama!!!

Charles “Fred” Cundiff is serving Life for Pot!

Charles Fred Cundiff is serving Life for PotCharles Frederick Cundiff, #643011-112
Offense: 2 Counts of Conspiracy to Import and Distribute Marijuana
Sentence: Life Without Parole – Natural Death
Incarcerated Since: 1991
Date of Birth: 7/3/46
Family: 2 Daughters, 1 Son, 9 Grandchildren; 5 Great-Grandchildren; 2 Great-Great Grandchildren.

NOW LIVING:  Florida

Clemency status: Victory – Granted.

Post Release Plans: To spend what time I have left with my family.

Supporters:; The CAN-DO Foundation; The Clemency Report; ALCU

About Fred Cundiff’s Case – Life for Pot

Did You Go to Trial: Yes
How Many People in Conspiracy Are Now Free? 
Ten went to trial, all are free except Fred – and now FRED!!! 
Compassionate Statements at Sentencing by Judge?
He said he wanted to give Fred 20 years but the prosecutor would file to over rule that.

Among the multitude of America’s nonviolent senior citizens dying behind bars is Charles (Fred Cundiff)
Charles Cundiff was traveling to Tallahassee to buy some marijuana in 1991. He was working at Windy Pines Plant Nursery and had a wife and three children. By anyone one’s definition, he was a family man. When Charles arrived he was arrested in what can only be described as a reverse sting involving 9 individuals.

Charles was by no means a principle in this sting, and did not feel he should be charged for all the elements of the conspiracy, he said he was only going to buy some pot. He decided to go to trial. When all the prosecutions were over it was not surprising that Charles was the only conspirator who received a sentence of life without parole. He had set his sights on justice and taken his chances with a jury. Co-conspirators testified against him per their plea agreements.

Charles had three minor priors in the 70s and 80s for growing and possessing marijuana, but aside from that he had basically supported himself and his family through employment. He had been a construction worker, managed a stereo store, mortgage sales and most recently the plant nursery.

As Charles lives out his final days behind bars and razor wire, all those participants in the conspiracy are free, even the individual identified by authorities to be the principal distributor and broker for the ring. He did not roll the dice with a jury swayed by prosecutorial over charging.

Fred Cundiff is paying the ultimate price for exercising his Constitutionally guaranteed right to a trial by jury. The conspiracy statute that holds one person responsible for the crimes of others, set the stage for the guilty to go free at the expense of anyone who goes to trial.

Fred Cundiff has already served far more time than many murderers and other violent criminals. At nearly 70 years of age, he is in extremely poor health. He deserves a compassionate release or Executive clemency so he can spend his few remaining years in freedom with his family.

 Getting to Know Charles “Fred” Cundiff – Life for Pot

We asked Fred Cundiff a series of questions to help everyone get to know him better, Here’s what he said:

What meal or food do you crave most that you will want to eat when you get out?
I long for a Waffle House breakfast, a Pizza Hut lunch, and good  steak and seafood combo for dinner!

Who are your favorite authors? 
Wilbur Smith, Louis L’Amour, and John Sandford, I love all their books!

Prefer winter or summer?
I like both, even in here.  But given that I am 69 years old, just living is enough!

Nocturnal or morning person?
To be alive!

Coffee or tea?
Both, when I can get them.

What is your favorite sport?
Football and Basketball

Favorite team/athlete?
Football – The New England Patriots, and Basketball – The Cleveland Cavliers

Favorite movie(s)?
Runaway Train with Denzel Washington, Tears of the Sun with Bruce Willis, and Olympus Has Fallen.

Favorite TV show(s)?
I don’t watch a lot of TV, sometimes a little football or basketball, and once in a while a good movie.

Favorite song(s) and/or musical artist(s)?
A Whiter Shade of Pale by Procol Harum; Bring It On Home to Me by Sam Cooke; You Belong to Me.  I am showing my age!

What is your favorite color? 
Blondes and red heads!

If you could walk out tomorrow and go anywhere – where would it be and why?
To see my ex-wives and children.  I have 2 daughters and a son, 9 grandchildren, 5 or more great grandchildren and, I think, two great-great grandchildren.

If you could travel to any country – where would it be and why? 
To Germany so I could drive on the Autobahn and see the country.

What do you most want people to understand about being incarcerated that you don’t think they understand?
That the government sells our souls for money to corporations who rely on cheap prison labor.

More About Charles “Fred” Cundiff

Scroll to top