Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Mendoza

United States District Court, D. South Carolina, Columbia Division

April 15, 2019

United States of America,
v.
Juan Mendoza, Defendant.

          OPINION AND ORDER

          Cameron McGowan Currie, Senior United States District Judge.

         This case comes before the court on Defendant's pro se Motion for Reduction Pursuant to the First Step Act, Fair Sentencing Act, and Amendments 750 and 782. ECF No. 1825. The United States Probation Office filed a Sentence Reduction Report indicating Defendant does not qualify for relief under the First Step Act. ECF No. 1835. Defendant filed a reply. ECF No. 1841.

         The court has reviewed the above filings as well as Defendant's Third Superseding Indictment (ECF No. 561), Plea Agreement (ECF No. 602), Transcript of Rule 11 hearing (ECF No. 1108), and PreSentence Report (“PSR”) (ECF No. 1835-1), and concludes that Defendant is not entitled to relief under the First Step Act or Amendments 750 and 782.

         Defendant entered a guilty plea to Count 1 of the Third Superseding Indictment, which charged Defendant:

knowingly and intentionally did combine, conspire, agree together and have tacit understanding with each other and with other persons, both known and unknown to the grand jury, to knowingly, intentionally, and unlawfully possess with intent to distribute and distribute cocaine and cocaine base (commonly known as “crack” cocaine), both Schedule II controlled substances, and marijuana, a Schedule I controlled substance, said conspiracy involving 5 kilograms or more of cocaine, 50 grams or more of cocaine base and a quantity of marijuana, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 841(b)(1)(D); All in violation of Title 21, United States Code, Section 846.

ECF No. 561. The Plea Agreement provided as to Count 1:

The Defendant agrees to plead guilty to Count 1 . . . of the Third Superseding Indictment now pending, which charges conspiracy to possess with intent to distribute 5 kilograms or more of cocaine . . . [a] violation of Title 21, United States Code, Sections 846. . . .

         In order to sustain its burden of proof as to this offense, the Government is required to prove the following:

Count One
(A) The conspiracy described in Count 1 was knowingly and willfully formed and was in existence on the dates set forth in the Third Superseding Indictment;
(B) The defendant knowingly joined the conspiracy; and (C) The defendant personally possessed with intent to distribute or distributed 5 kilograms or more of cocaine, specifically agreed to the distribution of that drug quantities, or the distribution of same was reasonably foreseeable to the defendant and within the scope of his agreement.
Possible Penalties for 21 U.S.C. §§ 846 Mandatory minimum term of 10 years, maximum term of life imprisonment, maximum fine of $4 million dollars and a term of supervised release of at least 5 years plus a special assessment of $100.

ECF No. 602 at 1-2.

         At the Rule 11 hearing, the court advised Defendant as ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.