United States District Court, D. South Carolina, Columbia Division
OPINION AND ORDER
CAMERON MCGOWAN CURRIE, Senior United States District Judge.
case comes before the court on Defendant's Motion for
Relief Under First Step Act of 2018. ECF No. 1691. The
Government filed a Response in Opposition (ECF No. 1701),
Defendant filed a Reply (ECF No. 1702), the Government filed
a response (ECF No. 1703), and Defendant filed a
“Motion for Relief from Prejudicial Duplicity”
(ECF No. 1713). The United States Probation Office filed a
Sentence Reduction Report indicating Defendant does not
qualify for relief under the Act. ECF No. 1677.
court has reviewed the above filings as well as the
Superseding Indictment (ECF No. 319), Defendant's Plea
Agreement (ECF No. 543), Transcript of Rule 11 hearing (ECF
No. 1711), and PreSentence Report (“PSR”) (ECF
No. 1677-1), and concludes that Defendant is not eligible for
relief under the First Step Act.
entered a guilty plea to Count 1 of the Superseding
Indictment, which charged Defendant:
knowingly and intentionally did combine, conspire, agree and
have tacit understanding with each other and with others,
both known and unknown to the grand jury, to knowingly,
intentionally, and unlawfully possess with intent to
distribute and to distribute cocaine and cocaine base
(commonly known as “crack” cocaine), both
Schedule II controlled substances, said conspiracy involving
5 kilograms or more of cocaine, and 50 grams or more of
“crack” cocaine, in violation of Title 21, United
States Code, Sections 841(a)(1) and 841(b)(1)(A); All in
violation of Title 21, United States Code, Section 846.
ECF No. 319 at 1.
Plea Agreement provided:
The Defendant agrees to plead guilty to Count 1 of the
Indictment now pending, which charges: (1) conspiracy to
possess with intent to distribute 5 kilograms or more of
cocaine and 50 grams or more of “crack” cocaine,
a violation of Title 21, United States Code, Sections 846,
841(a)(1), and 841(b)(1)(A). In order to sustain its burden
of proof as to these offenses,  the Government is required to
prove the following:
(1) The conspiracy was knowingly and willfully formed and was
in existence on or about the dates set forth in the
(2) The Defendant joined the conspiracy with knowledge of the
conspiracy's unlawful purpose; and (3) The defendant
distributed 50 grams of “crack” cocaine and 5
kilograms or more of cocaine, agreed to the distribution of
those quantities or the distribution of those quantities was
reasonably foreseeable to the defendant and within the scope
of his agreement.
Possible Penalties for 21 U.S.C. § 846 A mandatory
minimum term of twenty years, a maximum of life, a maximum
fine of $8 million dollars, a term of supervised release of
10 years and a $100.00 special assessment.
ECF No. 543 at 1-2.
Rule 11 hearing, the ...