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. 1699. The
Government filed a Response in Opposition. ECF No. 1704. The
United States Probation Office filed a Sentence Reduction
Report indicating Defendant does not qualify for relief under
the Act. ECF No. 1698.
court has reviewed the above filings as well as the
Superseding Indictment (ECF No. 319), Defendant's Plea
Agreement (ECF No. 537), Transcript of Rule 11 hearing (ECF
No. 1712), and PreSentence Report (“PSR”) (ECF
No. 1698-1), and concludes that Defendant is not eligible for
relief under the First Step Act.
charged in Count 1 of the Superseding Indictment that
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.
thereafter entered into a Plea Agreement that provided for a
plea to a lesser included offense:
The Defendant agrees to plead guilty to Count 1 of the
Superseding Indictment now pending, which charges conspiracy
to possess with intent to distribute cocaine and
“crack” cocaine, said conspiracy involving 5
grams or more of “crack” cocaine and 500 grams or
more of cocaine, . . . a violation of Title 21, United States
Code, Sections 846, 841(a)(1), and 841(b)(1)(B). In order to
sustain its burden of proof as to these offenses,
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 5 grams of “crack” cocaine and 500
grams 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 10 years, a maximum of life, a maximum fine
of $4 million dollars, a term of supervised release of 8
years and a $100.00 special assessment.
ECF No. 537 at 1-2.
Rule 11 hearing, the ...