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United States v. Bynum
United States District Court, D. South Carolina, Columbia Division
May 28, 2019
United States of America,
Maurice Bynum, Defendant.
OPINION AND ORDER
CAMERON MCGOWAN CURRIE Senior United States District Judge.
case comes before the court on Defendant's pro se Motion
for Relief Under First Step Act of 2018. ECF No. 1517. The
Government filed a Response in Opposition. ECF No. 1537. The
United States Probation Office filed a Sentence Reduction
Report indicating Defendant does not qualify for relief under
the Act. ECF No. 1535.
court has reviewed the above filings as well as the
Superseding Indictment (ECF No. 367), Defendant's Plea
Agreement (ECF No. 501), Transcript of Rule 11 hearing, and
PreSentence Report (“PSR”) (ECF No. 1535-1), 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. 367 at 2.
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 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
In order to sustain its burden of proof as to this offense,
the Government is required to prove the following:
A. The conspiracy was knowingly and wilfully formed and was
in existence on or about the dates set forth in the
Superseding Indictment; B. The defendant joined the
conspiracy with knowledge of the conspiracy's unlawful
purpose; and C. 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.
501 at 1-2.
At the Rule 11 hearing, the court advised Defendant:
They would have to be able to prove that there was such a
conspiracy, it was knowingly and wilfully formed and in
existence on or about these dates, that at some point in time
while it was in existence you joined in it with knowledge of
its unlawful purpose and that while you were a member of it,
you either personally distributed five grams of crack and 500
grams or more of cocaine, you agreed to the distribution of
those quantities, or the distribution of those quantities was
reasonably foreseeable to you and within the scope of ...
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