United States District Court, D. South Carolina, Orangeburg Division
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. 607. The
Government filed a Response in Opposition (ECF No. 611), and
Defendant filed a pro se Reply (ECF No. 612). The United
States Probation Office filed a Sentence Reduction Report
indicating Defendant does not qualify for relief under the
Act. ECF No. 608.
court has reviewed the above filings as well as
Defendant's Plea Agreement (ECF No. 282), Transcript of
Rule 11 hearing (ECF NO. 613), and PreSentence Report
(“PSR”) (ECF No. 608-1), and concludes that
Defendant is not eligible for relief under the First Step
entered into a Plea Agreement to plead to Count 1 of the
The Defendant . . . agrees to plead guilty to Count 1 of the
Indictment now pending, Fed. R. Crim. P. 11(a), which charges
conspiracy to possess with intent to distribute and
distribution of 50 grams or more of cocaine base and 5
kilograms or more of cocaine, a violation of Title 21, United
States Code, Section 846. The elements of this offense are:
a) The conspiracy described in the indictment was willfully
formed and was existing on or about the alleged time;
b) The accused willfully became a member of the conspiracy;
c) The amount of drugs involved in the conspiracy was 50
grams or more of cocaine base, commonly known as “crack
cocaine”, and 5 kilograms or more of cocaine.
ECF No. 282 at 1.
Rule 11 hearing, the court advised Defendant:
Now, in order for the government to prove that they would
have to prove several things: First of all they would have to
prove that this conspiracy or agreement that is alleged in
the indictment was willfully formed and was existing at or
about the times that the indictment alleges. Secondly, that
at some point in time, during the existence of that
conspiracy, you willfully became of member of that
conspiracy. And the third thing that they would have to be
able to prove is that the amount of drugs that were involved
in the conspiracy and that were reasonably foreseeable to you
were at least 50 grams or more of crack cocaine and five
kilos or more of cocaine. Do you understand that that is what
the government would have to prove? The Defendant: Yes,
ECF No. 613 at 12-13.
Government, through FBI Special Agent Michael Stansbury,
summarized the evidence against Defendant, explaining
joined the conspiracy with Terrance Daniels and others named
in the indictment in the summer of 2000. . . . [Members of
the conspiracy] were introduced to Mr. Gravatt, started
purchasing cocaine from him. They made several trips. Other
members of the conspiracy . . . made trips also to get
cocaine from Mr. Gravatt. The end of December 2000 Mr.
Gravatt and his associates travelled out to South Carolina,
to Orangeburg, and stayed the week in Orangeburg where they
brought cocaine for sale that was distributed in Orangeburg.
Then they ...