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. Carrie

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

August 1, 2019

United States of America,
v.
Keyon Carrie, Defendant.

          OPINION AND ORDER

          CAMERON MCGOWAN CURRIE, SENIOR UNITED STATES DISTRICT JUDGE.

         This case comes before the court on Defendant's Motion for Relief under the First Step Act of 2018. ECF No. 497. The United States Probation Office has filed a Sentence Reduction Report (“SRR”) (ECF No. 499), indicating Defendant is eligible for relief as his statutory penalty has changed from mandatory Life imprisonment[1] to 10 years to Life, and his supervised release exposure is eight years instead of 10 years. The Government agrees Defendant may be eligible for relief, but “suggests that in the circumstances of this case relief should be denied.” ECF No. 500 at 1. Defendant has not filed a reply.

         The court will consider the new statutory range, the new advisory guideline range, factors in 18 U.S.C. § 3553(a), and any evidence of post-sentencing mitigation in deciding whether to impose a reduced sentence of incarceration. Therefore, the parties shall file, on or before August 20, 2019, any further submissions relevant to these matters.

         Background

         On August 19, 2009 Defendant was charged in an Indictment with conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine, 50 grams or more of cocaine base, and a quantity of marijuana. ECF No. 19. The Government filed an Information pursuant to § 851, providing notice it intended to pursue enhanced penalties based on three prior felony drug convictions. ECF No. 70. On November 12, 2009, Defendant entered into an Amended Plea Agreement to plead guilty Count 1, conspiracy to possess with intent to distribute 5 kilograms or more of cocaine and 50 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. ECF No. 116.

         At the Rule 11 hearing, the court advised Defendant:

In terms of Mr. Carrie's plea agreement, he's proposing to plead guilty to count 1 of his indictment, which charges a conspiracy to possess with intent to distribute five kilos or more of cocaine and 50 grams or more of crack. . . . In order for the government to prove a drug conspiracy, the government has to prove that the conspiracy described in the indictment was knowingly and willfully formed and was in existence on or bout the dates that are set forth in the indictment. Then the government has to prove that you willfully joined in the conspiracy with knowledge of its unlawful purpose. And then finally, the government has to be able to prove the nature of the conspiracy, that is, what type of drug was involved and what quantity of drugs was involved.
With regard to the - Mr. Carrie, they are requiring proof of - that you personally distributed five kilos or more of cocaine or 50 grams or more of crack, or specifically agreed to those amounts and quantities and types, or that that was reasonably foreseeable to you and within the scope of your agreement.
Mr. Carrie, in your case they are alleging that there are two or more prior felony drug convictions. In a case involving this amount of drugs and these kinds of drugs, that means a mandatory term of life imprisonment without parole, a fine of up to $8 million, a term of supervised release of at least 10 years, and a special assessment of $100. Is that your understanding? Mr. Carrie: Yes, ma'am.

ECF No. 494 at 12-14, 16.

         The Government summarized the evidence against Defendant, explaining:

During the course of wire intercepts . . . this particular individual was intercepted numerous times arranging for cocaine deals for Mr. Carrie. . . . These wire intercepts were for half kilograms, kilograms, and sometimes multi-kilogram transactions. On some occasions, actually ...

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.