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 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 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.
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.
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.
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
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
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.
Government summarized the evidence against Defendant,
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