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United States v. Scott
United States District Court, D. South Carolina, Columbia Division
September 4, 2019
United States of America,
Terrance Franklin Scott, 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. 1671. The Government filed a Response in Opposition. ECF
No. 1685. The United States Probation Office filed a Sentence
Reduction Report indicating Defendant does not qualify for
relief under the Act. ECF No. 1682.
court has reviewed the above filings as well as the
Superseding Indictment (ECF No. 319), Defendant's Plea
Agreement (ECF No. 555), Transcript of Rule 11 hearing (ECF
No. 1706), and PreSentence Report (“PSR”) (ECF
No. 1682-1), 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 to Count 1 and to Count 9:
The Defendant agrees to plead guilty to Counts 1 and 9 of the
Superseding Indictment now pending, which charges (1)
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 841(b)(1)(B); and (3) possession of a
firearm during and in connection with a drug trafficking
crime, a violation of 18, United States Code, Section 924(c).
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 willfully formed and was
in existence on or about the dates set forth in the
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 ten years, a maximum of life, a
maximum fine of $4 million dollars, a term of supervised
release of 8 years and a ...
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