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United States v. Scott

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

September 4, 2019

United States of America,
v.
Terrance Franklin Scott, Defendant.

          OPINION AND ORDER

          CAMERON MCGOWAN CURRIE SENIOR UNITED STATES DISTRICT JUDGE.

         This 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.

         The 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.

         BACKGROUND

         It was charged in Count 1 of the Superseding Indictment that Defendant:

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.

         Defendant 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:
Count 1
A. The conspiracy was knowingly and willfully 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 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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