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' spro
se Motion for Relief Under First Step Act of 2018. ECF
No. 1555. The Government filed a Response in Opposition. ECF
No. 1561. The United States Probation Office filed a Sentence
Reduction Report indicating Defendant does not qualify for
relief under the Act. ECF No. 1560.
court has reviewed the above filings as well as the
Superseding Indictment (ECF No. 366), Defendant's Plea
Agreement (ECF No. 564), Transcript of Rule 11 hearing (ECF
No. 1562), and Presentence Report ("PSR") (ECF No.
1560-1), 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. 366 at2.
thereafter entered into a Plea Agreement that provided for a
plea to Count 1:
The Defendant agrees to plead guilty to Count 1 of the
Superseding Indictment now pending, which charges conspiracy
to distribute 5 kilograms or more of cocaine and 50 grams or
more of "crack" cocaine, a violation of Title 21,
United States Code, Sections 846, 841(a)(1), and
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 50 grams of "crack"
cocaine and 5 kilograms or more of cocaine, agreed to the
distribution of same or the distribution of same was
reasonably foreseeable to and within the scope of the
Possible Penalties for 21 U.S.C. §§ 846
A mandatory minimum term of 20 years, a maximum of life, a
maximum fine of $8, 000, 000, a ten year term of supervised
release and a $100.00 special assessment.
ECF No. 564 at 1-2.
Rule 11 hearing, the court advised Defendant:
In the case of Mr. Marshal, you're proposing to plead
guilty to count one of the superseding indictment, this is
conspiracy to distribute 5 kilos or more of cocaine and 50
grams or more of crack. The government would have to be able
to prove that you - this conspiracy as set forth in the
superseding indictment, which is alleged to have begun in or
around 2006, that in fact it was knowingly and willfully
formed and in existence on or about these dates, that at some
point in time you intentionally joined in the conspiracy with
knowledge of its unlawful purpose, and that during the time
you were involved in the conspiracy you either personally
distributed in excess of five kilos of cocaine and 50 grams
or more of crack or agreed with others to do that or it was
reasonably foreseeable to ...