United States District Court, D. South Carolina, Rock Hill 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. 880. The
United States Probation Office has filed a Sentence Reduction
Report (“SRR”), indicating Count 1 is a covered
offense, but noting the reduced statutory penalties on Count
1 had no impact on the guideline range and Defendant is only
entitled to a reduced term of supervised release. ECF No.
870. The Government filed a response agreeing with Probation.
ECF No. 883. Thereafter, the court directed the Government to
address whether Defendant's conviction on Count 7 should
impact the court's decision. The Government then filed a
Supplemental Response (ECF No. 885) and Defendant filed a
Supplemental Motion for Relief (ECF No. 886).
was charged in a Second Superseding Indictment with the
following counts: conspiracy to possess with intent to
distribute and to distribute 50 grams or more of cocaine base
and 500 grams or more of cocaine (Count 1); intentional
killing of an individual while engaging in conspiracy to
distribute and possess with intent to distribute 50 grams or
more of cocaine base and 500 grams of more of cocaine, in
violation of 21 U.S.C. § 848(e)(1)(A) (Count 3); knowing
use and carrying of a firearm during and in relation to a
drug trafficking crime and a crime of violence, which caused
the death of a person through the use of the firearm, such
killing being a murder, in violation of 18 U.S.C. §
924(j)(1) (Count 4); felon in possession of a firearm (Count
6); and possession with intent to distribute a quantity of
cocaine base (Count 7). ECF No. 138. The Government filed an
Information under 21 U.S.C. § 851 noting Defendant had
three prior felony drug convictions, subjecting him to a
mandatory Life Sentence. ECF No. 73.
September 6, 2005, Defendant entered a guilty plea pursuant
to an Amended Plea Agreement to Count 1, conspiracy to
possess with intent to distribute 500 grams or more of
cocaine and 50 grams or more of cocaine base, and Count 7,
possession with intent to distribute a quantity of cocaine
base. ECF No. 284. The Plea Agreement included a stipulation
by Defendant that he had one prior felony drug conviction
which was noticed pursuant to § 851 and subjected him to
a mandatory minimum term of twenty years imprisonment.
Id. at ¶ 5. The parties stipulated that the
quantity of cocaine base Defendant was responsible for as
relevant conduct was at least 50 grams, that there was
insufficient evidence for a role enhancement or obstruction
of justice, that the murder cross-reference at U.S.S.G.
§ 2D1.1(d)(1) was applicable, and that a three-level
reduction for acceptance of responsibility was applicable if
Defendant complied with his Plea Agreement. Id. at
Rule 11 hearing, the court advised Defendant:
All right, the particular charge in count 1 is that beginning
at a time unknown to the grand jury, but at least early 2000,
and continuing thereafter up to and including the date of the
second superseding indictment, that you, along with Mr. Reid
and Mr. Simpson, knowingly and intentionally did conspire and
agree with each other and with others, knowingly,
intentionally, and unlawfully to possess with intent to
distribute 50 grams or more of crack cocaine, and 500 grams
or more of cocaine, these both being Schedule II controlled
substances, in violation of the federal drug laws. …
As to count 1, in order for the Government to prove that,
they would have to be able to prove that this conspiracy that
is described in count 1 to distribute the charged amount of
controlled substance here, 50 grams or more of crack cocaine,
was willfully formed and was existing at or about the time
alleged. That at some point in time you willfully became a
member of this conspiracy, and that you possessed with intent
to distribute or distributed a quantity of controlled
substance equal to or in excess of the amount charged in
count 1, that is, 50 grams or more. That you either agreed to
assist in the distribution of that quantity or you assisted
actually in the distribution of that quantity or an amount in
excess of that quantity, or at least it was reasonably
foreseeable to you, and it was within the scope of your
agreement and understanding that this amount of drugs was to
be distributed. …
Now, do you understand what the Government would have to
prove and what the charges are that you are proposing to
plead guilty to? The Defendant: Yes, ma'am.
ECF No. 443 at 26-28.
Government summarized the evidence against Defendant,
the evidence would show that Kenny Reid was a longtime
distributor of cocaine and crack cocaine in the Ft. Mill and
Rock Hill areas. …
[A]t some point, probably around late 2002 or early 2003, Mr.
Anderson, who was a former friend of Mr. Reid's from
Orangeburg, moved into the Rock Hill - the Ft. Mill, excuse
me, residence of Mr. Reid's mother, Mr. Reid's
sister, and several other family members. And at that point,
Mr. Anderson began selling quantities of crack cocaine on
almost a daily basis that he received from Mr. Reid.
And the government has a number of witnesses who would
testify that Mr. Anderson sold crack cocaine, that they saw
him sell crack cocaine. The government has at least two
witnesses who were regular customers of Mr. Anderson, who
would testify that Mr. Anderson sold them crack cocaine on a
daily basis, or almost daily basis.
And one of those witnesses was a lady named Rosa Bruce, who
was asked to get a cell phone for Mr. Anderson in her name
because he did not have good credit. And she got a cell phone
for Mr. Anderson and a cell phone for his then girlfriend
LaSharon Fort, who is a sister of Mr. Reid.
The government's evidence would show that Mr. Anderson
sometimes frequented a trailer at Red River Road in Rock Hill
where Mr. Reid had ounce quantities of crack cocaine there,
displayed, weighed out. Mr. ...