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U.S. v. ALLEN

January 3, 2003

UNITED STATES OF AMERICA
v.
VINCENT ALLEN, DEFENDANT.



The opinion of the court was delivered by: Shira Scheindlin, District Judge.

SENTENCING OPINION

On April 18, 2002, defendant Vincent Allen pled guilty to the following counts:

Count 1 — Conspiracy to transport and receive firearms in violation of 18 U.S.C. § 371.
Count 2 — Dealing in firearms without a license in violation of 18 U.S.C. § 922.
Count 3 — Conspiracy to distribute MDMA ("Ecstasy") in violation of 21 U.S.C. § 846.
Count 4 — Distribution of Ecstasy in violation of 21 U.S.C. § 841.
Count 5 — Distribution of crack cocaine in violation of 21 U.S.C. § 841.

Vincent Allen was sentenced on November 27, 2002. I write now to explain the reasons for that sentence.

The Offense Conduct

The following fact recitation is drawn from the Presentence Report dated July 16, 2002. Vincent Allen was the subject of a "sting" operation initiated by the Bureau of Alcohol, Tobacco and Firearms ("ATF") with the assistance of a confidential informant ("CI"). On March 26, 2001, the CI met with Allen to discuss the purchase of a firearm. After making a telephone call, Allen informed that CI that a firearm was available at the apartment of Hector Arias, a co-defendant. Allen and the CI went to Arias's apartment at which point Arias had a Lorcin .25 caliber pistol, a gun pouch and six rounds of ammunition brought up to his apartment by Kevin Williams, another co-defendant. Arias then sold the firearm and ammunition to the CI in the presence of Allen and Williams. Arias gave the CI his phone number and told him additional firearms could be purchased the next day.*fn1

Having successfully purchased a firearm through Allen, the ATF decided to expand the scope of its investigation. Accordingly, on April 2, 2001, the CI and Allen negotiated the sale of 25 grams of Ecstasy, to be delivered on April 5, 2001. On that day, the CI went to Allen's apartment where he purchased Ecstasy from Allen and a person named Tito. Later that month, Allen sold the CI 63 grams of crack cocaine in a taxicab parked outside of Allen's apartment building.

Offense Level Computation*fn2

Defendant pled guilty to five separate counts, charging him with dealing in drugs and firearms. In calculating the offense level, these counts are divided into two groups. Group I, consisting of Counts One and Two (the firearm counts) are grouped together pursuant to § 3D1.2(d) because the offense behavior was continuous in nature and the offense guideline is written to cover such behavior. Thus, the base offense level for these two offenses — one charging conspiracy to transport and receive firearms in interstate commerce and the other charging the sale of five firearms without a license — is found at § 2K2.1. Because the offense involved a firearm described in 26 U.S.C. § 5845 (the Harrington and Richardson .410 caliber shotgun) and one described in 18 U.S.C. § 921(a)(30) (the ...


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