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U.S. v. GOWDIE

April 16, 2004.

UNITED STATES OF AMERICA, -against- DAMION GOWDIE, Defendant


The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

SENTENCING OPINION

Defendant Damion Gowdie ("Gowdie") pled guilty on April 28, 2000 to a conspiracy to distribute and possess with intent to distribute 50 grams and more of crack cocaine in violation of 21 U.S.C. § 812 and 841(a)(1) and 841(b)(1)(A), under 21 U.S.C. § 846. For the reasons set forth below, Gowdie will be sentenced to 108 months' imprisonment, followed by five years of supervised release. A $100 special assessment fee is mandatory.

The Defendant

  Gowdie was born to Gloston Gowdie and Pauline Powell on April 15, 1977 in Jamaica, West Indies. His father, approximately age 41, resides in Jamaica, and his mother, approximately age 43, resides in the Bronx. Gowdie's father is employed in a floral shop, while his mother is employed as a nurse's aide. Gowdie's four siblings range in age from 12 to 20. Gowdie entered the United States on August 12, 1989, and he is a permanent resident alien. Based on a conviction for a felony offense, he is subject to removal proceedings for violating the Immigration Act.

  Gowdie's ex-girlfriend, Nakisha Herin, age 25, resides in Manhattan. Their relationship produced one child, Dimetra Gowdie, age six. Prior to Gowdie's arrest, he resided with Nakisha Herin for approximately seven years. Prior to that, he resided with his mother in the Bronx, New York.

  During the initial interview, Gowdie reported that he consumed alcohol on occasion and that he last consumed alcohol approximately four years ago. He further reported that he had been using marijuana for seven years, that this use escalated daily, and he last smoked marijuana approximately one year ago. During Gowdie's follow-up interview, he related that in 2001, he completed a drug and life style course that had been very helpful to him.

  In his follow-up interview, Gowdie indicated that he is interested in obtaining a General Equivalency Diploma, as well as taking computer and college courses. He also has an interest in carpentry work and mechanics. Gowdie attended the Lewis D. Brandeis High School in Manhattan in the late 1980's until the 11th grade when he was "kicked out" for "cutting" classes.

  In 1996 and 1997, Gowdie held summertime employment at a summer youth program in the Bronx. He worked at a day-care center part time and took the children on trips.

  Gowdie has no assets or liabilities.

  The instant offense represents Gowdie's fourth narcotics-related crime. However, he did not receive criminal history points because the conduct in those crimes is related to the instant offense.

 The Offense

  Gowdie has pled guilty to involvement in a Conspiracy to Distribute Narcotics from 1994 to 1999. The amount of drugs distributed by the conspiracy included at least 1.5 kilograms of crack. Part of the time, he was involved in hand-to-hand sales of crack cocaine. He also served as a supervisor for approximately six months, collecting narcotics proceeds. The Guidelines

  Gowdie has zero criminal history points, which establishes a Criminal History Category of I.

  The guideline for a violation of 21 U.S.C. § 846 is found in U.S.S.G. § 2D1.1. The base offense level is 38. Although Gowdie served as a supervisor temporarily, he will not receive the aggravating role enhancement under U.S.S.G. § 3B1.1. See United States v. Birkett et al., No. 99 Cr. 338 (RWS), 2003 WL 22940486, at *8 (S.D.N.Y. Dec. 15, 2003). In light of this ...


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