The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
On March 23, 2004, defendant Barrington Smith ("Smith")
allocuted to the sole count of the indictment, conspiracy to
distribute and possess with intent to distribute approximately 1
kilogram of marijuana, in violation of 21 U.S.C. § 812,
841(a)(1), 841(b)(1)(D), and 846. Smith will be sentenced to five
years' probation. A special assessment fee of $100 is mandatory
and is due immediately.
The following statement of facts draws on the Presentence
Investigation Report prepared by the U.S. Probation Office.
Smith, whose reported true name is "Carrington Ricardo Smith,"
was born on June 13, 1976, in Kingston, Jamaica. Smith reported that he completed the tenth grade at the Edith Dalton
Comprehensive High School in Kingston, Jamaica in 1994,
thereafter ceasing his education to find employment and help
financially support his family. Smith reported that from 1992 to
1999 he was employed full-time as a motorcycle mechanic in
Smith came to the United States on October 6, 1999 pursuant to
a visa that expires on October 5, 2004. From his arrival in the
United States in 1999 until 2000, Smith reported that he was
financially supported by his sister, who resides in New York, in
exchange for baby-sitting her son. From 2001 to 2002, Smith
reportedly worked as a barber part-time, and since May of 2003
Smith has reportedly been working as an independent construction
assistant. He also reportedly continues to earn some money
baby-sitting for his nephew.
Smith married Glenda Smith, née Smith, on June 26, 2003 in New
York, New York.
Smith's sole reported asset is a used 1992 Acura that was
purchased used and is worth approximately $2,500. Smith has
reported no debt.
On March 24, 2002, Smith pled guilty to unlawful possession of
marijuana, for which he was sentenced to a $50 fine in Manhattan
Criminal Court, New York, New York. Smith has a charge of criminal possession of marijuana in the second degree
pending in Bronx Criminal Court, Bronx, New York, stemming from
Smith's arrest on May 15, 2003. Smith was also arrested on
February 25, 2004, subsequent to his arrest for the instant
offense and while under the supervision of U.S. Pretrial
Services, and charges of criminal possession of marijuana in the
first and second degree, possession of a forged instrument in the
first degree, and criminal possession of a weapon in the second
degree are currently pending in Manhattan Criminal Court, New
York, New York.
Smith stated that from 1993 until March, 2004, he smoked
marijuana daily, and he has attended substance abuse treatment
programs from September to December 2003 and from March 3, 2004
to the present. He further related that he consumes alcohol in
On May 26, 2003, officers of the New York Police Department
pulled over a 1992 Acura (the "vehicle") after witnessing a
traffic violation in Bronx, New York. A police officer approached
the vehicle on the driver's side, where Smith was seated, and
when Smith rolled down the car window, the officers smelled the
strong odor of marijuana emanating from the vehicle. During a
subsequent pat-down of Smith and the other occupant of the
vehicle, Mohammed Alnohme ("Alnohme"), a police officer detected
a firearm in Alnohme's waistband Both Smith and Alnohme were
placed under arrest. Officers then searched both individuals, and
during the search of Alnohme they recovered a switchblade and 28
bags containing a substance believed to be marijuana. During a
search of the vehicle, police officers recovered two large bags
containing a total of approximately one pound of marijuana. Smith
subsequently admitted to police officers that he was planning to
purchase marijuana from Alnohme before driving to Pennsylvania.
Smith was re-arrested by federal authorities on June 23, 2003
and was charged with the instant offense in an indictment filed
on September 22, 2003. He allocuted as guilty to the sole charge
of the indictment ...