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U.S. v. SMITH

June 15, 2004.

UNITED STATES OF AMERICA,
v.
BARRINGTON SMITH, Defendant.



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

SENTENCING OPINION

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.

Background

  The following statement of facts draws on the Presentence Investigation Report prepared by the U.S. Probation Office.

  The Defendant

  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 Jamaica.

  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 moderation.

  The Offense

  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 ...


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