United States District Court, S.D. New York
June 15, 2004.
UNITED STATES OF AMERICA,
BARRINGTON SMITH, Defendant.
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 on March 23, 2004 in accordance with a plea
The November 1, 2003 edition of the United States Sentencing
Commission Guidelines Manual has been utilized in this case for
The guideline for a violation of 21 U.S.C. § 812, 841(a)(1),
841(b)(1)(D), and 846 is found in U.S.S.G. § 2D1.1. As the
offense conduct involved a conspiracy to distribute and possess
with intent to distribute between 250 grams and 1 kilogram of marijuana, the Drug Quantity Table under U.S.S.G. § 2D1.1(c)(16)
sets a base offense level of 8.
Based on Smith's plea allocution and his recognition of
responsibility for the offense, the offense level is reduced by
two levels pursuant to U.S.S.G. § 3E1.1(a).
The resulting adjusted offense level is 6.
Based upon Smith's sole criminal conviction, described above,
and pursuant to U.S.S.G. §§ 4A1.2(e)(2) and 4A1.1(c), Smith has
one criminal history point, which results in a Criminal History
Category of I.
Based on these calculations, the guideline range for
imprisonment is zero to six months. The statutory maximum term of
imprisonment is five years, pursuant to 21 U.S.C. § 812,
841(a)(1), 841(b)(1)(D), and 846.
A term of supervised release of at least two years is required
if a sentence of imprisonment is imposed, pursuant to
21 U.S.C. § 812, 841(a)(1), 841(b)(1)(D), and 846. The guideline range for
a term of supervised release is at least two years but not more
than three years, pursuant to U.S.S.G. § 5D1.2(a)(2). If a
sentence of imprisonment of one year or less is imposed, a term
of supervised release is not required but is optional, pursuant
to U.S.S.G. § 5D1.1(b). Supervised release is required if a term of
imprisonment of more than one year is imposed or when required by
statute, pursuant to U.S.S.G. § 5D1.1(a).
Smith is eligible for not less than one nor more than five
years' probation by statute, pursuant to 18 U.S.C. § 3561(c)(1).
Because the offense is a felony, one of the following must be
imposed as a condition of probation unless extraordinary
circumstances exist: a fine, restitution, or community service,
pursuant to 18 U.S.C. § 3563(a)(2). Under the guidelines, Smith
is eligible for probation because the applicable guideline range
is in Zone A of the Sentencing Table, pursuant to U.S.S.G §
5B1.1(a)(1). If probation is imposed, the term must be at least
one year but not more than five years because the offense level
for the instant offense level is 6, pursuant to U.S.S.G. §
The statutory maximum fine is $250,000, pursuant to
21 U.S.C. § 812, 841(a)(1), 841(b)(1)(D), and 846. The guideline fine
range for the instant offense is from $500 to $5,000, pursuant to
U.S.S.G. §§ 5E1.2(c)(3)(A) and 5E1.2(c)(4).
Subject to Smith's ability to pay, the expected costs to the
government of any imprisonment, probation, or supervised release
shall be considered in imposing a fine, pursuant to §
5E1.2(d)(7). The most recent advisory from the Administrative
Office of the United States Courts suggests a monthly cost of $1,931.97 to be used for imprisonment, a monthly cost of $292.21
for supervision, and a monthly cost of $1,590.66 for community
A special assessment of $100 is mandatory, pursuant to
18 U.S.C. § 3013.
Pursuant to the Violent Crime Control and Law Enforcement Act
of 1994, all offenders on probation, parole or supervised release
for offenses committed after September 13, 1994, are required to
submit to one drug test within fifteen days of commencement of
probation, parole or supervised release and at least two drug
tests thereafter for use of a controlled substance, unless
ameliorated or suspended by the court due to its determination
that the defendant poses a low risk of future substance abuse as
provided in 18 U.S.C. § 3563(a)(5) and 3583(d).
Pursuant to 21 U.S.C. § 862(a)(1)(A), upon a first conviction
for distribution of a controlled substance, a defendant may be
declared ineligible for any or all federal benefits for up to
five years, as determined by the Court. Pursuant to U.S.S.G. §
5F1.6, any individual convicted of distribution or possession of
a controlled substance may be denied eligibility for certain
federal benefits. The Sentence
For the instant offense, Smith is sentenced to five years'
probation. A special assessment fee of $100 payable to the United
States is mandatory and due immediately. As Smith lacks any
financial resources and in consideration of the factors listed in
18 U.S.C. § 3572, no fine is imposed.
As mandatory conditions of probation, Smith shall (1) abide by
the standard conditions of supervision (1-13); (2) not commit
another federal, state, or local crime; (3) not illegally possess
a controlled substance; (4) not possess a firearm or destructive
device; and (5) obey the immigration laws and comply with the
directives of the immigration authorities.
The mandatory drug testing condition is suspended due to
imposition of a special condition requiring drug treatment and
testing. Smith will participate in a program approved by the
United States Probation Office, which program may include testing
to determine whether Smith has reverted to using drugs or
alcohol. The release of available drug treatment evaluations and
reports to the substance abuse treatment provider, as approved by
the Probation Officer, is hereby authorized. Smith will be
required to contribute to the costs of services rendered
(co-payment), in an amount determined by the Probation Officer,
based on ability to pay or availability of third-party payment. Smith shall be supervised by the district of residence.
This sentence is subject to modification at the sentencing
hearing now set for June 17, 2004.
It is so ordered.
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