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U.S. v. SPEARMAN

November 18, 2004.

UNITED STATES OF AMERICA,
v.
PHILLIP SPEARMAN, Defendant.



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

SENTENCING OPINION

On June 23, 2004, defendant Phillip Spearman ("Spearman") pleaded guilty to one count of possession with intent to distribute a controlled substance, 21 U.S.C.A. §§ 812, 841(a), (b)(1)(c), a Class C felony.

The Offense Conduct

  In his plea allocution before Magistrate Judge Ellis, Spearman admitted that in September 2003, he was involved in picking up heroin from one individual in Manhattan and then delivering it to another individual in the Bronx. (June 23, 2004 Transcript at 14.) Spearman stated that he was aware at the time of this transaction that the person to whom the heroin was delivered was planning to sell it. (Id.) According to the superseding information, the amount of heroin possessed by Spearman was 1.5 grams. The Guidelines

  The November 5, 2003 edition of the United States Sentencing Commission Guidelines Manual (the "Guidelines") has been used in this case for calculation purposes.

  Offense Level

  The guideline for possession of less than five grams of heroin with intent to distribute is found in U.S.S.G. § 2D1.1(c)-(14), which sets a base offense level of 12.

  Acceptance of Responsibility

  Based on Spearman's plea allocution, he has shown recognition of responsibility for the offense. Pursuant to U.S.S.G. § 3E1.1(a), the offense is therefore reduced two levels from 12 to 10.

  Criminal History

  Available information indicates that Spearman was represented by counsel in all matters resulting in conviction.

  On February 5, 1982, Spearman was arrested for allegedly demanding a coat from a 14-year-old victim at knife-point. He was subsequently convicted in Bronx Supreme Court of second degree robbery.

  On April 25, 1982, Spearman was arrested for possession of a stolen stereo and tool kit. He subsequently plead guilty in Bronx Supreme Court to criminal possession of stolen property in the third degree.

  On April 13, 1985, Spearman was arrested for his alleged participation in the burglary of a Bronx apartment. He subsequently plead guilty in Bronx Supreme Court ...


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