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