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U.S. v. EWEN

December 12, 2005.

UNITED STATES OF AMERICA,
v.
ORRETT EWEN, Defendant.



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

SENTENCING OPINION

Defendant Orrett Ewen ("Ewen") has pleaded guilty to two Counts of conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 812, 841 (a) (1), 841 (b) (1) (A), and 846, Class A Felonies. Under the Guidelines and the statutory mandatory minimum sentences, Ewen would be sentenced to 240 months imprisonment and five years supervised release. His sentence is subject to modification at the sentencing hearing currently scheduled for December 8, 2005.

Prior Proceedings

  Ewen was arrested by authorities on August 26, 1998. On December 5, 2001, an information was filed in the Southern District of New York charging Ewen with two Counts of conspiracy to distribute heroin in violation of 21 U.S.C. §§ 812, 841 (a) (1), 841 (b) (1) (A), and 846. On December 5, 2001, Ewen appeared before this court and allocuted to the above charges in accordance with a plea agreement entered into with the Government. Ewen is scheduled to be sentenced on December 8, 2005.

  The Sentencing Framework

  In accordance with the Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005) and the Second Circuit's decision in United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), the sentence to be imposed was reached through consideration of all of the factors identified in 18 U.S.C. § 3553(a), including the advisory Sentencing Guidelines (the "Guidelines") establishing by the United States Sentencing Commission. Thus, the sentence to be imposed here is the result of a consideration of:
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed —
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for —
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines . . .;
(5) any pertinent policy statement . . . [issued by the Sentencing Commission];
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.
18 U.S.C. § 3553 (a). A sentencing judge is permitted to find all the facts appropriate for determining a sentence, whether that sentence is a so-called Guidelines sentence or not. See Crosby, 397 F.3d at 111.

  The Defendant

  Ewen was born in Kingston, Jamaica on June 11, 1974. Ewen indicated that he was raised in Jamaica until the age 9, when he came to the Bronx, New York to live with his mother, who had moved there previously. Prior to joining his mother, Ewen was raised my his grandmother.

  Ewen advised that he did not have much of a relationship with his father. He informed that his mother was supported by welfare benefits when he was a child, but now works as a secretary. He reports that he maintains a close relationship with his mother. Ewen also reports that he is bothered that his father was not involved in his life. He stated that he hasn't seen his father since he was about thirteen years old.

  The defendant has never been married and is not presently involved in a relationship. He has one child from a prior relationship who is thirteen years old. Ewen reports that he hasn't seen his son in about a year and has seen him just twice since he has been incarcerated.

  The defendant has no history of mental of emotional problems. He admits to the prior use of marijuana, cocaine, and acid. He informed that he has been smoking marijuana regularly since the age of thirteen and stated that he generally smoked it on a daily basis. Ewen reports that he first tried acid when he was a fourteen years old and used the drug less frequently, mostly on weekends. Ewen admitted that he last used both marijuana and acid shortly before his arrest in the instant case. He stated that he only tried cocaine once, when he was about twenty-two years old. He further stated that he first tried alcohol when he was about thirteen years old and generally consumed it on the weekends and at parties. Ewen advised that he attended one year at Adlai Stevenson High School in the Bronx, New York and was transferred to a special education school. He informed that he has difficulty reading and reads on a third grade level.

  The defendant has been incarcerated since August 1998. He advised that prior to his arrest, he worked loading trucks at the Hunts Point Market in the Bronx from 1996 until 1997, working a couple of days a week for about $100 per day. From the ages of fourteen to seventeen, Ewen reportedly worked for the NYC Summer Youth Program and performed functions such as gardening and assisting with the PAL program. He recalled earning about $100 per week at this job.

  The Offense Conduct

  The facts of this case are adopted as set forth in the Presentence Investigation report ...


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