The opinion of the court was delivered by: ROBERT SWEET, District Judge
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.
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.
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
(C) to protect the public from further crimes of the
(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
(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
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.
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 facts of this case are adopted as set forth in the
Presentence Investigation report ...