The opinion of the court was delivered by: Sweet, D.J.
On November 21, 2005" defendant Robert Singletary Richardson ("Richardson") pled guilty to one count of conspiracy in violation of 21 U.S.C. § 846 to distribute and possess with intent to distribute crack cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(A), a Class A felony. For the reasons set forth below, Richardson will be sentenced to a term of imprisonment of 120 months, to be followed by a five-year term of supervised release. Richardson will also be required to pay a mandatory special assessment of $100.
Richardson was arrested on June 24, 2004, and has remained in continuous custody since that date. An indictment was filed in the Southern District of New York on August 19, 2004, charging that from on or about January 10, 2003, through on or about August 5, 2003, Richardson and others conspired with each other, in violation of 21 U.S.C. § 846, to distribute 50 grams and more of cocaine base, in a form commonly known as "crack," in violation of 21 U.S.C. §§ 812, 841(a) (1), and 341(b) (1) (A). On November 21, 2005, Richardson appeared before the Honorable Henry B. Pitman of this district and pled guilty to the charged criminal conduct without the benefit of a plea agreement. Richardson's guilty plea was accepted by this Court on January 4, 2006, and he is scheduled to be sentenced on November 28, 2006.
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") established 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 offenses 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 ho 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 ...