The opinion of the court was delivered by: Sweet, D.J.
On May 5, 2005, Defendant Brandon Green ("Green") pled guilty to conspiracy to distribute and posses with intent to distribute heroin, in violation of 21 U.S.C. § 846. For the reasons set forth below, Green will be sentenced to 84 months' imprisonment and a six-year term of supervised release. A special assessment of $100 is mandatory and is due immediately.
On May 6, 2004, the government filed a sealed indictment against Green and his co-defendants, charging them with a single count of conspiracy to distribute and possess with intent to distribute one kilogram and more of heroin. The indictment was unsealed on May 11, 2004, and an arrest warrant for Green was issued the same day. Green was arrested on June 2, 2004, and has remained in custody without bail since that time. On May 5, 2005, Green appeared before the Court and pled guilty to conspiracy to distribute and possess with intent to distribute heroin, in violation of 21 U.S.C. § 846, but made no admission as to the amount of drugs involved. Green is scheduled to be sentenced on December 4, 2006.
In accordance with the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (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 (the "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 114-15.
Green was born on February 26, 1983, the Bronx, New York. Green was raised mainly by his mother, a home attendant, and does not have a close relationship with his father, who did not live in the home.
Green began using drugs at an early age. He reports that he used marijuana on a daily basis from the age of twelve, used cocaine from the age of sixteen, and also has used ecstasy. Green also became involved in dealing drugs himself. Shortly before his arrest for the instant offense, ...