United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On November 1, 2013, Eugene Kurochkin ("Defendant" or "Kurochkin") pled guilty to Count 1: Distributing and Possessing With the Intent to Distribute Amphetamine, Alprazolam, and Zolpidem, in violation of 21 U.S.C. § 841 (b) (1) (C), a Class C felony, and Count 2: Distributing and Possessing With the Intent to Distribute Oxycodone and Zolpidem, in violation of 21 U.S.C. § 841 (b) (1) (C), a Class C felony. For the reasons set forth below, Defendant will be sentenced to a term of 12 months' imprisonment to be followed by three years' supervised release. Defendant will also be required to pay a special assessment of $200.
Defendant was named in a two-count Indictment 12 CR 853 (RWS) in the Southern District of New York. Count 1 charges that on January 18, 2013, in the Southern District of New York and elsewhere, Defendant and others distributed and possessed with intent to distribute Amphetamine, Alprazolam, and Zolpidem, Schedule II and IV controlled substances. Count 2 charges that on January 25, 2013, in the Southern District of New York and elsewhere, Defendant and others distributed and possessed with intent to distribute Oxycodone and Zolpidem, Schedule II and IV controlled substances.
On November 1, 2013, Defendant appeared before the Honorable Michael H. Dolinger and allocuted to his criminal conduct as charged, pursuant to a written plea agreement. The plea was accepted by this Court on November 18, 2013.
Defendant's sentencing is scheduled for February 11, 2014.
The Sentencing Framework
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 Guidelines. 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 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.
The Court adopts the facts set forth in the Presentence Investigation Report ("PSR") with respect to Defendant's personal and family history.
The Offense Conduct
The following description draws from the PSR. The specific facts of the underlying conduct are adopted as set forth in that document.
In January 2013, the Federal Bureau of Investigation ("FBI") began investigating the illegal distribution legitimately manufactured pharmaceuticals including amphetamine, alprazolam, zolpidem, and oxycodone. This investigation involved the use of surveillance, the use of a confidential source ("CS"), and the consensual recordings of telephone conversations and meetings. During the course of this ...