United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On May 9, 2013, Jessie Spiller ("Spiller" or the "Defendant") pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute Cocaine in violation of 21 U.S.C. §846, a Class B Felony. For the reasons set forth below, Spiller will be sentenced to 60 months' imprisonment to be followed by a period of 4 years' supervised release. Spiller shall forfeit to the United States any and all property constituting or derived from any proceeds the Defendant obtained directly or indirectly as a result of the said violation and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the narcotics violation alleged in Count 1, including but not limited to a sum of money representing the amount of proceeds obtained as a result of the controlled substance offense for which Defendant is liable. Defendant is also required to pay a special assessment of $100.
Defendant was named in a one-count Information 13-CR-223 (RWS) in the Southern District of New York on March 25, 2013. Count 1 charges that from at least September 2012, in the Southern District of New York and elsewhere, Spiller and others conspired to distribute and possessed with the intent to distribute 500 grams and more of mixtures and substances containing a detectable amount of cocaine, in violation of 21 U.S.C. § 841 (b) (1) (B).
On May, 9, 2013, Defendant appeared before the Honorable Gabriel W. Gorenstein in the Southern District of New York and allocuted to Count 1 in accordance with a plea agreement which stipulates the following:
a. The Guideline applicable to the offense charged in Count 1 is § 2D 1.1.
b. Pursuant to U.S.S.G. §2D1.1(c)(6), the base offense level for Count 1 is 28, because the defendant conspired to distribute and possess with the intent to distribute at least 2 kilograms, but not more than 3.5 kilograms, of cocaine.
c. Assuming the defendant clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through his allocution and subsequent conduct prior to the imposition of sentence, a two-level reduction will be warranted, pursuant to U.S.S.G. §3E1.1(a). Furthermore, assuming the defendant has accepted responsibility as described in the previous sentence, an additional one-level reduction is warranted, pursuant to U.S.S.G. §3E1.1(b), because the defendant gave timely notice of his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Court to allocate its resources efficiently.
d. In accordance with the above, the applicable Guidelines offense level is 25.
Criminal History Category
a. Based upon the information now available to the Government (including representations by the defense), the defendant has 3 criminal history points, and the defendant's Criminal History Category is II.
a. Based upon the calculations set forth above, the defendant's stipulated Guidelines range is 63 to 78 months' imprisonment, with a mandatory minimum term of 60 months' imprisonment (the "Stipulated Guidelines Range"). In addition, after determining the defendant's ability to pay, the Court may impose a fine pursuant to U.S.S.G. § 5E1.2. At Guidelines level 25, the applicable fine range is $10, 000 to $5, 000, 000.
b. The parties agree that neither a downward nor an upward departure from the Stipulated Guidelines Range set forth above is warranted. Accordingly, neither party will seek any departure or adjustment pursuant to the Guidelines that is not set forth herein. Nor will either party suggest that the Probation Office consider such a departure or adjustment under the Guidelines, or suggest that the Court consider any such departure or adjustment.
c. The parties agree that either party may seek a sentence outside of the Stipulated Guidelines Range, suggest that the Probation Office consider a sentence outside of the Stipulated Guidelines Range, and suggest that the Court consider a sentence outside of the Stipulated Guidelines Range, based upon the factors to be considered in imposing a sentence pursuant to 18 USC 3553(a).
Sentencing is scheduled for May 27, 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:
(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 ...