United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On November 13, 2008, Shaun Dozier ("Dozier" or "Defendant") was convicted after a jury trial of all three counts with which he was charged in Indictment Sl 08 CR. 008 (RWS): Count 1: conspiring to distribute, and to possess with intent to distribute, 50 grams and more of crack cocaine, in violation of 21 U.S.C. §§ 841(b) (1) (A) and 846; Count 2: distributing and possessing with intent to distribute a quantity of crack cocaine, in violation of 21 U.S.C. §§ 841(a) and 841 (b) (1) (C); and Count 3: possessing and using a firearm in furtherance of the conspiracy charged in Count 1, which firearm was discharged, in violation of 18 U.S.C. § 924 (c) (1) (A) (iii). Petitioner was sentenced on June 7, 2011 principally to the mandatory minimum term of 240 months' imprisonment.
Dozier appealed his sentence and on August 23, 2012, the Court of Appeals for the Second Circuit denied Defendant's appellate claims in their entirety. On July 18, 2013, Dozier moved this Court pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence on the grounds that his appellate attorney did not raise the applicability of the Fair Sentencing Act ("FSA") and Dorsey v. United States, 132 S.Ct. 2321 (2012) to Defendant's case. The Court granted Dozier's petition with respect to Count 1, as Count 1 charged pre-FSA quantity levels of crack cocaine and is altered by the FSA and Dorsey. See generally United States v. Dozier, Nos. 13 Civ. 5061(RWS), S1 08 Cr. 008 (RWS), 2014 WL 2854558 (June 18, 2014).
This Sentencing Opinion renders a new sentence for Defendant with respect to Count 1 and makes all guideline calculations according to the new 2014 Guidelines. This Opinion incorporates the following sections of the previous Sentencing Opinion (Dkt. No. 75) by reference: "Prior Proceedings, " "The Defendant, " "The Offense Conduct, " and "Justification for Downward Departure."
For the reasons set forth below, Dozier will be sentenced to the mandatory minimum term of 180 months' imprisonment to be followed by four years' supervised release, subject to the scheduled sentencing hearing on April 13, 2015. Dozier will also be required to pay a special assessment of $300 and to forfeit any property constituting or derived from any proceeds he obtained from the instant offenses.
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 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 ...