United States District Court, S.D. New York
W. SWEET U.S.D.J.
October 19, 2016, Raquel Dunton ("Dunton" or
"Defendant") allocuted to one count of conspiracy
to distribute and possess with the intent to distribute crack
cocaine in violation of 21 U.S.C. § 841(b)(1)(A).
reasons set forth below, Dunton will be sentenced to 4 6
months'' imprisonment followed by three years'
supervised release, subject to the scheduled sentencing
hearing on April 20, 2017. Defendant is also required to pay
a special assessment of $100.
was named in a one-count indictment (the
"Indictment") filed in the Southern District of New
York on November 13, 2013. The indictment charges that from
2012, up to and including November 2013, the Defendant, and
others, in the Southern District of New York and elsewhere,
conspired to distribute and possess with intent to distribute
at least 28 grams, but less than 112 grams of cocaine base,
in violation of 21 U.S.C. § 841(b)(1)(A).
October 19, 2016, Dunton appeared before the Court and pled
guilty to the one count against him.
Indictment further indicates that as a result of committing
the offense charged in Count 1, Dunton shall forfeit to the
United States any property constituting or derived from any
proceeds of the offense and any property used or intended to
be used to commit or facilitate it. If any of the property
subject to forfeiture cannot be located upon the exercise of
due diligence, has been transferred to a third party, has
been placed beyond the Court's jurisdiction, has been
substantially diminished in value, or has been commingled
with other property, it is the intention of the Government to
seek forfeiture of substitute assets of any other property of
Defendant up to the value of the forfeitable property.
See 21 U.S.C. § 853.
October 19, 2016, Dunton pled guilty to the lesser-included
offense of conspiracy to distribute narcotics, pursuant to a
plea agreement which stipulates the following:
a) The November 1, 2015 Guidelines manual applies in this
b) The sentencing guideline applicable to Count 1 is 2D1.1.
c) Pursuant to 2Dl.l(a)(5) and 2Dl.l(c)(8), the base offense
level is 24 because the defendant was responsible for the
distribution of at least 28 grams but less than 112 grams of
d) 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 3El.l(a). Furthermore, assuming the
defendant has accepted responsibility as described in the
previous sentence, the Government will move at sentencing for
an additional one-level reduction, pursuant to U.S.S.G.
§ 3El.l(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.
e) In accordance with the above, the applicable Guidelines
offense level is 21.
f) Based upon the information now available to the Government
(including representations by the Defense), the Defendant has
six criminal history points. As a result, the defendant's
Criminal History Category is III.
g) Based upon the calculations set forth above, the
Defendant's stipulated guideline range is 46 to 57
months' imprisonment (the "Stipulated Guidelines
Range"). In addition, after determining Defendant's
ability to pay, the Court may impose a fine pursuant to
5E1.2. At Guidelines level 21, pursuant to U.S.S.G. §
5E1.2(h)(1), the applicable fine range is $7, 500 to $1, 000,
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 ...