United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE.
January 19, 2017, Mary Adams ("Defendant") pleaded
guilty to one count of conspiracy to distribute and possess
with intent to distribute cocaine, in violation of 21 U.S.C.
§§ 846 and 841 (b)(1)(C). The Court now sentences
her and provides a complete statement of reasons pursuant to
18 U.S.C. § 3553(c)(2) of those factors set forth by
Congress and the President and contained in 18 U.S.C. §
3553(a). For the reasons discussed below, Defendant is hereby
sentenced to 12 months and 1 day of incarceration, 3 years of
supervised release, and payment of a $100.00 special
29, 2016, the United States filed a Complaint alleging
Defendant and her co-defendant had unlawfully conspired to
distribute and to possess with intent to distribute cocaine,
a Schedule II controlled substance. See Compl. at 1,
ECF No. 1. On June 7, 2016, the United States indicted
Defendant and her co-defendant on two counts: (1) conspiracy
to distribute and possess cocaine, in violation of 21 U.S.C.
§§ 846 and 841(b)(1)(C), and (2) possession of
cocaine with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1). See Indictment at 1-2, ECF No. 10.
On January 19, 2017, Defendant pleaded guilty to Count One of
the Indictment pursuant to a Plea Agreement. See
Plea Agreement ¶ 1, ECF No. 34.
Court hereby sentences Defendant and sets forth its reasons
for Defendant's sentence using the rubric of the 18
U.S.C. § 3553(a) factors pursuant to 18 U.S.C. §
U.S.C. § 3553 outlines the procedures for imposing
sentence in a criminal case. If and when a district court
chooses to impose a sentence outside of the Sentencing
Guidelines range, the court "shall state in open court
the reasons for its imposition of the particular sentence,
and .. . the specific reason for the imposition of a sentence
different from that described" in the Guidelines. 18
U.S.C. § 3553(c)(2). The court must also "state
with specificity" its reasons for so departing "in
a statement of reasons form[.]" Id.
sentencing court's written statement of reasons shall be
a simple, fact-specific statement explaining why the
guidelines range did not account for a specific factor or
factors under § 3553(a)." United States v.
Davis, 08-CR-0332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar.
29, 2010) (Weinstein, J.). Section 3553(a) provides a set of
seven factors for the Court to consider in determining what
sentence to impose on a criminal defendant. The Court
addresses each in turn.
The Nature and Circumstances of the Offense and the History
and Characteristics of the Defendant
first § 3553(a) factor requires the Court to evaluate
"the nature and circumstances of the offense and the
history and characteristics of the defendant." 18 U.S.C.
was born on October 27, 1960, in Los Angeles, California, to
unmarried parents. Presentence Investigation Report
("PSR") ¶ 39, ECF No. 35. Defendant never met
her father and was raised primarily by her maternal
grandparents, as her mother was only twelve years old when
Defendant was born. Id. ¶¶ 39, 41.
Defendant's mother later married Defendant's
stepfather when Defendant was nine years old, but the
relationship was volatile, so Defendant continued to live
with her grandparents. Id. ¶¶ 41-42. Even
so, Defendant reports having had good relationships with her
mother, who passed away in 1997, and her four maternal
half-siblings. Id. ¶¶ 39-40. When
Defendant was young, her grandmother supported the household
by working as a housekeeper and later with the Sheriffs
Department; Defendant's grandmother is still alive but
suffers from Alzheimer's. Id. ¶ 41.
Defendant visits her grandmother every day. Id.
had her first daughter, V.S., when she was seventeen, at
which time she moved back in with her mother. Id.
¶ 43. V.S.'s father did not provide child support or
maintain contact with his daughter or Defendant. Id.
When V.S. was six, she was diagnosed as being developmentally
disabled-specifically, as suffering from psychosis.
Id. V.S. is now 38 and her mother remains her
primary caregiver, as V.S. cannot care for herself beyond the
simplest tasks. Id. V.S.'s behavioral issues
make it difficult to find alternative care for her.
Id. For instance, when Defendant was ...