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United States v. Davis

United States District Court, E.D. New York

June 27, 2017

UNITED STATES OF AMERICA,
v.
MARY DAVIS, Defendant.

          MEMORANDUM & ORDER

          WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE

         On January 19, 2017, Mary Davis ("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, 1 year of supervised release, and payment of a $100.00 special assessment.

         BACKGROUND

         On May 29, 2016, the United States filed a Complaint alleging Defendant and her co-defendant had unlawfully conspired to distribute and 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.

         The 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. § 3553(c)(2).

         DISCUSSION

         I. Legal Standard

         18 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.

         "The 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.

         II. Analysis

         A. The Nature and Circumstances of the Offense and the History and Characteristics of the Defendant

         The 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. § 3553(a)(1).

         Defendant was born on February 24, 1988, to married parents. Presentence Investigation Report ("PSR") ¶ 32, ECF No. 37. Her parents divorced when Defendant was seven years old, after which Defendant lived with her mother, who received financial support from Defendant's father. Id. Defendant is close with her parents and lives with her mother in Los Angeles, California. Id. Defendant has one brother and one half-brother; she is close with both. Id. ¶ 33. Her family is aware of the instant conviction and is supportive of her. Id. ¶¶ 32-33.

         Defendant graduated from high school in 2006. Id. ¶ 43. Around that time, Defendant had her first child, T.R., who is now ten. Id. ¶ 35. T.R.'s father has not had contact with his daughter for at least five years and has not provided financial support for T.R. Id. Defendant has two other children, B.L., nine years old, and J.K., three years old. Id. B.L.'s father provides financial support for B.L. and has contact with her; Defendant has not been in contact with J.K.'s father since J.K.'s birth. Id. Prior to 2014, Defendant primarily relied on financial support from her family to raise her children. Id. ΒΆ 48. Thereafter, she has worked on and off as a member of a cleaning staff at a ...


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