United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE
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
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.
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.
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 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.
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. ¶ 48. Thereafter, she
has worked on and off as a member of a cleaning staff at a