Docket Vs ZNK Case Summary
IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
UNITED STATES OF AMERICA PRESENTENCE INVESTIGATION REPORT Vs. Black Brown Docket No. CR 86-o4o-78-ZNK
Prepared for: The Honorable Larro D. Oliphant U.S. District Judge
Prepared by: Nacolia R. Edwards U.S. Probation Officer Detroit, MI 48264 (313) 708-4467
Assistant U.S. Attorney Defense Counsel
Mr. Sean Carter Mr. Ricky Ross
United States Courthouse 101 Jefferson Street
Detroit, MI 48264 Detroit, MI 48264
(313) 468-2112 (313) 978-8672
Sentence Date: April 17, 2009
Offense: Count one: Conspiracy to distribute 5 kilos of crack cocaine in Violation of Title 21, U.S.C. 841(a) …show more content…
and (b) Count two: Knowingly, intentionally and unlawfully distributing Violation of 21 U.S.C. 841(a) and (b)
Release Status: Detained without bail
Detainers: None
Codefendants: Frank White-CR 86-977-51
Related Cases: None
Date Report Prepared: 3/15/08 Date Report Revised: 3/4/08
Identifying Data:
Date of Birth: 11/26/86
Age: 22
Race: African American
Sex: Male
S.S.#: 777-93-1111
F.B.I. #: 923-88-3461
U.S.M. #: 95655-814
Education: Diploma
Dependents: Zero
Citizenship: U.S.
Legal Address: 20538 Joy Rd. Detroit, MI 48228
Aliases: None
Part A. The Offense
Charges and Convictions
1. Black Brown was sentence after pleading guilty to conspiracy to distribute 5 kilos Cocaine base, in violation of Title 21, United States Code, Sections 841(a) (1) and (b) (1) (B), and to distribution of 5 kilos of cocaine base, in violation of Title 21, United States Code, Sections 841(a) and (b).The grand jury charged Black Brown and his co-defendant Frank White, who is not defended in this presentencing investigation report. Frank White is also involved in his own case with prior charges separate from the defendant Black Brown. Specifically, Black Brown and his Co-defendant were charged in Count One with conspiracy to “distribute 5 kilos of a mixture and substance containing a detectable amount of cocaine base.
2. Count Two pertained only to codefendant Frank White. Count Three charged Black Brown with “knowingly, intentionally, and unlawfully distributing 5 kilos of a mixture and substance containing a large amount of cocaine base” on about November 14, 2008, a
Violation of 21 U.S.C. 841(a) and (b).
The offence Conduct
3. This case was initiated by the Drug Enforcement Administration in February and March 2008, Brown and co-defendant Frank White was being investigated for drug trafficking. 4. On February 9th 2008 the investigation of Black Brown started. Brown was spotted arriving at 20538 Chicago Street in a suburban neighborhood where he lived, according to an Under Cover Agent that has been associated with Brown for several months. As Brown pulled in the driveway of his home he and co-defendant Frank White was getting out a 2008 Benz z7k, while both carrying black Nike book bags to the house. When Brown and White entered the house in plain view Brown starting unloading the black Nike book bags of money on the table which appeared to be the kitchen. White then unloaded his book bag, which he pulled out five kilos of crack cocaine onto the table. At this time it was also visual that Brown was counting the money and having a fluent conversation with White. White then stacked up the five kilos of crack cocaine and headed to another part of the house. White returns to the front of the home and picks up the book bag while talking to Brown, Brown then takes the money and puts in a shoe box that was already on the table when Brown and White first arrived to at the house.
5. According to our U.C.A., better known as Duke, when under cover. Duke has a confidential informant that knows Frank White who turned Duke on to Brown. The U.C.A. became friends with Brown to get him comfortable with letting Duke on the low down of Brown’s illegal activities. Duke told Brown that he knew a better connect for a cheaper price on crack cocaine, Brown ask Duke to set the meeting up Between the Connect and White because White handled the merchandise while Black Brown secures the money. On February, 2008, the U.C.A.
(Duke) telephoned Black Brown and arranged for the purchase of 5 kilos of crack cocaine. Duke later traveled to the meeting location, at 539 seven mile, Detroit, Michigan, and advised the agents in charge of the case that the vehicle of connect man was at the residence. Moments later, Brown and White drove up to the home in a black Benz. Duke informed Black that he had the five kilos of crack cocaine but Duke would have to go get it from the connect man at the “trap.” (The trap is a drug-dealing location used to avoid association with the drug dealers.) The U.C.A. traveled to the trap, met with Connect man and purchased five kilos of crack cocaine for $100,000 in cash Brown then called the U.C.A. to report that the 1/4 that remained of the transaction would arrive at the location shortly to buy crack cocaine from U.C.A. for $1,575. During a telephone call with Brown, Duke was told that the “mail box” 1/4 of crack would be ready shortly. Duke then told Brown to meet him “up top,” which was a code for Connect man’s “trap” on seven mile in Detroit. Duke and Brown later met at the location on seven mile and transacted the 1/4 crack cocaine that was the other part of the original deal on 5 kilos purchase and sale of cocaine. The crack cocaine retrieved weighed 1/4 …show more content…
grams. The agents later retrieved the crack cocaine, which weighed 5 kilos. On March 14, 2008, the U.C.A. arranged to consummate another transaction which turned out to be the due date of the drug bust on Black Brown and Frank White. There were over 500,000 retrieved from the home of Black Brown. There was also the five kilos the D.E.A. got (which was the connect man) from subjects. When agents bust in the home the two men did not resist arrest. Black Brown home was furnished with expensive merchandise, along with two bedrooms full of brand new shoes, clothes, jewelry.
Victim Impact
There are no victims in this offence.
Adjustment for Observation of Justice
The defendant did not attempt to flee prior to his arrest. The probation officer has no other information to suggest that the defendant did not obstruction justice.
Adjustment for Acceptance of Responsibility
The defendant did not attempt to flee when arrested. The probation officer has no information to suggest that the defendant did adjust accepting his responsibility.
Offense Level Computation
The 2008 edition of the Guidelines Manual has been used in this case.
Base offense Level
The guidelines of a 39 U.S.C.678 offense is found in U.S.S.G. 2H1.2. That section provides that the base offense level for a narcotics conspiracy shall be the same as if the object of the conspiracy or attempt had been completed. In this case, the defendant conspired to distribute five kilos of crack cocaine. In accordance with the provisions found in U.S.S.G. 2.H.1.1 (a). The base offense level is 25.
Specific Offense Characteristic: There was no specific characteristic found on Brown that will give him points against offence narcotics. The offense level isn’t increased by a level.
Victim Related Adjustments: None
Adjustment for Role in the offense: None
Adjustment for Obstruction of Justice: None
Adjustment for Acceptance of Responsibility: The defendant has shown recognition of responsibility for the offense and a reduction for two levels for Acceptance of Responsibility is applicable under U.S.S.G.6F2.2.
Total Offense Level: 23
PART B THE DEFENDENTS CRIMINAL HISTORY
Juvenile Adjudications
Date of Arrest Conviction/court Date Sentence Imposed Guidelines Points
2/9/1996 Intent to distribute 9/11/1997 89z1.1 (a)
Age: 10 controlled substance 6 months Class:WW felony, JDC Detroit Juvenile Court Detroit, Michigan AKA # 25735
The defendant was represented with counsel. Brown was spotted on Joy Rd. and Burt Rd. by Detroit Police Officer on a call that there was a young boy selling drugs in the neighborhood in front of Joy Liquor store. As the officer was pulling up on the store he observed Brown handing individual marijuana. Brown scattered down Burt Rd. until another officer arriving on the scene caught Brown on foot. Brown was arrested, the officer found one ounce of marijuana on Brown along with marijuana paraphernalia and 900 hundred dollars in cash. By the Juvenile Court Brown was placed in Juvenile Detention Center for six months. September 11, 1997.
Date of Arrest Conviction/court Date Sentence Imposed Guidelines Points
8/26/2002 Distributing controlled 11/26/02 89z1.1 (b)
Age: 16 substance Class:GH 7/15/2004 Felony, Detroit, Juvenile 2 years Court Detroit, Michigan JDC AKA # 77481
The defendant was represented by counsel Brown was arrested by Detroit Police Officers caught Brown handing a baggy to a individual after Brown collected the money as officer was pulling up on him on seven mile and Hayden Street. Brown had surrendered officer before they got out of the vehicle to arrest Brown. Brown was found with 5 ounces of crack cocaine and 2,000 dollars in cash. By the Juvenile Court Brown was placed in Juvenile Detention Center for 2 years. July 15, 2004.
Adult Criminal Convictions
Date of Arrest Conviction/court Date Sentence Imposed Guidelines Points
4/18/05 criminal sales of 7/17/2005 89z1.1 (a)
Age: 19 controlled substance 1 year Class: DY Felony, Municipal Court Detroit, Michigan AKA #111735
The defendant was represented by counsel. The defendant Black Brown was arrested by the Detroit Police after being investigated for several months. Brown was seen with drug dealer partner Frank White who was seen going back and fourth to the house on 4235 Evergreen, while meeting an Under Cover police officer to negotiate a deal of 20 pounds of marijuana for 18,000 dollars in cash. Brown and White was arrested on there arrival to Black Brown home. In Brown’s car the officer found 20,000 in cash and dime bag of marijuana. By the Municipal Court Brown was placed in Detroit County Jail for 1 year.
Criminal History Computation
The criminal conviction results in a subtotal criminal history score of 30.
At the time that the instant offense was committed, the defendant was not probation for his juvenile behavior July 15, 2004, offense. In accordance with the provision of U.S.S.G.89z1.1 (t), Zero points are added.
The instant offense was committed two years later following Brown’s July 15, 2004 Black Brown had no prior offenses nor while on probation for six months as a juvenile U.S.S.G.89z1.1(t), zero points are added.
The total criminal history score is 30 and according to the sentencing table found in chapter 3, part b.5to 9 criminal history points establish a criminal history of category of Z. the defendant criminal history category isn’t enhanced even though he is a criminal he is not a career criminal.
The defendant Black Brown four prior felony conviction two as a juvenile two as an adult, involving controlled substances and as such pursuant to the provisions found in U.S.S.G. 751.1. Brown is not a career criminal but his criminal history category must be Z.
Part C. Offender Characteristics
Personal and Family Data
Black Brown was born on November 26, 1986, in Detroit Michigan. He was the only child to Nino and Purple Brown. His parents were married in 1985 and maintained a home in the suburbs, his parents both were longtime employees at General Motors. The defendant stated that they function good as a family. In the winter of 1995 Black
Brown parents died in a fatal crash on the 94 freeway by a drunk driver. Black Brown elderly grandmother Royal Flowers was his guardian. Royal Flowers moved into Nino and Purple home to accommodate Black so he doesn’t it have change his atmosphere, not only that his parents left Brown a college fund, and money will and also left Black the house and car. Royal Flowers and Black were very close as well. In 2002 the defendant Black Brown stated that his grandmother Royal Flowers told him that she had cancer that was too late to save and that she could die any day. While Browns grandmother was dying, he attended high school all the way to graduation the day after Brown’s graduation his grandmother pass, the defendant stated his grandmother held on long enough to take care of himself, up until he was mislead by his friends.
Brown wasn’t married but had previous girlfriends. Brown’s last girl friend
Syuari Davis age 19 at the time was pregnant with his child but had a miscarriage 5months into the pregnancy.
Physical Conditions
Black Brown is 22years old of age, 6’5 tall and weighs 200 pounds. Brown eye’s and black hair, connected goatee. Brown is in good health, Black Brown medical records states he is in good health as well just have allergies.
Mental and Emotional Health
The defendant said that he has seen a psychiatrist provided by his school when his parents died and again in high school after the passing of his grandmother. Brown’s psychiatrist Dr. Lilly Wiley notes stated the defendant reacted normal as any child would to a tragic death of his parents. The death of his grandmother was boarder line unstable because he had already suffered a great lost with his parents, so the deaths of his grandmother push his stability to weird because he showed no emotions towards his grandmother death. After 6 months of being evaluated by Dr. Wiley. Brown was put back on a normal scale.
Substance Abuse
Brown states that he never engaged into alcohol. At the age of 10 years old, Brown secretly smoked regularly marijuana everyday up until this very day. During Mr. Brown six months probation he was force to stop because there was mandatory urine test every visit to Mr.Brown probation officer. Brown never attended any substance abuse treatments.
Educational and Vocational Skills
Brown attended Herman C. Rogers Academy. He went all the way through high school even though at 16 he went to Juvenile Detention Center he was able to pick up the courses he needed to pass 10th grade, when he was released from the juvenile detention center, he continued going to Rogers Academy all the way through he graduated with a 2.67 grade point average. Brown stated that he planned going to college because that was the plan his parents set for him to go.
Employment Record
Black Brown employment record is short. Brown’s first place of employment was Technicolor a V.H.S. and D.V.D. distributing company, he worked at Technicolor for a year while he was in the 11th grade. This is the only job experience the defendant has had due to having an automatic income he gets from his parents and grandmother death. The defendant last employer was contacted and they said the only reason for the defendant not keeping the job is the demand got low and they laid workers off and the defendant was one of them. The employer stated that Brown was a good respectful worker and that when the demand is back on high he would have no problem hiring Brown back even with him criminal background.
Financial Conditions: Ability to Pay
The defendant prepared signed financial statement, wherein he reported that he has assets that his parents and grandmother left along with a check from the state.
His counsel has been appointed by the court, and recent credit bureau inquiry reveals that Mr.Brown has established credit and his credit score is 650 fairly well score. Upon Brown’s release he will be financially dependant on himself, he will be stable financially.
PART D. SENTENCING OPTION
Custody
Statutory Provisions: The minimum term of imprisonment for this offense, Class A felony, is ten years, and the maximum term of imprisonment is life, pursuant to 21 U.S.C. 864 and 841(a).
Guideline Provisions: based on an offense level of 25 and a criminal history category the guideline range of imprisonment is 200 to 150 months.
Impact of Plea Agreement
Under the plea agreement Black Brown sentence after pleading guilty to conspiracy to distribute 5kilos crack cocaine base, in violation of Title 21, United States Code, Sections 841(a)(1) and(b)(1)(B), and to distribution of 50 grams or more of cocaine base, in violation of Title 21, United States Code, Sections 841(a) and (b).
Supervised Release
Statutory Provisions: In terms of imprisonment is imposed, is a term of supervised release of five years must also be imposed, pursuant to 21U.S.C. 893 and 854
(t)
Guidelines provision: the guidelines range for a term of supervised release is at lease five years, pursuant U.S.S.G. 89HK 2.2 (a)
Probation:
Statutory Provisions: The defendant is eligible after serve sentence, pursuant to 21 U.S.C. 864 and 841(a).
Guideline Provisions: the defendant is eligible for probation, pursuant U.S.S.G. 89HK 2.2 (a).
Fines
Statutory Provisions: The maximum fines for this offence are 50,000, pursuant to 21 U.S.C. 864 and 841(a).
A special assessment of $75 is mandatory, pursuant to 21U.S.C. 893 and 854 (t).
Guideline Provisions: Pursuant U.S.S.G. 89HK 2.2 (a) the minimum fine for this offense is 25, 000, and maximum is 50,000.
Restitution:
Restitution is not an issue with this case.
Denial of Benefits
Statutory Provisions: Pursuant to pursuant to 21U.S.C. 893 and 854, upon a second conviction for controlled substances, a defendant may be declared ineligible for any or all federal benefits for up to five years.
Guideline Provisions: Pursuant to pursuant U.S.S.G. 89HK 2.2, the court may deny eligibility for certain federal benefits of any individual convicted of distribution or possession of a controlled substance.
The assistant U.S. attorney has filed a motion pursuant to 21U.S.C. 893 and 854 (t) and pursuant U.S.S.G. 89HK 2.2 (a), advising that the defendant has provided substantial assistance to the Government Accordingly, the Government will recommend a sentence below the mandatory minimum sentence and applicable guideline range.
Respectfully submitted,
Chief U.S. Probation Officer
By Nacolia R. Edwards U.S. Probation Officer
Approved:
Mark T. Clark Date April 18, 2009
Supervising U.S. Probation Officer
SENTENCING RECOMMENDATION
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OREGON
UNITED STATES V. MICHEAL MALI DKT # CR 86-o4o-78-ZNK
TOTAL OFFENSE LEVEL: 25
CRIMINAL HISTORY CATEGORY: V
Statutory Provisions Guideline Provisions Recommended Sentence
CUSTODY: 10 years to life 200 to 150 months 180 months
PROBATION: eligible eligible eligible
SUPERVISE 5 years At least 5 years 5 years
RELEASE:
FINE: 50,000 25,000 to 50,000 $0
RESTITUTION: Not applicable Not applicable Not applicable
SPECIAL
ASSESSMENT: $75 $75 $75
Justification:
The defendant Mr.Brown has a small juvenile record, but has made these mistakes at a very young age due to the passing of his parents and hanging with the wrong crowd to get in the serious criminal life of dealing drugs. As an adult the defendant created serious drug crimes for himself. A sentence of 5 years, this imprisonment is appropriate at this moment, but when he is released he will be appropriate to community release.
The defendant upon his release is appropriate to be release back into the community.
Voluntary Surrender
The defendant was voluntary to surrender to the arresting officer at the time of the crime. Brown is eligible for voluntary surrender in accordance with the provision found to 21U.S.C. 893 and 854 (t).
Recommendation
It is respectfully recommended that sentence in this case be imposed as follows:
Pursuant to the Sentencing Reform Act of 1988, it is the judgment of the court that the defendant, Black Brown, is hereby committed to the Supervised Release of the Bureau of Probation to be imprisonment for a term of 64 months.
The defendant upon release will be placed on Supervised Release for a term of five years or less
While on supervised release, the defendant shall not commit another federal, state, or local crime. The defendant shall be prohibited from possessing a firearm or other dangerous devices, and he shall not possess a controlled substance. In addition, the defendant shall participate in a program of testing drug abuse, as directed by the probation officer, until such time as the defendant is THE COURT FINDS that the defendant does not have to ability to pay a fine.
IT IS ORDERED that the defendant pay a special assessment in the amount of $75 for count one which shall be due immediately.
UNITED STATES OF AMERICA PRESENTENCE INVESTIGATION REPORT Vs. Black Brown Docket No. CR 86-o4o-78-ZNK
Prepared for: The Honorable Larro D. Oliphant U.S. District Judge
Prepared by: Nacolia R. Edwards U.S. Probation Officer Detroit, MI 48264 (313) 708-4467
Assistant U.S. Attorney Defense Counsel
Mr. Sean Carter Mr. Ricky Ross
United States Courthouse 101 Jefferson Street
Detroit, MI 48264 Detroit, MI 48264
(313) 468-2112 (313) 978-8672
Sentence Date: April 17, 2009
Offense: Count one: Conspiracy to distribute 5 kilos of crack cocaine in Violation of Title 21, U.S.C. 841(a) …show more content…
and (b) Count two: Knowingly, intentionally and unlawfully distributing Violation of 21 U.S.C. 841(a) and (b)
Release Status: Detained without bail
Detainers: None
Codefendants: Frank White-CR 86-977-51
Related Cases: None
Date Report Prepared: 3/15/08 Date Report Revised: 3/4/08
Identifying Data:
Date of Birth: 11/26/86
Age: 22
Race: African American
Sex: Male
S.S.#: 777-93-1111
F.B.I. #: 923-88-3461
U.S.M. #: 95655-814
Education: Diploma
Dependents: Zero
Citizenship: U.S.
Legal Address: 20538 Joy Rd. Detroit, MI 48228
Aliases: None
Part A. The Offense
Charges and Convictions
1. Black Brown was sentence after pleading guilty to conspiracy to distribute 5 kilos Cocaine base, in violation of Title 21, United States Code, Sections 841(a) (1) and (b) (1) (B), and to distribution of 5 kilos of cocaine base, in violation of Title 21, United States Code, Sections 841(a) and (b).The grand jury charged Black Brown and his co-defendant Frank White, who is not defended in this presentencing investigation report. Frank White is also involved in his own case with prior charges separate from the defendant Black Brown. Specifically, Black Brown and his Co-defendant were charged in Count One with conspiracy to “distribute 5 kilos of a mixture and substance containing a detectable amount of cocaine base.
2. Count Two pertained only to codefendant Frank White. Count Three charged Black Brown with “knowingly, intentionally, and unlawfully distributing 5 kilos of a mixture and substance containing a large amount of cocaine base” on about November 14, 2008, a
Violation of 21 U.S.C. 841(a) and (b).
The offence Conduct
3. This case was initiated by the Drug Enforcement Administration in February and March 2008, Brown and co-defendant Frank White was being investigated for drug trafficking. 4. On February 9th 2008 the investigation of Black Brown started. Brown was spotted arriving at 20538 Chicago Street in a suburban neighborhood where he lived, according to an Under Cover Agent that has been associated with Brown for several months. As Brown pulled in the driveway of his home he and co-defendant Frank White was getting out a 2008 Benz z7k, while both carrying black Nike book bags to the house. When Brown and White entered the house in plain view Brown starting unloading the black Nike book bags of money on the table which appeared to be the kitchen. White then unloaded his book bag, which he pulled out five kilos of crack cocaine onto the table. At this time it was also visual that Brown was counting the money and having a fluent conversation with White. White then stacked up the five kilos of crack cocaine and headed to another part of the house. White returns to the front of the home and picks up the book bag while talking to Brown, Brown then takes the money and puts in a shoe box that was already on the table when Brown and White first arrived to at the house.
5. According to our U.C.A., better known as Duke, when under cover. Duke has a confidential informant that knows Frank White who turned Duke on to Brown. The U.C.A. became friends with Brown to get him comfortable with letting Duke on the low down of Brown’s illegal activities. Duke told Brown that he knew a better connect for a cheaper price on crack cocaine, Brown ask Duke to set the meeting up Between the Connect and White because White handled the merchandise while Black Brown secures the money. On February, 2008, the U.C.A.
(Duke) telephoned Black Brown and arranged for the purchase of 5 kilos of crack cocaine. Duke later traveled to the meeting location, at 539 seven mile, Detroit, Michigan, and advised the agents in charge of the case that the vehicle of connect man was at the residence. Moments later, Brown and White drove up to the home in a black Benz. Duke informed Black that he had the five kilos of crack cocaine but Duke would have to go get it from the connect man at the “trap.” (The trap is a drug-dealing location used to avoid association with the drug dealers.) The U.C.A. traveled to the trap, met with Connect man and purchased five kilos of crack cocaine for $100,000 in cash Brown then called the U.C.A. to report that the 1/4 that remained of the transaction would arrive at the location shortly to buy crack cocaine from U.C.A. for $1,575. During a telephone call with Brown, Duke was told that the “mail box” 1/4 of crack would be ready shortly. Duke then told Brown to meet him “up top,” which was a code for Connect man’s “trap” on seven mile in Detroit. Duke and Brown later met at the location on seven mile and transacted the 1/4 crack cocaine that was the other part of the original deal on 5 kilos purchase and sale of cocaine. The crack cocaine retrieved weighed 1/4 …show more content…
grams. The agents later retrieved the crack cocaine, which weighed 5 kilos. On March 14, 2008, the U.C.A. arranged to consummate another transaction which turned out to be the due date of the drug bust on Black Brown and Frank White. There were over 500,000 retrieved from the home of Black Brown. There was also the five kilos the D.E.A. got (which was the connect man) from subjects. When agents bust in the home the two men did not resist arrest. Black Brown home was furnished with expensive merchandise, along with two bedrooms full of brand new shoes, clothes, jewelry.
Victim Impact
There are no victims in this offence.
Adjustment for Observation of Justice
The defendant did not attempt to flee prior to his arrest. The probation officer has no other information to suggest that the defendant did not obstruction justice.
Adjustment for Acceptance of Responsibility
The defendant did not attempt to flee when arrested. The probation officer has no information to suggest that the defendant did adjust accepting his responsibility.
Offense Level Computation
The 2008 edition of the Guidelines Manual has been used in this case.
Base offense Level
The guidelines of a 39 U.S.C.678 offense is found in U.S.S.G. 2H1.2. That section provides that the base offense level for a narcotics conspiracy shall be the same as if the object of the conspiracy or attempt had been completed. In this case, the defendant conspired to distribute five kilos of crack cocaine. In accordance with the provisions found in U.S.S.G. 2.H.1.1 (a). The base offense level is 25.
Specific Offense Characteristic: There was no specific characteristic found on Brown that will give him points against offence narcotics. The offense level isn’t increased by a level.
Victim Related Adjustments: None
Adjustment for Role in the offense: None
Adjustment for Obstruction of Justice: None
Adjustment for Acceptance of Responsibility: The defendant has shown recognition of responsibility for the offense and a reduction for two levels for Acceptance of Responsibility is applicable under U.S.S.G.6F2.2.
Total Offense Level: 23
PART B THE DEFENDENTS CRIMINAL HISTORY
Juvenile Adjudications
Date of Arrest Conviction/court Date Sentence Imposed Guidelines Points
2/9/1996 Intent to distribute 9/11/1997 89z1.1 (a)
Age: 10 controlled substance 6 months Class:WW felony, JDC Detroit Juvenile Court Detroit, Michigan AKA # 25735
The defendant was represented with counsel. Brown was spotted on Joy Rd. and Burt Rd. by Detroit Police Officer on a call that there was a young boy selling drugs in the neighborhood in front of Joy Liquor store. As the officer was pulling up on the store he observed Brown handing individual marijuana. Brown scattered down Burt Rd. until another officer arriving on the scene caught Brown on foot. Brown was arrested, the officer found one ounce of marijuana on Brown along with marijuana paraphernalia and 900 hundred dollars in cash. By the Juvenile Court Brown was placed in Juvenile Detention Center for six months. September 11, 1997.
Date of Arrest Conviction/court Date Sentence Imposed Guidelines Points
8/26/2002 Distributing controlled 11/26/02 89z1.1 (b)
Age: 16 substance Class:GH 7/15/2004 Felony, Detroit, Juvenile 2 years Court Detroit, Michigan JDC AKA # 77481
The defendant was represented by counsel Brown was arrested by Detroit Police Officers caught Brown handing a baggy to a individual after Brown collected the money as officer was pulling up on him on seven mile and Hayden Street. Brown had surrendered officer before they got out of the vehicle to arrest Brown. Brown was found with 5 ounces of crack cocaine and 2,000 dollars in cash. By the Juvenile Court Brown was placed in Juvenile Detention Center for 2 years. July 15, 2004.
Adult Criminal Convictions
Date of Arrest Conviction/court Date Sentence Imposed Guidelines Points
4/18/05 criminal sales of 7/17/2005 89z1.1 (a)
Age: 19 controlled substance 1 year Class: DY Felony, Municipal Court Detroit, Michigan AKA #111735
The defendant was represented by counsel. The defendant Black Brown was arrested by the Detroit Police after being investigated for several months. Brown was seen with drug dealer partner Frank White who was seen going back and fourth to the house on 4235 Evergreen, while meeting an Under Cover police officer to negotiate a deal of 20 pounds of marijuana for 18,000 dollars in cash. Brown and White was arrested on there arrival to Black Brown home. In Brown’s car the officer found 20,000 in cash and dime bag of marijuana. By the Municipal Court Brown was placed in Detroit County Jail for 1 year.
Criminal History Computation
The criminal conviction results in a subtotal criminal history score of 30.
At the time that the instant offense was committed, the defendant was not probation for his juvenile behavior July 15, 2004, offense. In accordance with the provision of U.S.S.G.89z1.1 (t), Zero points are added.
The instant offense was committed two years later following Brown’s July 15, 2004 Black Brown had no prior offenses nor while on probation for six months as a juvenile U.S.S.G.89z1.1(t), zero points are added.
The total criminal history score is 30 and according to the sentencing table found in chapter 3, part b.5to 9 criminal history points establish a criminal history of category of Z. the defendant criminal history category isn’t enhanced even though he is a criminal he is not a career criminal.
The defendant Black Brown four prior felony conviction two as a juvenile two as an adult, involving controlled substances and as such pursuant to the provisions found in U.S.S.G. 751.1. Brown is not a career criminal but his criminal history category must be Z.
Part C. Offender Characteristics
Personal and Family Data
Black Brown was born on November 26, 1986, in Detroit Michigan. He was the only child to Nino and Purple Brown. His parents were married in 1985 and maintained a home in the suburbs, his parents both were longtime employees at General Motors. The defendant stated that they function good as a family. In the winter of 1995 Black
Brown parents died in a fatal crash on the 94 freeway by a drunk driver. Black Brown elderly grandmother Royal Flowers was his guardian. Royal Flowers moved into Nino and Purple home to accommodate Black so he doesn’t it have change his atmosphere, not only that his parents left Brown a college fund, and money will and also left Black the house and car. Royal Flowers and Black were very close as well. In 2002 the defendant Black Brown stated that his grandmother Royal Flowers told him that she had cancer that was too late to save and that she could die any day. While Browns grandmother was dying, he attended high school all the way to graduation the day after Brown’s graduation his grandmother pass, the defendant stated his grandmother held on long enough to take care of himself, up until he was mislead by his friends.
Brown wasn’t married but had previous girlfriends. Brown’s last girl friend
Syuari Davis age 19 at the time was pregnant with his child but had a miscarriage 5months into the pregnancy.
Physical Conditions
Black Brown is 22years old of age, 6’5 tall and weighs 200 pounds. Brown eye’s and black hair, connected goatee. Brown is in good health, Black Brown medical records states he is in good health as well just have allergies.
Mental and Emotional Health
The defendant said that he has seen a psychiatrist provided by his school when his parents died and again in high school after the passing of his grandmother. Brown’s psychiatrist Dr. Lilly Wiley notes stated the defendant reacted normal as any child would to a tragic death of his parents. The death of his grandmother was boarder line unstable because he had already suffered a great lost with his parents, so the deaths of his grandmother push his stability to weird because he showed no emotions towards his grandmother death. After 6 months of being evaluated by Dr. Wiley. Brown was put back on a normal scale.
Substance Abuse
Brown states that he never engaged into alcohol. At the age of 10 years old, Brown secretly smoked regularly marijuana everyday up until this very day. During Mr. Brown six months probation he was force to stop because there was mandatory urine test every visit to Mr.Brown probation officer. Brown never attended any substance abuse treatments.
Educational and Vocational Skills
Brown attended Herman C. Rogers Academy. He went all the way through high school even though at 16 he went to Juvenile Detention Center he was able to pick up the courses he needed to pass 10th grade, when he was released from the juvenile detention center, he continued going to Rogers Academy all the way through he graduated with a 2.67 grade point average. Brown stated that he planned going to college because that was the plan his parents set for him to go.
Employment Record
Black Brown employment record is short. Brown’s first place of employment was Technicolor a V.H.S. and D.V.D. distributing company, he worked at Technicolor for a year while he was in the 11th grade. This is the only job experience the defendant has had due to having an automatic income he gets from his parents and grandmother death. The defendant last employer was contacted and they said the only reason for the defendant not keeping the job is the demand got low and they laid workers off and the defendant was one of them. The employer stated that Brown was a good respectful worker and that when the demand is back on high he would have no problem hiring Brown back even with him criminal background.
Financial Conditions: Ability to Pay
The defendant prepared signed financial statement, wherein he reported that he has assets that his parents and grandmother left along with a check from the state.
His counsel has been appointed by the court, and recent credit bureau inquiry reveals that Mr.Brown has established credit and his credit score is 650 fairly well score. Upon Brown’s release he will be financially dependant on himself, he will be stable financially.
PART D. SENTENCING OPTION
Custody
Statutory Provisions: The minimum term of imprisonment for this offense, Class A felony, is ten years, and the maximum term of imprisonment is life, pursuant to 21 U.S.C. 864 and 841(a).
Guideline Provisions: based on an offense level of 25 and a criminal history category the guideline range of imprisonment is 200 to 150 months.
Impact of Plea Agreement
Under the plea agreement Black Brown sentence after pleading guilty to conspiracy to distribute 5kilos crack cocaine base, in violation of Title 21, United States Code, Sections 841(a)(1) and(b)(1)(B), and to distribution of 50 grams or more of cocaine base, in violation of Title 21, United States Code, Sections 841(a) and (b).
Supervised Release
Statutory Provisions: In terms of imprisonment is imposed, is a term of supervised release of five years must also be imposed, pursuant to 21U.S.C. 893 and 854
(t)
Guidelines provision: the guidelines range for a term of supervised release is at lease five years, pursuant U.S.S.G. 89HK 2.2 (a)
Probation:
Statutory Provisions: The defendant is eligible after serve sentence, pursuant to 21 U.S.C. 864 and 841(a).
Guideline Provisions: the defendant is eligible for probation, pursuant U.S.S.G. 89HK 2.2 (a).
Fines
Statutory Provisions: The maximum fines for this offence are 50,000, pursuant to 21 U.S.C. 864 and 841(a).
A special assessment of $75 is mandatory, pursuant to 21U.S.C. 893 and 854 (t).
Guideline Provisions: Pursuant U.S.S.G. 89HK 2.2 (a) the minimum fine for this offense is 25, 000, and maximum is 50,000.
Restitution:
Restitution is not an issue with this case.
Denial of Benefits
Statutory Provisions: Pursuant to pursuant to 21U.S.C. 893 and 854, upon a second conviction for controlled substances, a defendant may be declared ineligible for any or all federal benefits for up to five years.
Guideline Provisions: Pursuant to pursuant U.S.S.G. 89HK 2.2, the court may deny eligibility for certain federal benefits of any individual convicted of distribution or possession of a controlled substance.
The assistant U.S. attorney has filed a motion pursuant to 21U.S.C. 893 and 854 (t) and pursuant U.S.S.G. 89HK 2.2 (a), advising that the defendant has provided substantial assistance to the Government Accordingly, the Government will recommend a sentence below the mandatory minimum sentence and applicable guideline range.
Respectfully submitted,
Chief U.S. Probation Officer
By Nacolia R. Edwards U.S. Probation Officer
Approved:
Mark T. Clark Date April 18, 2009
Supervising U.S. Probation Officer
SENTENCING RECOMMENDATION
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OREGON
UNITED STATES V. MICHEAL MALI DKT # CR 86-o4o-78-ZNK
TOTAL OFFENSE LEVEL: 25
CRIMINAL HISTORY CATEGORY: V
Statutory Provisions Guideline Provisions Recommended Sentence
CUSTODY: 10 years to life 200 to 150 months 180 months
PROBATION: eligible eligible eligible
SUPERVISE 5 years At least 5 years 5 years
RELEASE:
FINE: 50,000 25,000 to 50,000 $0
RESTITUTION: Not applicable Not applicable Not applicable
SPECIAL
ASSESSMENT: $75 $75 $75
Justification:
The defendant Mr.Brown has a small juvenile record, but has made these mistakes at a very young age due to the passing of his parents and hanging with the wrong crowd to get in the serious criminal life of dealing drugs. As an adult the defendant created serious drug crimes for himself. A sentence of 5 years, this imprisonment is appropriate at this moment, but when he is released he will be appropriate to community release.
The defendant upon his release is appropriate to be release back into the community.
Voluntary Surrender
The defendant was voluntary to surrender to the arresting officer at the time of the crime. Brown is eligible for voluntary surrender in accordance with the provision found to 21U.S.C. 893 and 854 (t).
Recommendation
It is respectfully recommended that sentence in this case be imposed as follows:
Pursuant to the Sentencing Reform Act of 1988, it is the judgment of the court that the defendant, Black Brown, is hereby committed to the Supervised Release of the Bureau of Probation to be imprisonment for a term of 64 months.
The defendant upon release will be placed on Supervised Release for a term of five years or less
While on supervised release, the defendant shall not commit another federal, state, or local crime. The defendant shall be prohibited from possessing a firearm or other dangerous devices, and he shall not possess a controlled substance. In addition, the defendant shall participate in a program of testing drug abuse, as directed by the probation officer, until such time as the defendant is THE COURT FINDS that the defendant does not have to ability to pay a fine.
IT IS ORDERED that the defendant pay a special assessment in the amount of $75 for count one which shall be due immediately.