Opinion
00 Cr. 787-01 (RWS)
June 2, 2003
SENTENCING OPINION
On October 12, 2002, Shawann Bradshaw ("Bradshaw") pled guilty to one count of conspiracy to deal in firearms without a license in violation of 18 U.S.C. § 922 (a)(1)(A) and one count of distribution and possession with intent to distribute narcotics in violation of 21 U.S.C. § 812, 841(a)(1) and 841(b)(1)(A).
Offense Conduct
This investigation was conducted by agents of the Bureau of Alcohol, Tobacco and Firearms ("ATF"). ATF agents conducted several interviews of Bradshaw from November 16, 1999 to December 6, 1999. During those interviews, Bradshaw provided the following information.
Bradshaw purchased two guns in Tennessee on behalf of David Mitchell ("Mitchell"), Bradshaw's uncle. Before he purchased the guns, Bradshaw knew that Mitchell could not buy guns for himself because he had a criminal record. Mitchell gave Bradshaw money with which to purchase guns and paid him for buying the guns.
Mitchell asked Bradshaw to purchase guns for him so that Mitchell could sell those guns to an individual referred to as "Carl" or "C." Mitchell introduced Bradshaw to "C" at Mitchell's residence in Tennessee. "C" then asked Bradshaw if he could buy him guns. Bradshaw agreed to buy guns for "C" in exchange for the cost of the gun plus an extra $25 to $30 per gun.
Bradshaw bought approximately ten guns in Tennessee for "C." "C" paid for the guns that Bradshaw gave to "C."
On several occasions from January 1, 1999 to September 21, 1999, "C" traveled to Tennessee from either Pennsylvania or New York, and stayed in Tennessee for approximately one to three weeks each time. When "C" traveled to Tennessee, he often drove rental cars and stayed at a hotel on the highway.
"C" told Bradshaw that he was from a specific neighborhood in "Uptown" Manhattan. "C" gave Bradshaw a telephone number with a (212) area code so that Bradshaw could contact him in New York. Bradshaw identified "C" as a black male, possibly part Hispanic, curly hair, 21 to 22 years old, who was 6'1" and 170 pounds.
ATF agents interviewed Jimmy Lee Owens ("Owens") from October 5, 1999 to November 19, 1999. During those interviews, Owens provided the following information.
Owens met Mitchell across the street from Owens' residence. In or about April or May 1999, Mitchell approached Owens, requested that he purchase guns for him, and told him that he could not purchase guns for himself because he had a criminal charge against him.
Owens agreed to buy Mitchell guns for $25 per gun. Mitchell gave Owens money to purchase guns, told him what guns to buy, paid him $25 per gun, and kept the guns he bought. Owens made five separate gun purchases in Tennessee, purchasing a total of ten guns for Mitchell.
When Owens asked Mitchell what he was going to do with the guns, Mitchell responded that he had contacts who would help him distribute the guns.
Owens knew Mitchell, Bradshaw and "C." In or about June or July 1999, Mitchell shot handguns in Tennessee with Bradshaw and Bradshaw's girlfriend.
ATF agents reviewed a criminal history sheet for Mitchell, and confirmed that Mitchell had a prior felony conviction.
While in Tennessee, ATF agents visited the residence of Owens, and Bradshaw, and determined that those residences are across the street from each other.
ATF agents reviewed records of gun purchases maintained by ATF, which confirm that Bradshaw purchased at least fourteen handguns in Tennessee from February 25, 1999 to May 26, 1999, and that Owens purchased at least ten handguns from May 13, 1999 to July 1, 1999.
ATF agents obtained telephone records for the New York telephone number that "C" gave to Bradshaw. Using that information, agents were able to identify "C" as Carl Harrison ("Harrison"). Moreover, the photograph of Harrison from law enforcement records matched the description that Bradshaw provided.
ATF agents also obtained the telephone records for Mitchell's residence. Those records indicated that on September 2, 1999, September 13, 1999, September 16, 1999, and October 3, 1999, Mitchell placed phone calls to the (212) area code telephone number in Manhattan that Harrison had provided.
ATF agents determined that Harrison resided at 307 East 101st Street, Apartment 7B, in Manhattan from a review of a criminal history sheet for Harrison and a lease submitted by Harrison's mother to the New York City Housing Authority. Through a review of Tennessee motor vehicle records, ATF agents learned that on October 5, 1999, Harrison applied for, and obtained, a Tennessee Driver's License by using the Tennessee address that was the residence of Mitchell. ATF agents are aware that individuals residing in New York, who are involved in the illegal distribution of firearms, often obtain identification in another state in order to facilitate the purchase of firearms.
On June 20, 1999, the New York Police Department recovered a handgun from a convicted felon in Manhattan. Using the serial number of that gun, ATF agents were able to obtain information from ATF records concerning the purchase of that handgun. ATF records indicated that the handgun was purchased by Owens on May 29, 1999.
On January 6, 2000, Mitchell, Bradshaw and Owens were arrested in the Western District of Tennessee for their involvement in the instant offense. Harrison was arrested on July 10, 2001, in the Southern District of New York for his involvement in the instant offense.
According to the information provided by the Government, Bradshaw admitted to having distributed and possessed with intent to distribute 50 grams and more of crack cocaine in September 1999. Bradshaw stated that the cocaine was brought from New York to Tennessee, where he "cooked up" the powder cocaine, converting it to crack and then assisted in its distribution in Tennessee. No further information was provided.
THE GUIDELINES Offense Level
The 2002 edition of the Guidelines Manual has been used in this case in accordance with § 1B1.11(b)(1). Counts I and II cannot be grouped together pursuant to § 3D1.2. Therefore, each shall be treated separately.
1. Conspiracy to Deal in Firearms
The guideline for a violation of 18 U.S.C. § 922 (a)(1)(A) is found in § 2K2.1(a)(7), which provides for a base offense level of 12.
Because Bradshaw purchased between 8 and 24 firearms, a four-level increase to 16 is warranted pursuant to § 2K2.1(b)(1)(B).
The adjusted offense level is 16.
2. Distribution and Possession of Narcotics
The guideline for a violation of 21 U.S.C. § 812, 841(a)(1) and 841(b)(1)(A) is found in § 2D1.1. Bradshaw's conduct involved the distribute and possession with intent to distribute in excess of 50 grams of crack. The Drug Quantity Table under § 2D1.1(c)(4) sets a base offense level of 32 for this amount.
The adjusted offense level is 32.
Combined Adjusted Offense Level
The combined adjusted offense level is 32.
Due to Bradshaw's timely notification of his intention to plead guilty and his acceptance of responsibility, and since the offense level is 16 or greater, he qualifies for a 3-level reduction pursuant to § 3E1.1 (a) and (b). The offense is reduced three levels to 29.
Total Offense Level
Bradshaw's total offense level is 29 under the Guidelines.
Criminal History Category
The defendant has no known criminal convictions. Therefore, he has zero criminal history points and a Criminal History Category of I.
The record does show two arrests, however. Bradshaw was arrested on December 20, 2000 for contempt of court. The arrest, which was regarding child support, arose out of the family court and is not considered a criminal offense. On September 14, 2002, Bradshaw was arrested for violation of parole. He was arrested on a warrant for this offense, rather than for an actual parole violation.
Applicable Guidelines Range
The statutes under which Bradshaw plead guilty provide for a maximum sentence of ten years' imprisonment on Count One, pursuant to 18 U.S.C: § 924, and a ten-year mandatory minimum term on Count Two, pursuant to 21 U.S.C. § 812, 841(a)(1), 841(b)(1)-(A). The Guidelines range for an offender with a base level of 29 and a Criminal History Category of I is 87 to 108 months. Pursuant to § 5G1.1(b), the sentence imposed, absent a departure from the applicable range, shall not be less than the statutorily required minimum sentence of ten years, or 120 months.
The Sentence
In light of the foregoing, Bradshaw shall be sentenced to 120 months' imprisonment on Counts I and II, with consideration for time served, to be followed by three years' supervised release on Count I, to run concurrently with five years' supervised release on Count II. Bradshaw will also pay a mandatory special assessment of $200.
The following conditions of supervised release are mandatory: Bradshaw shall not (1) commit another federal, state or local crime; (2) illegally possess a controlled substance; and (3) possess a firearm or destructive device. The mandatory drug testing condition is suspended due to imposition of a special condition requiring drug treatment and testing.
Bradshaw will be subjected to the standard conditions of supervision (1-13). In addition:
• Bradshaw will participate in a program approved by the United State Probation Office, which program may include testing to determine whether he has reverted to using drugs or alcohol. The release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer, are approved. Bradshaw will be required to contribute to the costs of services rendered (co-payment) in an amount determined by the probation officer, based on ability to pay or availability of third-party payment.
• Bradshaw shall permit a probation officer to conduct random searches, at a reasonable time and in a reasonable manner, of Bradshaw's person, place of residence, office, vehicle or other real property within his control.
• Bradshaw shall obtain and maintain legitimate employment.
• Bradshaw shall participate in a vocational program as deemed appropriate by the Probation Department. Bradshaw is to report to the nearest probation office within 72 hours of release from custody and is to be supervised by the district of residence.
This sentence is subject to further hearing on June 6, 2003.
It is so ordered.