Opinion
99 Cr. 338 (RWS)
October 12, 2002
SENTENCING OPINION
Defendant Shannon Mont ("Mont") pleaded guilty on April 28, 2000 to conspiracy to distribute 50 grams and more of crack cocaine, in violation of 21 U.S.C. § 846, 812, 841(a)(1), and 841(b)(1)(A). For the reasons set forth below, Mont's sentence will consist of 87 months incarceration to be followed by a five year term of supervised release, subject to the sentencing hearing now set for October 21, 2002. A special assessment fee of $100 is mandatory and will be due immediately.
The Defendant
Mont was born on July 27, 1976, to Jackie and Eileen (Mont) Richardson in Manhattan. His father, age 49, has been a contractor for the Metro North Railroad for over 23 years and his mother, age 51, is a homemaker.
Mrs. Richardson reported that Mont was deeply effected by the death to AIDS of his adopted sister, Cidney Bloomer, in 1995. Mont was instrumental in caring for her, administering Cidney's medication and on call to the health attendant. Mont often left school to care for Cidney. Mont has one surviving biological sister, Shanele Richardson, age 17, who lives with Mont's parents and is a high school student and one other adopted sibling, Cary Wilson, age 24, who is currently incarcerated.
Mont is single and has one child, Karma Mont Mercedes, age two. Mont reported that he had a three year relationship with the mother, Maria Mercedes, age 23. Mont reported that although he and Ms. Mercedes do not live together, he provides financial assistance to his daughter. Mont is currently detained.
Mont is 5'9' tall and weighs 155 pounds and is African American. In 1985 Mont was hospitalized resulting from lead poisoning. He has undergone four surgeries to alleviate blood clots in his right leg. Mont reported that since 1993 (age 17) he has smoked marijuana daily in order to "get things off his mind," especially his sister and grandmothers' deaths. Following his arrest, Mont enrolled in a drug treatment program but was unable to complete due to a transfer to another facility.
Mont took the General Equivalency Diploma (GED) examination in 1997 after attending classes at the Borough of Manhattan Community College, located in Manhattan. He did not pass the GED. Earlier, Mont completed ninth grade at Louis D. Brandeis High School, in Manhattan, and later transferred to Beach Channel High School, Rockaway, New York, and at some point dropped out of high school.
Prior to his arrest, Mont was employed as a stock person at BJ's USA, a sneaker retail store located in Manhattan. He worked full-time and earned $200.
Mont has two prior arrests: in November 1997, resulting in a guilty plea to Attempted Criminal Sale of a Controlled Substance whereupon Mont was sentenced to a conditional discharge; and in January 1999, resulting in a guilty plea to Unlawful Possession of Marijuana resulting in a $100 fine. Mont failed to pay the fine and a warrant remains outstanding.
The Offense
Mont was arrested on March 23, 1999, following an investigation by the New York Police Department ("NYPD"). Mont was involved in hand-to-hand sales of crack cocaine in the context of a narcotics organization known as the "Purple Crew, " due to the fact the group sold crack in purple bags. The organization operated out of 560 West 144th Street in Manhattan. Testimony revealed that co-defendants Brent Birkett and Franklin Sanchez were the leaders of the organization and that they supplied and prepared the narcotics for the other workers, and were responsible for hiring and firing in the organization. Mont was involved in the conspiracy intermittently from 1994 to 1999. All of the eleven co-defendants in this matter, with the exception of Mont, were involved in distributing in excess of 1.5 kilograms of crack cocaine. Mont was involved in distributing more than 150 grams and less than 500 grams of crack cocaine.
In 1998, in conjunction with an investigation of crack cocaine trafficking on West 144th Street, NYPD police officers arrested an individual who agreed to provide information to the NYPD as an informant. The individual informed officers about the Purple Crew, including its membership and methods of distribution. The NYPD debriefed a second informant, who reported that the Purple Crew sold large quantities of crack cocaine in $5 bags at 560 West 144th Street, usually in the courtyard. During June 1998 and through February 1999, the Purple Crew typically sold 50 grams or more of crack cocaine per day. Darryl Patrick (currently a fugitive) supervised the sale of the product. James Clyburn occupied a supervisory role, and was responsible for collecting and safeguarding the organization's revenues and for transporting it to a co-conspirator. Reda Solomon was also a supervisor. Michael Richardson packaged crack for the Purple Crew. William Martin was regularly involved in transporting crack from a storage location nearby to 144th Street. Sidney Sass, Randolph Helvy and Damion Gowdie, and a juvenile, were regular participants in hand-to-hand sales to customers. Mont clearly had a peripheral role in the Purple Crew.
In addition to information gleaned from informants, NYPD also made multiple undercover purchases from the Purple Crew, including a $20 purchase from Mont in November 1998.
Mont pleaded guilty to the offense on April 28, 2000.
The Guidelines
Section 2D1.1 of the United States Sentencing Guidelines (the "Guidelines") provides the base offense level for the offense for which Mont has been convicted. Pursuant to this section, the base offense level is 34. The defendant meets the criteria set forth in subdivisions (1)-(5) of § 5C1.2 and the offense level is greater than 26. Pursuant to § 2D1.1(b)(6), the offense is reduced by two levels. Based on Mont's acceptance of responsibility, pursuant to § 3E1.1 (a) and (b) the offense is reduced three levels. Mont's adjusted offense level is 29.
The 1998 Guidelines Manual in effect at the time the offense was committed was used for calculating Mont's sentence in accordance with Guidelines § 1B1.11(b)(1).
Mont has two prior arrests each leading to a conviction. The total criminal history score is one. According to the sentencing table at Chapter 5, Part A, one criminal history point establishes a Criminal History Category of I.
Based on a total offense level of 29 and a Criminal History Category of I, the Guidelines range for imprisonment is 87 to 108 months.
The Sentence
Mont will be sentenced to 87 months incarceration. Mont's term of incarceration will be followed by a five-year term of supervised release. Mont is to report to the nearest Probation Office within 72 hours of release from custody, and supervision shall be in the district of residence. As mandatory conditions of supervised release, Mont shall (1) not commit another federal, state, or local crime; (2) not illegally possess a controlled substance; and (3) not possess a firearm or destructive devise. The mandatory drug testing condition is suspended due to imposition of a special condition requiring drug treatment and testing. Mont shall also abide by the standard conditions of supervision (1-13).
In addition, as special conditions, Mont shall: (1) participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the offender has reverted to the use of drugs or alcohol. Mont will be required to contribute to the costs of services rendered (co-payment) in an amount to be determined by the probation officer, based on Mont's ability to pay or availability of third-party payment; (2) cooperate with the probation officer to resolve Mont's outstanding warrant in New York County Criminal Court for his unsatisfied $100 fine.
No fine will be imposed due to Mont's lack of financial resources at this time. However, a special assessment fee of $100 will be due immediately.
This sentence is subject to modification at the sentencing hearing now set for October 21, 2002.