Opinion
99 Cr. 338 (RWS)
April 18, 2002
SENTENCING OPINION
Defendant Darryl Patrick ("Patrick") pleaded guilty on May 1, 2001 to conspiracy to distribute and possess with intent to distribute crack cocaine in violation of 21 U.S.C. § 846, 841(b)(1)(C). For the reasons set forth below, Patrick will be sentenced to 235 months in federal custody, to be followed by a three-year term of supervised release, subject to the sentencing hearing now set for April 18, 2002. A special assessment fee of $100 is mandatory and will be due immediately.
The Defendant
Patrick was born on May 1, 1963 in New York, New York. He was reared with two siblings in a drug-intensive environment in which his mother worked as a barmaid and smoked marijuana daily in the home. His father, who now resides in Maryland, was in and out of Patrick's life. Patrick's mother died in 1992 from complications with asthma and bronchitis. His brother has a speech impairment and, according to Patrick's sister, requires care by the family. Patrick's sister is unemployed and resides in the Bronx.
Patrick attended high school in Manhattan from 1977 to 1981, but did not graduate. For several months in 1993, he attended the New York Food and Hotel Management School in Manhattan. He worked at Macy's department store from 1993 to 1994, and was subsequently self-employed doing carpentry and tile work. From 1998 to 1999, he was employed at Zack's Barber Shop in the Bronx earning approximately $200 to $250 per week.
Patrick admits to having a drug problem. He began drinking alcohol and smoking marijuana at age 9, largely as a result of the availability of the substances in the home. He began using cocaine at age 18, and began using crack at age 28. In approximately 1996 or 1997, Patrick attended an outpatient drug treatment program for six months. He attended a similar program at Reality House in Manhattan for five months. While incarcerated, Patrick has attended a program called Positive Lifestyle.
The Offense
Patrick was arrested following an investigation of crack cocaine trafficking on West 144th Street in Manhattan by an organization known as the "Purple Crew." Patrick supervised the sale of crack cocaine sold in clear bags with brown spots (known as "Chocolate Chip"), which was purchased together with the rest of the Purple Crew cocaine, and cooked and packaged in the same locations and by the same people. During June 1998 through February 1999, the Purple Crew sold approximately 50 grams or more of crack cocaine per day.
On September 8, 2000, Patrick was arrested. He stipulated to being responsible for more than 500 grams but less than 1.5 kilograms of crack cocaine. Patrick's plea allocution revealed that between March 1996 to 1998, he agreed to sell crack under the brand name "Chocolate Chip" out of 530 East 144th Street in Manhattan.
The Guidelines
Section 2D1.1 of the United States Sentencing Guidelines (the "Guidelines") provide the base offense level for the offense for which Patrick has been convicted. Pursuant to this section, the base offense level is 36. Three levels will be subtracted for Patrick's timely acceptance of responsibility, yielding an adjusted offense level of 33.See U.S.S.G. §§ 3E1.1.
Patrick has three prior felony convictions that involve controlled substance offenses, giving him twelve criminal history points. Since the instant offense is a felony that involves a controlled substance, and Patrick was 18 years or older at the time of its commission, he is a career offender within the meaning of § 4B1.1 of the Guidelines. Although this does not affect his offense level, a career offender's criminal history category is Category VI.
According to the Guidelines, the range for a defendant with a total offense level of 33 and a criminal history category of VI is 235-293 months. However, since the maximum term of imprisonment is 20 years pursuant to 12 U.S.C. § 841 (b)(1)(C) and 846, the applicable range is 235 to 240 months. See U.S.S.G. § 5G1.1(c).
The Sentence
Patrick will be sentenced to 235 months imprisonment, to be followed by three years of supervised release. Patrick is to report to the nearest Probation Office within 72 hours of his release from custody, and supervision shall be in the district of residence. As mandatory conditions of supervised release, Patrick 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. Patrick shall also abide by the standard conditions of supervision (1-13).
In addition, as a special condition, Patrick will participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether Patrick has reverted to the use of drugs or alcohol. Patrick 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 ability to pay or availability of third-party payment.
No fine will be imposed due to Patrick'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 no set for April 18, 2002.