Opinion
02 Cr. 850-01 (RWS)
March 18, 2003
SENTENCING OPINION
Defendant Anthony Randolph ("Randolph") pled guilty on September 16, 2002 to knowingly possessing a Paramount .32 caliber pistol, which had been shipped and transported in interstate commerce, in violation of 18 U.S.C. § 922 (g)(1). Randolph is responsible for being in possession of the firearm after being convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree on August 21, 1990. For the reasons set forth below, Randolph will be sentenced to 27 months' imprisonment, to be followed by 3 years supervised release. Pursuant to 18 U.S.C. § 3013, a special assessment fee of $100 is mandatory.
The Defendant
According to Randolph's birth certificate, he was born on November 6, 1959 in Manhattan to Floyd Randolph and Patricia Mendez. Randolph's father, reportedly 78 or 79 years old, is a retired merchant residing in Bronx, New York. His mother, a retired supervisor at the United States Postal Service, died at age 68 of natural causes in 1996. Randolph has five siblings and four half-siblings, born to his father and four different women.
Randolph's parents were legally married, but separated when he was approximately three years old. They reunited, but separated again when he was seven years old. Randolph witnessed his mother's abuse by his father and reported being used by his father against his mother. Following their separation, he lived with his mother.
Randolph's sister reported that because of pigmentation, Randolph's father accused Randolph of not being his son. Randolph suffered from a speech impediment and was teased badly in school. As a teenager, Randolph also suffered from depression, and at the age of 17, he tried to commit suicide. In 1998, Randolph received treatment for mental illness and chemical addiction ("MICA") at Bellevue Hospital. He then attended FEGS MICA program for eight months between 1998 and 1999. Randolph was diagnosed with major depression disorder, pedophilia, and polysubstance dependency in remission. Randolph missed numerous appointments at FEGS and was referred to sexual offender treatment at Metropolitan Hospital. Randolph believes he is currently depressed, but is not receiving medication or treatment at this time.
Randolph never married, and he has no children. He is not currently in a relationship. At the age of 16, he had a one year relationship with a Gloria Jean, which her family ended. In approximately 1997 or 1998, Randolph met a young man named Harold Banks ("Banks"), who he claims is Gloria Jean's son. According to Randolph, Gloria Jean died in childbirth, and Banks was physically abused by his father and mistreated by his family following his mother's death. Banks is diagnosed with Schizoaffective Disorder, and every day he attends the Psychiatric Continuing Day Treatment Program at the Sound View Throgs Neck Community Mental Health Center in Bronx, New York. Banks also suffered from a cocaine addiction. Since Banks' family took no interest in his welfare, Randolph allowed Banks to reside with him. On August 21, 2001, Banks signed over his power of attorney to Randolph. According to a letter from the Mental Health Center, Banks' condition is chronic, and he is unable to live independently. If unable to live with Randolph, he would be forced to live in supportive housing.
Randolph has a history of drug addiction. He has used marijuana, first given to him by his father, since the age of 13 or 14. From age 22 until his May 19, 2002 arrest for this case, he used marijuana every other day. He used cocaine in the late 1980's. He used Ecstasy three or four times per weekend and mescaline twice per weekend, between the ages of 19 and 26. In June 2002, Randolph began attending Daytop Village, an outpatient drug treatment program located in Bronx, New York, at the referral of his Pretrial Services Officer, and he currently attends individual counseling once a week. At the time of the presentence interview, Randolph submitted to a drug screening and tested negative for all controlled substances.
Randolph graduated from Park East High School in Manhattan in September 1978. In 1988, he attended a 16-month medical assistant course at Blake Business School in Manhattan. From 1980 to 1981, he studied computers at the Occupation Industrialization Center in Manhattan. Randolph is presently unemployed and is supported by public assistance benefits.
The Offense
Randolph was found in possession of a .32 caliber firearm after being convicted of Attempted Criminal Sale of a Controlled Substance in the Third Degree on August 21, 1990. An NYPD detective was led to the gun by Randolph's ex-girlfriend, who lived in the same apartment complex. She claimed that Randolph had pointed the gun at her and threatened to kill her. Randolph denies threatening the woman. When later questioned on how she knew the gun's location, the woman said that she had been inside the apartment on a prior occasion and had seen the gun. This woman is presently incarcerated for assault.
The gun in this case consists of disassembled parts with no ammunition, no magazine, and a broken firing pin, making it incapable of being fired without replacement or repair. An inoperable gun is not a firearm under New York State law. However, in federal court, a gun is a firearm if it "can be readily converted to expel a projectile" or is the "frame or receiver of any such weapon." 18 U.S.C. § 921 (a)(3). The pieces found in this case meet the federal definition of a firearm.
The Guidelines
The sentencing guideline for a violation of 18 U.S.C. § 922 (g)(1) is found in § 2K2.1. Since Randolph was found to be in possession of a firearm after having been convicted of a felony controlled substance offense, pursuant to § 2K2.1 (a)(4)(A), the basic offense level is 20. Based on acceptance of responsibility, the offense is reduced three levels, resulting in an adjusted level of 17.
Randolph's previous criminal history consists of attempted criminal possession of a controlled substance and two counts of sodomy against minors. Randolph thus has three criminal history points and a resulting Criminal History Category of II. An offense level of 17 and a Criminal History Category of II yields a sentencing range of 27 to 33 months imprisonment.
The Sentence
Randolph will be sentenced to 27 months of imprisonment, followed by a three-year-term of supervised release. During his imprisonment, Randolph should receive mental health treatment, and he should participate in appropriate substance abuse programs.
Within 72 hours of his release from custody, Randolph is to report to the nearest Probation Office, and supervision shall be in the district of residence. As mandatory conditions of supervised release, Randolph shall (1) abide by the standard terms of supervised release (1-13); (2) not commit another federal, state, or local crime; (3) not illegally possess a controlled substance; and (4) not possess a firearm or destructive devise.
In addition, the following special condition will be imposed. Randolph will participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. Randolph 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.
A special assessment fee of $100 is mandatory and is due immediately.
This sentence is subject to modification at the sentencing hearing now set for March 26, 2003.
It is so ordered.