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U.S. v. WOO

United States District Court, S.D. New York
Mar 18, 2002
00 Cr. 1241 (S.D.N.Y. Mar. 18, 2002)

Opinion

00 Cr. 1241

March 18, 2002


SENTENCING OPINION


On August 15, 2001, William Woo ("Woo") pled guilty to one count of conspiring to distribute and possess with the intent to distribute 500 grams of cocaine, in violation of 21 U.S.C. § 812, 841(a)(1) and 841(b)(1)(B)

The Offense Conduct

Beginning in February 2000, the Drug Enforcement Agency ("DEA") Task Force began investigating Woo for narcotics trafficking. Based on information received in part from confidential informants, the DEA obtained a court order authorizing the interception of Woo's telephone line communications. Review by a DEA agent of numerous telephone calls revealed that Woo had sold or agreed to sell in excess of 500 grams of cocaine.

On November 13, 2000, the DEA Task Force obtained a warrant to search an envelope that Woo mailed on November 9, 2000 that agents had cause to believe contained cocaine. The search revealed three plastic bags containing 11.7 grams of cocaine. On November 16, 2000, Woo was arrested after meeting with another individual and engaging in a sale of approximately 31 grams of cocaine. Following Woo's arrest, he consented to a search of his apartment where cocaine, various other drug paraphernalia, and documents containing what were believed to be customer contacts were found. Woo also made numerous statements to DEA Task Force agents including that he sold cocaine to friends, and that for the last two years he purchased at least an ounce of cocaine every week or ten days.

Adjustment for Acceptance of Responsibility

Based on his post-arrest statement and guilty plea, Woo has accepted responsibility for his actions.

The Guidelines Offense Level

Under the November 2001 United States Sentencing Commission Guidelines Manual, the guideline for violation of 21 U.S.C. § 846 is found in § 2D1.1. The government has indicated that Woo's criminal activity was the conspiracy to distribute at least 500 grams, but less than 2 kilograms of cocaine. The offense level specified in the Drug Quantity Table under § 2d1.1(c)(7), sets a base offense level of 26 for this quantity of cocaine base.

§ 2D1.1 (b)6) indicates that if the defendant meets the criteria set forth in subdivisions (1)-(5) of § 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), the offense level shall be adjusted down 2 points. Since Woo meets the criteria, he is entitled to a 2-point reduction.

Based on Woo's plea allocution, he has recognized responsibility for the offense. Further, due to Woo's timely notification of his intention to plead guilty and since the offense level is 16 or greater, pursuant to § 3E1.1(a) and (b), Woo qualifies for a 3-level reduction.

Adjusted Offense Level

Woo's adjusted offense level is thus 21 under the Guidelines.

Criminal History Category

Woo has no prior convictions, therefore, he has zero criminal history points and a Criminal History Category of I.

Applicable Guidelines Range

The Guidelines range for an offender with a base offense level of 21 and a Criminal History Category of I is 37 to 46 months. The statute under which Woo was convicted provides for a maximum sentence of 40 years and a minimum sentence of 5 years. Pursuant to the provisions of 18 U.S.C. § 3553 (f), Woo meets the criteria set for imposition of a sentence in accordance with the applicable guidelines, without regard for any statutory minimum sentence. He does not have more than 1 Criminal History Point, he did not use violence or threats of violence, the offense did not result in injury, Woo was not a manager or supervisor of others involved, and Woo has provided the government all the information and evidence he has concerning the offense. Therefore, Woo's applicable sentencing range is from 37 to 46 months.

The Sentence

Woo is sentenced at the bottom of the guidelines range because of the absence of any criminal record and the limited number of sales made to personal acquaintances.

In light of the foregoing, Woo shall be sentenced to 37 months in prison, to be followed by 4 years of supervised release. Woo will also pay a fine of $7,500 pursuant to 21 U.S.C. § 841 (b)-(1)(B) and § 846, as well as a mandatory special assessment of $100, pursuant to 18 U.S.C. § 3013.

The following conditions of supervised release are mandatory: Woo shall not (1) commit another federal, state or local crime; (2) illegally possess a controlled substance; (3) possess a firearm or other destructive device. Woo shall refrain from any use of a controlled substance. He shall submit to drug testing within 15 days of placement on probation or supervised release and at least to unscheduled drug tests thereafter, as directed by the probation officer.

Woo will also be subjected to the following supervised release conditions: (1) the standard conditions of supervision (1-13); (2) Woo shall provide the probation officer with access to any requested financial information; (3) he will participate in a program approved by the Unites States Probation Office for substance abuse, which program may include testing and he will be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment; (4) he is to report to the nearest Probation Office within 72 hours of release from custody; (5) he is to be supervised by the district of residence; and (6) he is to pay to the United States a special assessment of $100, due immediately.

Finally, Woo will be required to pay a fine of $7,500 based on his financial gain.

If Woo is engaged in a BOP non-UNICOR work program, he shall pay $25 per quarter toward the criminal financial penalties. However, if Woo participates in the BOP UNICOR program as a grade 1 through 4, he shall pay 50% of his monthly UNICOR earnings toward the criminal financial penalties.

The fine shall be paid in monthly installments of 10% of gross monthly income over a period of supervision to commence 30 days after the date of release from custody.

It is so ordered.


Summaries of

U.S. v. WOO

United States District Court, S.D. New York
Mar 18, 2002
00 Cr. 1241 (S.D.N.Y. Mar. 18, 2002)
Case details for

U.S. v. WOO

Case Details

Full title:UNITED STATES OF AMERICA, v. WILLIAM WOO, Defendant

Court:United States District Court, S.D. New York

Date published: Mar 18, 2002

Citations

00 Cr. 1241 (S.D.N.Y. Mar. 18, 2002)