United States District Court, D. Connecticut
RULING AND ORDER ON MOTION TO REDUCE
A. BOLDEN, UNITED STATES DISTRICT JUDGE.
Smith (“Defendant”), acting pro se, has
moved the Court to reduce his term of imprisonment under 18
U.S.C. § 3582(c)(2). Mot., ECF. No. 46. For the reasons
that follow, the motion is DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
October 15, 2015, Mr. Smith plead guilty to possession of
marijuana with intent to distribute, in violation of 21
U.S.C. §§ 841 (a)(1) and 841(b)(1)(D), and with
possession of a firearm in furtherance of a drug trafficking
offense, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
Plea Agr. at 1, ECF No. 34. At the plea hearing, the Court
provided Mr. Smith an opportunity, in open court, to be heard
and to make objections and arguments about his intention to
plead guilty and his criminal prosecution, more broadly. ECF
Smith's guilty plea was memorialized in a plea agreement,
filed with the Court on October 15, 2017. See
generally Plea Agr. As part of the plea agreement, Mr.
Smith stipulated to certain facts relevant to his criminal
1. On February 19, 2015, law enforcement officials searched
the third floor apartment at 89 Irving Street, Hartford,
2. The defendant had a key to the building as well as the
third floor apartment. The defendant kept a room within the
third floor apartment where he stored items related to his
ongoing drug trafficking activities. Investigators recovered
from the defendant's room a 9mm Kel Tee, Model P-11,
loaded with 10 rounds, approximately 15 pounds of marijuana,
a Jamaican passport, a key which fit the front door lock and
a key that opened the bedroom door.
3. The defendant's relevant conduct involves at least
five but less than ten kilograms of marijuana.
4. The defendant kept the firearm in furtherance of his drug
trafficking. The firearm was stolen from North Carolina.
Plea Agr. at 4, 10.
plea agreement further provides that, regarding the charge of
possession of marijuana with intent to distribute, the
stipulated drug quantity that forms the basis of the offense
yielded a base offense level of 12. Plea Agr. at 4; see
also U.S.S.G. § 2D1.1(c)(14).
Smith also waived his right to appeal his sentence provided
certain conditions were met. The plea agreement provides that
will not appeal or collaterally attack in any proceeding . .
. the conviction or sentence of imprisonment imposed by the
Court if that sentence does not exceed 74 months'
imprisonment, a four year term of supervised release, a $200
special assessment, and a $20, 000 fine, even if the Court
imposes such a ...