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United States v. Smith

United States District Court, D. Connecticut

October 23, 2017

UNITED STATES OF AMERICA
v.
GAUNTLETT SMITH

          RULING AND ORDER ON MOTION TO REDUCE SENTENCE

          VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE.

         Gauntlett 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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On 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 No. 33.

         Mr. 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 prosecution, namely:

1. On February 19, 2015, law enforcement officials searched the third floor apartment at 89 Irving Street, Hartford, Connecticut.
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.

         The 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.[1] Plea Agr. at 4; see also U.S.S.G. § 2D1.1(c)(14).

         Mr. Smith also waived his right to appeal his sentence provided certain conditions were met. The plea agreement provides that Mr. Smith

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 ...

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