Criminal Law Exercise #4 FINISHED FRED

Case Facts: Part 1

-Fred was a known drug dealer living in the State of Connecticut, when he sold 500 grams of actual methamphetamine to an undercover DEA (Drug Enforcement Agency) federal agent on one occasion. -At the time he sold the drugs to the agent, he also sold the agent a loaded shotgun and told him that if he told anyone about the sale of either the drugs or the gun, Fred would kill him. -Fred indicates that he obtained the drugs and the gun from an acquaintance named JoJo, last name unknown, and does not know where JoJo obtained them. -Fred believed the drugs and gun would be resold to street-level customers by the person to which Fred sold them.

Case Facts: Part 2 -Fred pleaded guilty to, and was convicted of, violating 21 U.S.C. 841(b)(1)(A): Drug distribution. -Fred is facing a maximum statutory penalty of life imprisonment and a minimum term of imprisonment of 10 years. -He does not have a plea agreement and refuses to talk to the government about what he did, so he does not qualify for a two-level decrease under the limitations on applicable statutory minimum sentences (See U.S.S.G. 2D1.1(b)(16)-No 5K reduction).

Case Facts: Part 3

-Fred has no prior arrests or convictions, so his criminal history category is I and he gets a three-level reduction for saying "I'm sorry" to the judge prior to trial under 3E1.1. -The acceptance or responsibility (aka "I'm sorry") points are awarded under U.S.S.G. 3E1.1(a) and (b) (which are not part of your handout). -No violence or sexual offense occurred or was intended through the transaction. -We do not know who else was involved in making, transporting or delivering the drugs to Fred (other than JoJo), so no increase can be imposed for being a leader in the crime and no decrease can be imposed for having had a mitigating or minor role in the offense (e.g. Sections 3B1.1 and 3B1.2 do not apply). -Fred was arrested six months ago in this case and has remained in custody since that time.

Case Facts: Part 4 -Fred is a 32-year old transient who was living in his car at the time of his arrest. He last possessed a permanent address two years ago, when he lived with his mother and two youngest siblings in her Texas home. He never knew his father. -Fred has four children by four different women, but has never been married. -He only completed the 10th grade in school, but is one class away from obtaining his high-school equivalency degree. -Fred joined a gang at the age of 15 but claims to have left gang life at the age of 22 after a close friend was killed in a drive-by shooting. -The government asserts that Fred remains an active gang member today and obtained both the drugs and the gun he sold to the undercover officer from his fellow gang members.

Case Facts: Part 5

- Prior to his arrest, Fred had a history of taking marijuana three-times per week and had tried LSD and methamphetamine on three prior occasions. -Fred is currently employed while in federal custody (he serves food at mealtimes) and is paid $12 per month. -Immediately prior to his incarceration, Fred was unemployed. Six months prior to his arrest, he worked in a warehouse for a temporary staffing agency. He had no prior work history. -Fred says that after he is released, he wants to work as a drug counselor and gang counselor for wayward youth.

Application Notes Criminal Law Exercise #4 (Finished Fred): 1.In determining Fred's offense level, apply each guideline section in order, from the top of the page to the bottom and over to the next page, until all clauses in the guideline have been explored. 2. The guidelines are recommendations; they are no longer binding. 3. When analyzing a defendant's background to determine a recommendation, you must start with the guideline range. You then decide if Fred should be sentenced to a term that is within, above or below that range. You must justify your decision of where to place the defendant in that range, by applying reasons that have not yet been used in determining Fred's offense level through the guidelines. Exercise Questions Criminal Law Exercise 4 (Finished Fred): 1. What is Fred's final guideline offense level after all additions and subtractions are made? 2. What is Fred's criminal history level? 3. What is the incarceration range suggested by the guidelines for Fred? 4. What specific number of months would you impose in this case (do not deduct for time served)? Also say why you chose that single number and what effect the mitigating and aggravating factors had on your decision