U.S. v. Bradford
| Decision Date | 08 November 2006 |
| Docket Number | No. 05-CR-85-LRR.,05-CR-85-LRR. |
| Citation | 461 F.Supp.2d 904 |
| Parties | UNITED STATES of America, Plaintiff, v. Steven BRADFORD, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Michael M. Lindeman, Lindeman Law, Cedar Rapids, IA, for Defendant.
Charles J. Williams, U.S. Attorney's Office, Northern District of Iowa, Cedar Rapids, IA, for Plaintiff.
SENTENCING MEMORANDUM
The matter before the court is the sentencing of Defendant Steven Bradford on his plea of guilty to one count of conspiracy to distribute heroin, in violation of 21 U.S.C. § 846. There are two fighting issues: (1) whether Defendant distributed heroin to a young man, J.H., resulting in J.H.'s death and, if so, (2) whether the court should depart upward.
On November 2, 2005, a grand jury charged Defendant in a three-count Superseding Indictment.1 Count 1 charged that, between about 2004 and September of 2005, Defendant knowingly and unlawfully conspired to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin, in violation of 21 U.S.C. § 846.2 Count 2 charged that, on or about September 19, 2005, Defendant knowingly and intentionally distributed heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Count 3 charged that, on or about September 22, 2005, Defendant knowingly and intentionally distributed heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
On December 12, 2005, Defendant and the government signed a plea agreement ("Plea Agreement"). Defendant agreed to plead guilty to Count 1 of the Superseding Indictment. The government agreed to dismiss Count 2 and Count 3, and it promised not to file "additional Title 21 drugrelated criminal charges based upon or arising from information now in [the government's] possession." (docket no. 30-2, at ¶ 3, italicized words handwritten in original). On the same date, Defendant appeared before Chief Magistrate Judge John A. Jarvey and pled guilty to Count 1 of the Indictment. On December 28, 2005, the court accepted Defendant's guilty plea.
On February 9, 2006, the grand jury charged Defendant in a one-count Indictment in another case, United States v. Bradford, 433 F.Supp.2d 1001 (N.D.Iowa 2006) ("Bradford II"). Count 1 charged that, on or about June 10, 2004, Defendant knowingly and intentionally distributed heroin to J. H., resulting in the death of J.H. from use of the heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
On April 4, 2006, Defendant filed a Motion for Specific Performance of Plea Agreement and Motion to Dismiss ("Motion for Specific Performance") in Bradford II. Defendant claimed that the Plea Agreement forbade the government from pursuing the new Indictment.
On June 2, 2006, the court held that the Indictment in Bradford II breached the Plea Agreement in this matter. The court examined the circumstances of the government's investigation of Defendant and ruled that Count 1 of the Indictment in Bradford II was a Title 21 drug-related criminal charge "arising from" information in the government's possession on December 12, 2005. The court granted Defendant's Motion for Specific Performance and dismissed the Indictment in Bradford II. The government did not appeal the court's ruling.
Meanwhile, on April 26, 2006, the United States Probation Office ("USPO") prepared a Presentence Investigation Report ("PSIR") in the case at bar. The government initially informed the USPO that it did not have any objections to the PSIR. On June 5, 2006, after the court dismissed the Indictment in Bradford II, however, the government informed the USPO and Defendant that it intended to seek an upward departure in the instant case. The government announced its intention to seek a departure pursuant to USSG § 5K2.1, because the death of J.H. resulted from Defendant's distribution of heroin during the conspiracy. The USPO responded and indicated that an upward departure might be warranted pursuant to USSG § 5K2.21, rather than USSG § 5K2.1, because the court dismissed the Indictment in Bradford II. PSIR at ¶¶ 100-03.
On June 30, 2006, Defendant objected to an upward departure. Defendant denied that he sold heroin to J.H. and denied that J.H. died from heroin use. Defendant also argued that an upward departure would be inequitable, contrary to the advisory Sentencing Guidelines and unconstitutional.
On July 17, 2006, the USPO submitted a revised PSIR and an Addendum to the court. The USPO noted that the court would need to resolve the propriety of an upward departure. On September 19, 2006, the USPO submitted a Second Addendum to the PSIR.
On September 25 and 26, 2006, the government and Defendant filed their respective sentencing memoranda. On September 28, 2006, the government filed an amended sentencing memorandum.
On October 11, 2006, sentencing proceedings commenced at a hearing ("Hearing"). Assistant United States Attorney Patrick J. Reinert represented the government. Defendant was personally present and represented by Attorney Webb Wassmer.
The propriety of an upward departure was the sole focus of the Hearing. At the conclusion of the evidence and argument, the court adjourned the Hearing and reserved ruling. When the Hearing resumes, the court shall pronounce sentence in a manner consistent with the instant Sentencing Memorandum.
In the Plea Agreement, Defendant stipulated to a number of facts. See Plea Agreement at ¶ 22. The court finds that the government has proven the following facts beyond a reasonable doubt:
On or about September 19, 2005, a confidential informant told law enforcement officers that the informant had purchased $100 worth of heroin from a person named "Wimp" at 454 Eighth Avenue SW in Cedar Rapids, Iowa, on several occasions in the previous year. Id. at ¶ 22(A). On the same day, the confidential informant made a recorded phone call to `Wimp" and arranged to purchase another $100 worth of heroin at the same address. Id.
Later that afternoon, the confidential informant met "Wimp" in an apartment at 458 Eighth Avenue SW. Id. at ¶ 22(B). While the confidential informant and "Wimp" were inside the apartment, Defendant and Marquita Gates arrived in a Monte Carlo. Id. Defendant went into the apartment. Id. The confidential informant gave $100 in pre-serialized currency to "Wimp," who in turn purchased three baggies of heroin from Defendant. Id. The total amount of heroin in the baggies was less than one gram. Id.
On September 22, 2005, the confidential informant called "Wimp" to buy another $100 worth of heroin. Id. at ¶ 22(C). The confidential informant met `Wimp" and a person named "Ran" at 458 Eighth Avenue SW. Id. The confidential informant gave "Ran" $100...
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