United States v. Drummond

• Docket Number: CRIMINAL ACTION ELH-19-286
• Decision Date: 24 May 2023
• Parties: UNITED STATES OF AMERICA, v. GEORGE DRUMMOND, Defendant.
• Court: U.S. District Court — District of Maryland

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UNITED STATES OF AMERICA, v. GEORGE DRUMMOND, Defendant.

CRIMINAL ACTION No. ELH-19-286

United States District Court, D. Maryland

May 24, 2023

MEMORANDUM OPINION

ELLEN LIPTON HOLLANDER, UNITED STATES DISTRICT JUDGE

Defendant George Drummond entered a plea of guilty in April 2021 to the offenses of conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. §846, and possession with intent to distribute controlled substances, in violation of 21 U.S.C §841(a)(1). See ECF 1048; ECF 1051. On July 14 2021, the Court sentenced defendant to a total term of 48 months of imprisonment. ECF 1198 (Judgment).

Drummond who is now self-represented, has filed a motion for compassionate release (ECF 1372, the “Motion”) in which he seeks appointment of counsel. Id. at 2, 16. The Motion is supported by several exhibits, docketed collectively at ECF 1372-1. Id. at 1 (Exhibit A); id. at 2 (Exhibit B); id. at 3 (Exhibit C); id. at 4-7 (Exhibit D). The government opposes the Motion (ECF 1397, the “Opposition”), supported by two exhibits. ECF 1397-1; ECF 1397-2. Drummond replied. ECF 1414 (the “Reply”). Defendant has also submitted supplemental correspondence. ECF 1402; ECF 1403.

The Federal Public Defender has declined to represent Drummond in this matter. ECF 1377.

No hearing is necessary to resolve the Motion. See Local Rule 105.6. For the reasons that follow, I shall deny the Motion.

I. Background

Drummond was indicted on June 11, 2019 (ECF 23), along with eighteen others. A Superseding Indictment was filed on March 22, 2018, which added six additional defendants. ECF 96. A Second Superseding Indictment was filed on April 21, 2021. ECF 1031.

Thereafter, defendant was charged in a two-count Superseding Information with conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. §846 (Count One), and possession with intent to distribute controlled substances, in violation of 21 U.S.C. §841(a)(1) (Count Two). ECF 1048. Pursuant to a Plea Agreement (ECF 1054), on April 28, 2021, Drummond entered a plea of guilty to both counts of the Superseding Information. ECF 1051.

In the Plea Agreement, the parties stipulated to the following facts, ECF 1054 at 10-11:

Beginning no later than July 2018, the defendant, George Drummond (“Drummond”) engaged in a conspiracy to distribute controlled substances, including fentanyl, heroin, cocaine, and cocaine base in Baltimore City, Maryland. The defendant agreed with various coconspirators to acquire these controlled substances and to assist in distributing those controlled substances to other persons.

In or about July of 2018, Drug Enforcement Administration (“DEA”), Strike Force Group 1 (“SF1”) began an investigation of the Monument Street corridor in east Baltimore. Law enforcement knows this area supports a high-volume of street-level drug distribution and attendant acts of violence associated with the drug trafficking. As part of the investigation, the DEA obtained authority to intercept the wire and electronic communications of several individuals from that area. Additionally, investigators conducted controlled purchases of narcotics in the area utilizing confidential informants and undercover Baltimore City Police (“BPD”) officers. These undercover purchases identified multiple street-level drug trafficking “shops” and identified the drugs shops' sources of supply of narcotics.

During the investigation, investigators identified Tony Solomon as a source of supply, and Drummond as his associate. Drummond was responsible for packaging controlled dangerous substances as well as maintaining a stash location of controlled dangerous substances for members of the conspiracy, to include cocaine. Drummond participated in the conspiracy and knew that members of the conspiracy distributed narcotics in and around the Baltimore area. Throughout the course of his involvement, it was reasonably foreseeable to Drummond, and within the scope of the conspiracy that he or other members of the conspiracy would distribute at least 3.5 kilograms but less than 5 kilograms of cocaine (a Schedule II controlled substance), as well as quantities of fentanyl and heroin, during the course of and in furtherance of the conspiracy.

Drummond participated in the activities of the conspiracy in the District of Maryland. Some examples of Drummond's participation in the conspiracy include, but are not limited to:

• Drummond maintained a stash location at his residence located at 3201 Brighton Street, Baltimore, Maryland. Drummond, along with co-conspirators would use this location for storing, cutting and packaging controlled dangerous substances with other members of the conspiracy. Based on intercepted communications with coconspirators, investigators believe this stash location was also used to meet with customers and conduct drug trafficking activities.

• Additionally, on behalf of Solomon, Drummond would deliver cocaine to a coconspirator to “cook” the cocaine. From approximately July 2018 to January 2019, Drummond delivered cocaine every two weeks, totally [sic] approximately 6 kilograms over the course of the conspiracy. The defendant admits that he possessed the cocaine with the intent to distribute them for sale.

• On January 23, 2019, investigators executed a search and seizure warrant at 3201 Brighton Street, Baltimore, Maryland, and investigators recovered controlled dangerous substances and a firearm. Drummond, along with co-conspirators possessed with intent to distribute approximately 147 grams of a mixture containing heroin and fentanyl, one large kilo press and one small kilo press (used for packaging controlled substances) containing cocaine, heroin and fentanyl, cutting agents and multiple bags of gelatin capsules. The defendant admits that he possessed the cocaine with the intent to distribute them for sale.

Pursuant to the United States Sentencing Guidelines (“Guidelines” or “U.S.S.G.”), the Plea Agreement anticipated an adjusted base offense level of 26, before deductions for acceptance of responsibility. ECF 1054, ¶¶ 6(c), (d). But, according to the Presentence Report (“PSR”, ECF 1175) Drummond's base offense level was 30. Id. ¶ 20. And, the PSR added two levels pursuant to U.S.S.G. §2D1.1(b)(12), because Drummond “maintained a premises for the purpose of manufacturing or distributing a controlled substance.” Id. ¶ 21. In sum, whereas the Plea Agreement anticipated a final offense level of 23, ECF 1054, ¶ 6(d), the PSR called for a final offense level of 29, after deductions for acceptance of responsibility. ECF 1175, ¶¶ 27, 28, 29.

The Plea Agreement also anticipated a criminal history score of 3 and a criminal history category of II. ECF 1054, ¶ 6(a). The Presentence Report was consistent with the Plea Agreement. See ECF 1175, ¶ 42.

Sentencing was held on July 14, 2021. ECF 1196. At that time, Drummond was fifty-one years of age. See ECF 1175 at 3. With a final offense level of 29 and a criminal history category of II, the Guidelines called for a period of imprisonment ranging from 97 months to 121 months of imprisonment. Id. at 22.

The PSR reflected that Drummond used heroin, cocaine, and marijuana from 1998 until his arrest in 2003. Id. ¶ 63. After Drummond's release from prison in 2008, he did not use drugs until 2018, when “he started using marijuana to manage his chronic pain.” Id.^[1]

I imposed a sentence of 48 months' imprisonment, to be followed by four years' supervised release. ECF 1198.

Drummond moved on several occasions to delay his surrender, due to his need for lumbar surgery and his need to recover. And, the Court granted those motions. See ECF 1287 to ECF 1364. In total, Drummond's date of surrender was postponed from the original date of October 14, 2021, to September 12, 2022. Id; see also ECF 1372 at 2-3.

Drummond is currently serving his sentence at Lewisburg USP. Find an inmate, FEDERAL BUREAU OF PRISONS, https://www.bop.gov/inmateloc/ (last visited May 5, 2023). He has served about eight months of his 48-month sentence, or approximately 17% of his sentence. The Bureau of Prisons (“BoP”) indicates that he has a projected release date of December 3, 2025.

On september 19, 2022, Drummond filed a request for an administrative remedy with the Warden of usP Lewisburg. ECF 1371-1 at 2. The Warden denied Drummond's request on september 27, 2022. Id. at 3. on January 30, 2023, Drummond filed a second request for administrative remedy, seeking home confinement. ECF 1403. The request was initially granted, in part, pending approval by the “review committee.” ECF 1402-1. However, the Court has been informed that Drummond's second request for an administrative remedy was denied.

The Motion was filed on November 4, 2022. ECF 1372. Drummond notes that, in light of the CoVID-19 pandemic, his “morbid medical conditions” constitute an extraordinary and compelling reason justifying compassionate release. Id. at 6. He also claims that his age and rehabilitation weigh in favor of release. Id. at 14. In the Motion, defendant seeks a sentence reduction from 48 months' imprisonment to time served or, in the alternative, he asks for “home detention.” Id. at 1.

The government seems to acknowledge that Drummond's medical condition establishes “the minimum threshold showing for compassionate release.” ECF 1397 at 21. But, it argues that his condition does not warrant release as his “medical complaints are being treated.” Id. And, the government contends that by virtue of Drummond having received the CoVID-19 vaccination, he has “provided effective ‘self-care' against the virus, and does not present any extraordinary and compelling reason allowing compassionate release.” Id. at 23....