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Drug Offenses
Client #1: Elliott is a 37-year-old, self-employed, residential home remodeler with an extensive history of substance abuse. He was arrested as part of an ongoing local drug investigation. At the time of arrest, law enforcement officials found ten pounds of marihuana in his vehicle as well as a legally registered handgun. Offense(s): Elliott pled guilty to one count of Possession with the Intent to Distribute More than Five Pounds of Marijuana in violation of VCC § 18.2-248.1(a)(3). The Virginia Sentencing Guidelines called for a sentence range of one year to two years and three months, with a midpoint range of two years. Jurisdiction: Loudon County, Virginia NCIA's Early Intervention: Shortly after Elliott's arrest, NCIA was contacted by his attorney and brought into the case. We immediately placed Elliott in a treatment program to address his 25-year alcohol and cocaine abuse difficulties. We next found a community service program which would not only accept Elliott, but which could effectively utilize his skills. NCIA also prepared a report on Elliott's behalf that was presented to the Court and the Probation Office prior to Elliott's plea. Probation Department Recommendation: Incorporating a substantial amount of the language from our Pre-Plea report, the Probation Office made no recommendation to the Court with respect to Elliott's case. Given "the serious nature of this offense," it was unusual for the Probation Office not to recommend incarceration. NCIA's Recommendation: NCIA provided the Court with a more complete Sentencing Report that contained detailed information about Elliott, his personal background and history of substance abuse, and the voluntary steps he had taken to address it since his arrest, as well as the significant amount of community service he had performed since his arrest. On the basis of this information, NCIA recommended that Elliott receive a community-based sentence with strict supervisory conditions. Outcome: The Court agreed with our assessment of Elliott and gave him a one-year sentence, with 60 days to be served in a work-release program and the remainder on home confinement. Moreover, citing the NCIA report, the Court ordered Elliott to continue performing community service and to complete his course of drug and alcohol treatment. Client #2: Stan is a 30 year-old repeat offender from a broken home, with a history of substance abuse. One year prior to his arrest for the instant offense, Stan voluntarily withdrew from all drug sales. Offense: Stan pled guilty to one count of Conspiracy
to Distribute and Possession with Intent to Distribute at least
50 grams of Cocaine Base in violation of 21 U.S.C. § 841(a)(1)
and 846. Probation Office Recommendation: According to the Probation Office's calculations of the Sentencing Guidelines, Stan's total offense level was 35 and his criminal history was III. Thus, Stan's recommended guideline imprisonment range was 210 to 262 months. While Stan was facing a 21-year sentence, the government filed a substantial assistance departure motion pursuant to § 5K1.1. NCIA's Recommendation: NCIA highlighted several issues in Stan's background for the Court to consider in determining whether, and to what extent, to grant a § 5K1.1 downward departure. Specifically, NCIA noted Stan's fractured home life and provided documentation about the deplorable living conditions in the housing projects where Stan had lived during his youth. In addition, we emphasized Stan's voluntary withdrawal from his offense conduct more than one year prior to his arrest, as well as his success in securing gainful and socially beneficial employment. Finally, we noted Stan's assistance to the government in arguing for a substantial downward departure from his guideline imprisonment range. Outcome: Court departed downward to a 78-month sentence and recommended confinement in a low-security facility. Client #3: Rose was a 45 year-old repeat offender with a history of severe migraine headaches. In the months preceding her arrest, she became increasingly dependent on an opiate-based migraine analgesic that had theretofore been the only drug that alleviated her debilitating pain. Over the span of one year, Rose was charged in two jurisdictions with obtaining additional amounts of the drug using fraudulent prescriptions. Offense(s): Rose pled guilty to four counts of
Obtaining Narcotics by Forgery or Fraud in violation of VCC NAR-3016-F6,
§ 18.2-258.1. NCIA's Recommendation: Six months prior to her plea in Prince William County, NCIA assisted Rose before the Court in Fairfax County, Virginia. Because the Virginia Sentencing Guidelines dictated that she serve at least 85% of any sentence handed down by the Court, we successfully argued that Rose be sentenced to probation and drug counseling in addition to community service with a migraine awareness group. When we assisted Rose in Prince William County, we again argued that drug treatment and community service were appropriate conditions for her sentence. Our reports focused heavily on the addictive qualities of the analgesic Rose had been legally prescribed and her medical success in using an alternative product. Outcome: Both courts granted a sentence of probation. Client #4: Thomas is a 25 year-old, second-time offender with a history of substance abuse. Offense(s): Thomas pled guilty to one count of Simple Possession of a Controlled Substance in violation of 21 U.S.C. § 844(a). Jurisdiction: United States District Court for the District of Columbia Probation Office Recommendation: According to the Probation Office's calculations of the Federal Sentencing Guidelines, Thomas' total adjusted offense level was 4 and his criminal history was I. Thomas's recommended guideline imprisonment range was 0 to 6 months. However, there was also information presented by the Government that his conduct was more serious than reflected by the Guidelines. NCIA's Recommendation: NCIA highlighted several issues in Thomas' background for the Court to consider in determining whether to grant a sentence of probation. Specifically, we noted that his father introduced him to illicit drugs at age 12, as well as his success in stopping all drug use in the time after his initial arrest. We also highlighted his increasingly critical role in his family's business. In light of those, and other, factors, we recommended that Thomas be sentenced to a term of probation that included conditions of home confinement and community service with a local organization that assists those seeking a General Equivalency Diploma. Finally, we recommended that, should the Court deem it necessary, Thomas attend an outpatient drug treatment program near his home. Outcome: Court granted probation with above conditions.
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