Free Sentencing Memorandum - District Court of Connecticut - Connecticut

Case 3:03-cr-00105-RNC

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. CHERYL CAINES : : : : : Criminal No. 3:03cr105(RNC)

January 7, 2005

UNITED STATES' SENTENCING MEMO On July 14, 2004, the defendant pleaded guilty to Count One of a Substitute Information that charged her with possession with intent to distribute and distribution of a detectable amount of cocaine base in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(C). As part of the plea agreement, the parties

stipulated that the defendant's offense conduct involved at least 50 grams, but less than 150 grams, of crack cocaine. On August 31, 2004, the United States Probation office issued its initial disclosure of the Presentence Report (hereinafter the "PSR"). offense level to be 30. It calculated the defendant's base Four levels were subtracted in light of

the defendant's minimal role and three levels were subtracted because of the defendant's acceptance of responsibility, resulting in a total offense level of 23. With a criminal

history category of V, the defendant is exposed to a period of incarceration of 84-105 months.

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-2Discussion This case stems from an investigation into the sale of crack cocaine on Enfield Street in Hartford. The evidence in this case

showed that Harvey Ramsey, a.k.a. "Breaker," played a pivotal role in the distribution of significant quantities of crack cocaine. As a sophisticated drug dealer, Ramsey used others to One

insulate himself from directly distributing the narcotics. of those individuals was Cheryl Caines.

The investigation in this case revealed that Caines did not sell crack herself, but directed potential buyers to various sellers on Enfield Street. buyers. She also delivered narcotics to

Harvey Ramsey, who was sentenced to 108 months in

federal prison, was the principal supplier on Enfield Street and provided buyers - - and other drug dealers - - with multiple ounce quantities of crack cocaine. As documented in the PSR, the

defendant delivered crack cocaine to a FBI CW on two occasions for Ramsey. dealers. She also directed buyers to other, lower level drug

For these efforts, she received either small amounts of

money or narcotics. Paragraph 79 of the PSR indicates that a downward departure may be warranted in light of the defendant's mental state. Section 5H1.3 of the Sentencing Guidelines states that "[m]ental and emotional conditions are not ordinarily relevant in determining whether a sentence should be outside of the Guideline

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-3range, except as provided in [U.S.S.G. § 5K2.0]." To depart

under § 5K2.0, it is well settled that the court must conclude that the defendant's situation is extraordinary. See e.g. United Further,

States v. Rivera, 192 F. 3d 81, 84-5 (2d Cir. 1999).

the defendant must show that the mental condition "contributed to the defendant's commission of the offense." Rivera, 192 F.3d at

85 (2d Cir.1999); see also United States v. Reinoso, 350 F.3d 51, 57 (2d. Cir. 2003). There is no question that the defendant in this case has serious mental health issues. Further, it is also apparent that On

the defendant has made repeated attempts at rehabilitation.

January 7, 2004, defense counsel informed the Government that he would request a downward departure for these and other reasons under Koon and its progeny. The Government will respond once it

receives the defendant's motion and is filing this memorandum now in light of the fact that sentencing is scheduled for Monday, January 10, 2005. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY RAYMOND F. MILLER ASSISTANT UNITED STATES ATTORNEY 450 MAIN STREET HARTFORD, CT 06103 Tel. (860) 947-1101 Federal Bar No. ct20451

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-4CERTIFICATION I hereby certify that a copy of the foregoing memorandum was faxed on January 7, 2005 to John Andreini, Esq. Otto Rothi, USPO

RAYMOND F. MILLER ASSISTANT UNITED STATES ATTORNEY