USA v. Eckles et al

OCR transcription for search; preserved printed pages are authoritative

UNITED STATES DISTRICT COURT FOR THE

7 y :

WESTERN DISTRICT OF NORTH CAROLINA Puen
STATESVILLE DIVISION RLOTTE, tic
US. preps
UNITED STATES OF AMERICA ) UNDER SEAL WESTERN er sounr
) 1 GF Ne
vs. ) DOCKET NO. 5:05CR9-V-25
)
OKIERA DONELL MYERS ) MOTION FOR A DOWNWARD
) DEPARTURE U.S.S.G. § SKL.1 AND
) 18 USC 3553(e)

NOW COMES the United States of America, by and through Gretchen C.F. Shappert,
United States Attorney for the Western District of North Carolina, who moves, pursuant to
Section 5K1.1 of the Sentencing Guidelines for a downward departure from the applicable
guideline range to reflect defendant’s substantial assistance.

The defendant has provided substantial assistance in the investigation and prosecution of
other individuais. The degree of such a reduction must be reasonable and should reflect the
Court’s assessment of the defendant’s substantial assistance in the investigation and prosecution
of others. “Substantial weight should be given to the government’s evaluation of the extent of
the defendant’s assistance, particularly where the extent and value of the assistance are difficult
to ascertain.” Section 5K1.1 Application Note 3. Additionally, “the sentencing judge must...
state the reasons for reducing a sentence under [5K1.1].” Commentary to Section 5K 1.1; see
also Title 18, United States Code, Section 3553(e).

BASIS FOR MOTION AND SPECIFIC RECOMMENDATION

Section 5K1.1(a) U.S.S.G., enumerates a non-exclusive list of factors the Court may

consider in determining whether a downward departure should be granted and, if so, the extent of

such departure. Below, the United States addresses each such relevant factor and sets for the

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INFORMATION

GPO

specific recommended reduction based on such factor.

The defendant is currently facing a guideline range of 120 months, offense level 25,
criminal history category IV_. [21 USC § 851 Notice was filed, enhancing his previous
guidelines range of 84 - 105 months. ]

(a)(1) the court’s evaluation of the significance and usefulness of the defendant’s
assistance, taking into consideration the government’s evaluation of the assistance
rendered;

Government’s evaluation and recommendation:

The Defendant has been debriefed by agents and has provided information
about drug trafficking.

(a)(2) the truthfulness, completeness, and reliability of any information or testimony

provided by the defendant;

The defendant’s information is considered by the government to be truthful
and reliable.

Government’s evaluation and recommendation:

(a)(3) the nature and extent of the defendant’s assistance;
Government’s evaluation and recommendation:
The defendant has provided information to investigators and testified at two
trials for the United States. He was a credible and truthful witness. His
assistance was substantial.

(a)(4) any injury suffered, or and danger or risk of injury to the defendant or his family
resulting from his assistance;

Government’s evaluation and recommendation:

The government is not aware of any threats made against the defendant.
However, cooperation in drug cases is inherently dangerous.

Case 5:05-cr-O0009-MEO-DCK Document 866 Filed 09/05/07 Page 2of4

(a)(5) the timeliness of the defendant’s assistance.
Government’s evaluation and recommendation:

The defendant’s cooperation was timely.

TOTAL OFFENSE LEVEL: 20
CRIMINAL HISTORY CATEGORY: IV
GUIDELINE RANGE: 51 - 63 mos. [Recommendation: 60 months]

* THIS RECOMMENDATION IS THE LOWEST RECOMMENDATION FOR
REDUCTION BY THE GOVERNMENT. IF THE DEFENDANT’S OBJECTIONS TO THE
PSR RESULT IN ANY MODIFICATION TO THE CALCULATIONS IN THE PSR, THE
GOVERNMENT’S RECOMMENDATION AS TO THE “GUIDELINE RANGE” ABOVE
WILL NOT BE REDUCED BY SUCH MODIFICATION.

The United States respectfully requests the Court to depart downward from the original
calculations of the PSR and impose a sentence with the range as calculated under the above
recommendation.

Respectfully submitted, this the 4th day of September, 2007.

s/ GRETCHEN C.F. SHAPPERT
UNITED STATES ATTORNEY
Bar Number 9460

Attorney for the Plaintiff

227 West Trade Street, Suite 1650

Charlotte, NC 28202

704-338-3110 (Direct Line) |
704-227-0259 (fax) |
gretchen. shappert@usdoj.gov

Case 5:05-cr-O0009-MEO-DCK Document 866 Filed 09/05/07 Page 3of4

CERTIFICATE OF SERVICE

Thereby certify that the foregoing motion was duly served upon the defendant through
defendant’s counsel, by Electronic Filing:

Matthew Joseph

725 East Trade Street, Suite 115
Charlotte, NC 28202
butlerlawoffice@aol.com

This the 4th day of September, wy N
oF (iF

s/ GRETCHEN C.F. $
UNITED STATES ATTORNEY
Bar Number 9460

Attorney for the Plaintiff

227 West Trade Street, Suite 1650
Charlotte, NC 28202
704-338-3110 (Direct Line)
704-227-0259 (fax)
gretchen.shappert@usdoj.gov

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