United States v. Johnson

UNITED STATES OF AMERICA, v. MONIQUE ADONOLA JOHNSON, Defendant.

15-CR-0534 (WFK)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

April 27, 2017

MEMORANDUM & ORDER

WILLIAM F. KUNTZ, II, United States District Judge:

On August 18, 2016, Monique Adonola Johnson ("Defendant") pleaded guilty to one count of importation of cocaine, in violation of 21 U.S.C. § 952(a). The Court now sentences her and provides a complete statement of reasons pursuant to 18 U.S.C. § 3553(c)(2) of those factors set forth by Congress and the President and contained in 18 U.S.C. § 3553(a). For the reasons discussed below, Defendant is hereby sentenced to payment of the $100.00 special assessment, with no period of incarceration or supervised release.

BACKGROUND

On September 18, 2015, the United States filed a Complaint against Defendant, alleging she had unlawfully imported cocaine, a Schedule II controlled substance, into the United States. See Compl. at 1, ECF No. 1. On October 16, 2015, the United States indicted Defendant on two counts: (1) importation of cocaine, in violation of 21 U.S.C. § 952(a), and (2) possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). See Indictment at 1-2, ECF No. 6. On August 18, 2016, Defendant pleaded guilty to Count One of the Indictment pursuant to a Plea Agreement. See Plea Agreement ¶ 1, ECF No. 15.

The Court hereby sentences Defendant and sets forth its reasons for Defendant's sentence using the rubric of the 18 U.S.C. § 3553(a) factors pursuant to 18 U.S.C. § 3553(c)(2).

DISCUSSION

I. Legal Standard

18 U.S.C. § 3553 outlines the procedures for imposing sentence in a criminal case. If and when a district court chooses to impose a sentence outside of the Sentencing Guidelines range, the court "shall state in open court the reasons for its imposition of the particular sentence, and . . . the specific reason for the imposition of a sentence different from that described" in the Guidelines. 18 U.S.C. § 3553(c)(2). The court must also "state[] with specificity" its reasons for so departing "in a statement of reasons form[.]" Id.

"The sentencing court's written statement of reasons shall be a simple, fact-specific statement explaining why the guidelines range did not account for a specific factor or factors under § 3553(a)." United States v. Davis, 08-CR-0332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar. 29, 2010) (Weinstein, J.). Section 3553(a) provides a set of seven factors for the Court to consider in determining what sentence to impose on a criminal defendant. The Court addresses each in turn.

II. Analysis

A. The Nature and Circumstances of the Offense and the History and Characteristics of the Defendant

The first § 3553(a) factor requires the Court to evaluate "the nature and circumstances of the offense and the history and characteristics of the defendant." 18 U.S.C. § 3553(a)(1).

Born in Georgetown, Guyana on April 11, 1986, see Presentence Investigation Report ("PSR") ¶ 27, ECF No. 17, Defendant has lived a difficult and tragic life. After her parents separated due to her father's drug addiction when she was three years old, id., Defendant was raised by her mother in a low-income household, id. ¶ 29. Although her maternal grandparentsprovided some financial assistance, her family lived in a trailer home and was often unable to afford food. Id. ¶ 29. From the age of five until Defendant was nineteen, her mother beat her multiple times a week, using items such as cooking utensils, leather belts, and sticks. Id. Indeed, the beatings only stopped once Defendant started working on her own. Id. Despite these difficult circumstances, Defendant maintains good relationships with her six siblings, id. ¶ 28, and her parents remain supportive of her, id. ¶ 27.

Defendant attended high school in Guyana from 2001 until her graduation in 2005, and she generally received very good grades. Id. ¶ 40. After graduating from high school, she maintained steady employment in Guyana, including as an insurance agent, a sales representative at a clothing store, a bill sorter, a finance/payroll employee, and a marketing representative. See id. ¶¶ 44-46. Eventually, she became the owner of her own clothing boutique. Id. ¶ 43.

In 2006, Defendant began a romantic relationship with Quincy Critchlow, who she married in 2015. Id. ¶ 33. Defendant stated that the relationship started out well but that Critchlow because physically abusive towards her starting in or around 2009. Id. From then until the instant offense, he would regularly knee her in the chest, choke her, or put a gun in her mouth or to her head, and he would do so in front of their child and neighbors. Id. Although Defendant was never hospitalized as a result of these beatings, she would visit the hospital to file a police report each time and has provided corroborating documentation from the Leonora Cottage Hospital in Guyana. Id. Around the time the abuse started, Defendant gave birth to a daughter, who currently resides in Guyana with Defendant's cousin. Id. Defendant speaks with her daughter every day and provides her with financial support, whereas Critchlow does not provide any financial support. Id.

On September 17, 2015, Defendant arrived at John F. Kennedy International Airport in Queens, New York aboard a flight from Guyana. Id. ¶ 3. She was selected for a Customs and Border Protection ("CBP") inspection and presented two suitcases for inspection, which she informed the CBP officers belonged to her and she had packed herself. Id. An inspection of the suitcases revealed that the bottom of the smaller one was unusually thick and gave off a strong chemical odor. Id. CBP officers then probed the bottom of the smaller suitcase, revealing a pasty substance that field-tested positive for cocaine. Id. A search of the larger suitcase also revealed a pasty substance that field-tested positive for cocaine. Id. ¶ 4. Defendant was then placed under arrest. Id. A subsequent Drug Enforcement Administration laboratory report revealed that the total net weight of cocaine seized as part of the instant offense was 4.656 kilograms. Id.

After her arrest, Defendant informed the Government that her husband, Critchlow, had demanded that she bring the luggage into the United States and that she was aware it contained cocaine, which had already been loaded into the suitcases when she received them. Id. ¶ 6. Her husband had told her to go to the Galaxy Hotel in Brooklyn, New York when she arrived and had said someone would meet here there. Id. He also told her that they would not have to worry about struggling to find money anymore when she returned to Guyana. Id. Due to a variety of factors, a controlled delivery was not attempted. Id. Per the Government, Defendant has made no prior trips, and she does not have any travel history to the United States. Id.

On September 21, 2015, Defendant was released on a $100,000.00 bond with pretrial reporting conditions and has been at liberty ever since. Id. at 1. The supervising Pretrial Services officer has advised that Defendant has complied with all Court-ordered conditions of release. Id. ¶ 2. Since her arrest, Defendant has continued to experience verbal abuse from herhusband over the phone, including threats that he intends to kill Defendant and beat her daughter. Id. ¶ 37. As a result, Defendant experienced thoughts of suicide and entered a mental health program called COPE (Counseling, Outreach, Prevention and Education) through Pretrial Services. Id. ¶¶ 36, 38. She attended sessions on a bi-weekly basis before completing the outpatient program on October 22, 2016. Id. ¶ 38. Although Defendant continues to experience depression, insomnia, and lack of appetite, she is no longer suicidal. Id. During her release, Defendant has also spent her free time volunteering several times a week at a church in New Jersey and a local community organization in Brooklyn. Id. ¶ 42.

B. The Need for the Sentence Imposed

The second § 3553(a) factor instructs the Court to consider "the need for the sentence imposed (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner." 18 U.S.C. § 3553(a)(2).

The Court's sentence punishes Defendant for violating federal law and is crafted to deter her and others from engaging in similar criminal activity in the future. The Court also takes into account Defendant's history of abuse at the hands of her husband (and his role in the instance offense), need to provide for and protect her young daughter, lack of criminal history, and good behavior while out on bond.

C. The Kinds of Sentences Available

The third § 3553(a) factor requires the Court to detail "the kinds of sentences available" for Defendant. 18 U.S.C. § 3553(a)(3).

Defendant pleaded guilty to one count of importation of cocaine, in violation of 21 U.S.C. § 952(a), for which she faces a maximum term of imprisonment of twenty years. See 21 U.S.C. § 960(b)(3). If a term of imprisonment is imposed, the Court must also impose a term of supervised release of at least three years, see id., unless Defendant satisfies the mitigating factors in 18 U.S.C. § 3553(f), in which case the statutory minimum does not apply and the authorized term of supervised release is not more than three years, see 18 U.S.C. § 3583(b)(2). The mitigating factors are as follows:

(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;

(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;

(3) the offense did not result in death or

...