August 3, 2009

BROOKLYN MAN SENTENCED TO 5 MONTHS IN CRACK CASE

The Office of the United States Attorney for the District of Vermont, stated that Rondell Morrison, 30, from Brooklyn, New York, was sentenced on July 28, 2009 to a time-served prison sentence after his guilty plea to charges that he possessed with intent to distribute cocaine base, commonly known as “crack” cocaine. Morrison had served approximately 5 months in prison. United States District Judge J. Garvan Murtha also sentenced Morrison to three years of supervised release and 100 hours of community service.

According to court records, on February 19, 2009, detectives from the Rutland Police Department executed a search warrant at an apartment on State Street in Rutland, where Morrison and his co-defendant, Kenny Walters, were residing. Inside the apartment, officers found approximately 25 grams of crack cocaine, a digital scale, and other evidence of drug dealing. Morrison had hidden approximately 16 grams of the crack in his mouth. On April 7, 2009, Morrison pled guilty to a single-count indictment charging him with possessing with intent to distribute 5 grams or more of crack.

Because the offense involved more than 5 grams crack, Morrison faced a 5-year mandatory minimum term of imprisonment. Nevertheless, the Court determined that Morrison was eligible for lesser sentence because it was Morrison’s first offense, he did not use violence or a firearm during the offense, his conduct did not result in the death or injury of another person, he did not play a leadership role in the conduct, and he gave a truthful statement to the government about his criminal activity prior to sentencing.

Even absent the 5-year mandatory minimum term of imprisonment, Morrison faced a 37-46 month term of imprisonment under the U.S. Sentencing Guidelines, which are now advisory. Citing Morrison’s family circumstances, his recent completion of drug rehabilitation and job-training programs, and the sentencing disparity under federal law for offenses involving crack, rather than powder cocaine, Judge Murtha imposed a sentence below the recommended Guideline range. Also on July 28, 2009, Judge Murtha sentenced Morrison’s co-defendant, Kenny Walters, to 60 months in prison.

Acting United States Attorney Paul J. Van de Graaf commended the Rutland Police Department, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Drug Enforcement Agency for their hard work on this matter. The prosecutor is Assistant United States Attorney Timothy C. Doherty, Jr. The defendant is represented by John C. Mabie of the Brattleboro law firm Gail, Corum, Mabie, Cook & Prodan.