East Bay Resident Sentenced To Ten Years In Prison For Drug Trafficking

OAKLAND– Marques Romale McCutcheon was sentenced today to 120 months in prison for possession with intent to distribute crack cocaine, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.  The sentence was handed down by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.

McCutcheon, 39, of Dublin, Calif., pleaded guilty to the charge on October 22, 2018.  According to his plea agreement, McCutcheon admitted that on May 18, 2017, he possessed approximately 83 grams of crack cocaine.  The cocaine was divided into twelve small plastic bags McCutcheon intended to sell.  Further, McCutcheon admitted he was arrested after police observed a transaction involving the sale of crack cocaine from a car McCutcheon occupied with other passengers while the car was parked in Oakland in the lot of a liquor store.  McCutcheon also admitted in his plea agreement that he had $887 in cash on his person at the time of his arrest, and that the cash was proceeds of narcotics trafficking. McCutcheon also admitted that he had previously been convicted of a violent felony and a drug trafficking felony.  

On July 21, 2018, a federal grand jury indicted McCutcheon for one count of possession with intent to distribute cocaine base in the form of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii).  McCutcheon pleaded guilty to the charge.

At sentencing, Judge Gilliam found that McCutcheon is a career offender as that term is defined by the United States Sentencing Guidelines.  Judge Gilliam concluded McCutcheon’s status as a career offender subjected him to a longer sentence under federal sentencing guidelines.  

In addition to the prison term, Judge Gilliam ordered McCutcheon to serve a 5-year term of supervised release that will begin at the conclusion of his prison term.

Assistant U.S. Attorney Tom Green is prosecuting the case with the assistance of Elyza Delgado.  The prosecution is the result of an investigation by the Berkeley Police Department with assistance from the FBI.