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UNITED STATES v. ITALIANO

September 24, 1992

UNITED STATES OF AMERICA
v.
DONNA L. ITALIANO


DITTER


The opinion of the court was delivered by: J. WILLIAM DITTER

DITTER, J.

 September 24, 1992

 This case comes before the court on defendant's objections to her pre-sentence report.

 Donna L. Italiano entered a plea of guilty to distributing cocaine base and conspiring to do so. These charges grew out of her arrest on October 3, 1991. On that date, she and her co-defendant, Edward Brown, were seen on a Philadelphia street corner standing near a black Cadillac. Several persons approached Brown and handed him money. In each instance, Brown then reached into the trunk of the car, removed a small object, and handed it to the person from whom he had received the money.

 An undercover police officer approached Brown. After a brief conversation, Brown motioned to Ms. Italiano who then reached into her pocket and removed three clear vials that subsequent testing showed to have cocaine base. She handed them to the officer who in turn gave $ 15. to Brown. *fn1"

 A team of officers then arrested Brown and Ms. Italiano. In the trunk of the car the officers found a loaded semi-automatic rifle and 200 vials containing cocaine base. The vehicle, which proved to be inoperable, was registered in Ms. Italiano's name. When Ms. Italiano plead guilty, the government stipulated that the cocaine base actually given by Ms. Italiano to the undercover officer weighed between 500 milligrams and one gram. The total weight of cocaine base, however, including that in the car trunk was 10.6 grams.

 The defendant objected to the guideline computations as set forth in the following paragraphs of the pre-sentence report:

 
(19) Offense level, based on 5 to 20 grams of cocaine base, as provided in section 2D1.1(c)(9) 26
 
(21) Adjustment for role in offense, provision for which is made in section 3B1.2 0
 
(20) Enhancement for gun possession as provided for in section 2D1.1(b)(1) 2
 
(23) Adjustment for obstruction of justice as provided for in section 3C1.1 2

 (25) Adjustment for acceptance of responsibility as provided for ...


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