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UNITED STATES v. REAVES

January 22, 1993

UNITED STATES OF AMERICA
v.
DARRELL REAVES



The opinion of the court was delivered by: BY THE COURT; MARVIN KATZ

MEMORANDUM/ORDER

 AND NOW, this 22nd day of January, 1993, pursuant to Rule 32(c)(3)(D), Fed. R. Crim. P., it is hereby ORDERED that the following findings and determinations of the court be appended to the presentence investigation report in this case and shall accompany any copy of the presentence investigation report thereafter made available to the Bureau of Prisons. I rule on the Defendant's objections to the presentence investigation report as follows:

 1. Through counsel, the Defendant objects to the statement in the Presentence Report in Paragraph 36 that states Defendant was a member of the Junior Black Mafia ("JBM") since 1986. Defendant states that the relevant date for his entry into the conspiracy is July 1990.

 2. Through counsel, the Defendant objects to the statement in the Presentence Report in Paragraph 37 that he had drug transactions with Rodney Carson. Defendant also states that statements in this paragraph linking Defendant to his brother, Reginald Reaves, are taken out of context and are contrary to the evidence.

 RULING: This court finds that Carson observed at least two drug transactions involving the Defendant. On the first occasion, Carson saw the Defendant receive a half kilogram of cocaine from Jones at Fayette Street in the Mt. Airy section in 1986 or 1987. See Testimony of Rodney Carson, 6/19/92 at pp. 53-54. In 1988 or 1989, Carson was with the Defendant's brother, Reginald, at 52nd and Baltimore waiting for Shawn Davis, who was bringing Reginald a package which Carson believed to contain 10 kilograms of cocaine. See Testimony of Rodney Carson, 6/19/92, am session, at pp. 55-56. The Defendant arrived and he and his brother went to their grandmother's house with Davis who was carrying a duffel bag. See id. Carson observed Davis leaving the house with a smaller bag which Carson understood to contain kilograms of cocaine. See id.

 This court further finds that the testimony at trial indicated that the Defendant's role in the JBM was as "the right hand man of Reggie Reaves" and that the Defendant told Carson the Defendant was "his brother's man" and "they got west Philly sewed up" referring to the drug business in West Philadelphia. See Testimony of Rodney Carson, 6/19/92, am session, p. 53.

 3. Through counsel, the Defendant objects to the statement in the Presentence Report in Paragraph 38 that states the Defendant was present at JBM meetings in which drugs were discussed.

 RULING: This court finds that the Defendant attended the meeting in which Aaron Jones discussed the fact that James Cole was withdrawing from the organization, but that Jones would be taking over Cole's California connection (supplier of cocaine), Earl Stewart. See Testimony of Rodney Carson, 6/19/92, am session, pp. 60-61. In addition, this court finds that the Defendant attended a meeting of JBM members before the shooting at 24th and Moore. See Testimony of Rodney Carson, 6/19/92, am session, pp. 101-104.

 4. Through counsel, the Defendant objects to the statement in the Presentence Report in Paragraph 39 that he had a firearm and wore a bulletproof vest.

 RULING: This court finds that Defendant was observed in possession of a firearm and wearing a bulletproof vest. See Testimony of Rodney Carson, 6/19/92, am session, p. 56; see also Testimony of William Mead, 6/26/92, am session, p. 34 (testifying that he saw Defendant with a firearm).

 5. Through counsel, the Defendant objects to the statement in the Presentence Report in Paragraph 41 that sums up the following: the Defendant was a member of the JBM from 1986; the Defendant was involved with his brother; and the Defendant attended JBM meetings, carried a gun, and wore a bulletproof vest.

 RULING: This court finds that the Defendant was a member of the JBM from 1987, see court's ruling supra at P 1; the Defendant was involved with his brother, see court's ruling supra at P 2; the Defendant attended JBM meetings, see court's ruling supra at P 3; and the Defendant possessed a firearm and wore a bulletproof vest, see court's ruling supra at P 4.

 6. Through counsel, the Defendant objects to the statement in the Presentence Report in Paragraph 43 which denies the Defendant a two-level ...


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