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United States v. Mainor

United States District Court, E.D. Pennsylvania

July 30, 2019

UNITED STATES OF AMERICA
v.
RAYMOND MAINOR

          MEMORANDUM OPINION

          WENDY BEETLESTONE, J.

         On March 18, 2019, Raymond Mainor filed a motion for reduction in sentence pursuant to Section 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. For the reasons that follow, Mainor's motion will be granted in part and denied in part.

         I. BACKGROUND

         A. Mainor's Criminal History and Sentence

         On March 8, 2006, Mainor was charged in a ten-count superseding indictment with crimes related to possession with intent to distribute cocaine, possession with intent to distribute cocaine base (crack), and firearm posession. On December 12, 2006, to seek an enhanced sentence, the Government filed an information pursuant to 21 U.S.C. § 851, which established that Mainor had been previously been convicted of a felony drug crime. On October 23, 2007, after a one-week trial, a jury convicted Mainor of the following offenses:

• Count One - 21 U.S.C. § 841(a)(1) (possession with intent to distribute 15 kilograms of cocaine);
• Count Two - 21 U.S.C. § 841(a)(1) (possession with intent to distribute 15 kilograms of cocaine near a school);
• Count Three - 21 U.S.C. § 841(a)(1) (possession with intent to distribute 1 kilogram of cocaine);
• Count Four - 21 U.S.C. § 860(a) (possession with intent to distribute 1 kilogram of cocaine near a school);
• Count Five - 21 U.S.C. § 841(a)(1) (possession with intent to distribute 6.4 grams of crack cocaine);
• Count Six - 21 U.S.C. § 860(a) (possession with intent to distribute 6.4 grams of crack cocaine near a school);
• Count Seven - 18 U.S.C. § 924(c)(1) (possession of a firearm in furtherance of a drug trafficking crime);
• Count Eight - 18 U.S.C. § 922(g)(1) (felon in possession of a firearm);
• Count Nine - 21 U.S.C. § 841(a)(1)) (distribution ...

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