Dupree v. United States

583 A.2d 1000, 1990 D.C. App. LEXIS 306, 1990 WL 205221
CourtDistrict of Columbia Court of Appeals
DecidedDecember 14, 1990
Docket89-373, 89-446
StatusPublished
Cited by18 cases

This text of 583 A.2d 1000 (Dupree v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dupree v. United States, 583 A.2d 1000, 1990 D.C. App. LEXIS 306, 1990 WL 205221 (D.C. 1990).

Opinions

BELSON, Associate Judge:

Sabrina Dupree appeals from the imposition of a mandatory-minimum sentence of imprisonment of not less than four years and no more than twelve years pursuant to D.C.Code § 33-541(c)(l)(A) (1988) after she entered a plea of guilty to distribution of dilaudid in violation of the D.C. Uniform Controlled Substances Act, D.C.Code § 33-541(a)(l). At the sentencing hearing, the trial judge found that Dupree was not an “addict” and concluded that for that reason Dupree failed to qualify for the addict exception to the statutory requirement of a mandatory-minimum sentence.1 Dupree contends that the trial judge erred in finding that she was not an addict. We agree, and therefore reverse and remand for further proceedings.

I.

At the sentencing hearing, Dupree testified in her own behalf about her addiction to marijuana, cocaine, and heroin. She testified that she had used marijuana daily for the past fifteen years and that she had used cocaine and heroin for the past ten years. Dupree stated that her habit cost her approximately $200 per day, that she could not stop using drugs, and that she needed help with the problem. She also testified that she had worked at the Veterans Hospital as a ward secretary for the eight years preceding her arrest, receiving a $450 biweekly paycheck.2 For the past two years, Dupree testified, she had been selling drugs solely to support her drug habit. As further evidence of her addiction, Dupree rolled up her sleeves so the trial judge could see the needle marks in her arms caused by the intravenous use of heroin. Dupree also testified that she had been in an outpatient drug treatment pro[1002]*1002gram but had left when she started “hanging in the streets again, got with the wrong crowd again and ... started using drugs again.”

Dupree’s counsel called one other witness to support Dupree’s testimony that she was an addict, a court liaison officer for the D.C. Pretrial Service Agency Adult Drug Unit. The witness testified, with reference to Dupree’s drug record kept by the agency, that Dupree had tested positive for drugs six out of eight times over a period of approximately a year and a half. On all six occasions, Dupree had tested positive for cocaine. On two of those occasions, she also had tested positive for phencycli-dine (PCP) and, on another occasion, she also had tested positive for opiates. The government offered no evidence to rebut the evidence that Dupree was an addict.

At that point in the proceedings, the trial judge made her findings upon the evidence presented by the defense to support the contention that Dupree was an addict. The judge pointed out that Dupree’s use of drugs had not “in any way impaired her ability” to function in society, noting the fact that Dupree held a job “which required meticulous control of records in a hospital where the health and safety of the patients are at risk if she is not performing.” Du-pree’s counsel attempted, without success, to persuade the trial judge that the use of drugs had impaired Dupree’s ability by pointing to the fact that, as the presentenee investigation report showed, Dupree had lost that very job due to absenteeism and other problems. The trial judge also noted that no evidence was presented of illness as the result of withdrawal, or other evidence of withdrawal patterns, and that there was no showing of a dependency pattern or anything else indicative of an addictive personality. Assuming, apparently, that all the evidence proffered by Dupree was true, the trial judge then ruled that Dupree was not an addict for purposes of the addict exception, and thus not eligible for sentencing pursuant to the exception. Somewhat inconsistently, the trial judge determined that Dupree, nevertheless, needed drug treatment as evidenced by the judge’s recommendation that Dupree receive drug treatment during incarceration, followed by a period of probation with drug treatment.

II.

To qualify for the addict exception, the defendant must notify the trial judge that she seeks to be sentenced under the addict exception and she must prove her eligibility to be so sentenced. Grant v. United States, 509 A.2d 1147, 1154 (D.C.1986). There is no question that defense counsel in this case satisfied the first of these requirements by notifying the trial judge at the plea proceeding that Dupree would seek to be sentenced under the addict exception. The focus of our inquiry will be on the trial judge’s determination that Dupree was not eligible for the exception.

To prove eligibility, the defendant must proffer evidence “that [s]he has no disqualifying convictions, [s]he was an ‘addict’ ... at the time of the offense, and [her] addiction was the primary purpose for the commission of [her] offense.” Id. The proffer should contain “information about the nature of the defendant’s addiction and its relationship to [her] offense,” and not just consist of mere conclusory statements. Id. However, the defendant’s burden of proof cannot be “insurmountable or tantamount to repeal of the addict exception.” Id. at 1156. In order to establish that she is an addict, the defendant must bring herself within the applicable definition of addict which is set forth in D.C.Code § 33-501(24) (1988) as follows:

[A]ny individual who habitually uses any narcotic or abusive drug so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such narcotic drug or abusive drug as to have lost the power of self-control with reference to his addiction.

III.

In this case, the trial judge seems to have focused on the latter portion of the foregoing definition, as is illustrated by her finding that Dupree had not demonstrated [1003]*1003withdrawal symptoms, or an “impaired ability” to maintain employment. To limit the definition of addict to those who demonstrate a physical addiction would be to misconstrue the statutory definition as well as prior cases applying the addict exception. In Grant, we observed that the Controlled Substances Act does not prescribe standards for finding whether the defendant is an addict or whether commission of the offense of manufacturing or distributing narcotics was for the primary purpose of supporting the defendant’s drug addiction. 509 A.2d at 1151. We found guidance in the provisions of the Federal Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. §§ 4251 et seq. (1982), repealed by Pub.L. No. 98-473, 98 Stat. 2027, 2031 (1984), and in judicial interpretation of those provisions. Adopting the NARA standards, we indicated that the addict requirement would be satisfied if the defendant shows habitual use of narcotic drugs, even if she cannot prove physical addiction. Grant, supra, 509 A.2d at 1152-53. As an example, we cited Wheeler v. United States, 276 A.2d 722 (D.C.1971) (involving the Dangerous Drug Control Act which, as we noted in Grant, supra, 509 A.2d at 1152 n.

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Dupree v. United States
583 A.2d 1000 (District of Columbia Court of Appeals, 1990)

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Bluebook (online)
583 A.2d 1000, 1990 D.C. App. LEXIS 306, 1990 WL 205221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupree-v-united-states-dc-1990.