United States v. Chambers

791 F. Supp. 244, 1992 U.S. Dist. LEXIS 7347, 1992 WL 111870
CourtDistrict Court, W.D. Missouri
DecidedMay 14, 1992
DocketNo. 89-00030-01-CR-W-3
StatusPublished

This text of 791 F. Supp. 244 (United States v. Chambers) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Chambers, 791 F. Supp. 244, 1992 U.S. Dist. LEXIS 7347, 1992 WL 111870 (W.D. Mo. 1992).

Opinion

MEMORANDUM OPINION AND ORDER

ELMO B. HUNTER, Senior District Judge.

On April 1, 1992, the above-styled matter was remanded to this Court for the limited purpose of considering the issues raised in defendant’s motion for downward departure. Defendant’s motion raises three issues: (1) whether defendant is entitled to a downward departure in his sentence, due to diminished mental capacity; (2) whether the Court, or the Attorney General, is charged with determining the amount of credit defendant is due for time served; and (3) whether, under this Court’s sentence, defendant is to be remanded to the custody of the federal Bureau of Prisons or returned to the custody of the State of [245]*245California. The Court shall take these issues up in order.

I.

Defendant moves the Court, pursuant to Chapter 5, Part K of the United States Sentencing Guidelines, for a downward departure in his sentence.

Defendant Darian Chambers was charged in a two-count indictment on February 14, 1989. Count 1 alleged that defendant possessed, with the intent to distribute, fifty or more grams of “crack” cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A) a class A felony. Count 2 alleged that defendant, in the course of the above-mentioned drug trafficking offense, used two firearms, in violation of 18 U.S.C. § 924(c) a class D felony. On May 26, 1989, defendant Chambers pled guilty to Count 1. On May 30, 1989, a nonjury trial was held on Count 2, which resulted in a finding of guilty. On September 5, 1989, defendant Chambers failed to appear before the Magistrate for a hearing on a reported bail violation. He remained a fugitive until February 14, 1991, when he was arrested and detained in Los Angeles, California, on state charges.

Defendant now urges this Court to make a downward departure in his sentence contending that he suffers from diminished mental capacity, which contributed to the commission of the crime. Defendant argues that he suffers from attention deficit disorder or minimal brain dysfunction, has features of a dependent personality disorder and suffers from substance dependency. At his hearing on this matter, defendant introduced evidence that the prescription drugs used to treat this condition are similar, in their chemical makeup, to cocaine. Defendant submits that his use of cocaine amounted to an unknowing effort on his part to self-medicate — that is, he acquired and used a controlled substance, which was similar, in its chemical properties, to the medication a physician might have prescribed in the treatment of defendant’s mental disorders.

Section 5K2.13 provides, in pertinent part, that the Court may depart downward in sentencing “[i]f the defendant committed a non-violent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants ... to reflect the extent to which reduced mental capacity contributed to the commission of the offense.” U.S.S.G. § 5K2.13 (emphasis added). The government argues that defendant is not eligible for departure under this section because the offenses which defendant committed do not qualify as being non-violent.

Under the guidelines, “crime of violence” is defined as “any offense under federal or state law punishable by imprisonment for a term exceeding one year that — [inter alia ] ... involves conduct that presents a serious potentia„ risk of physical injury to another.” U.S.S.G. § 4B1.2(l)(ii) (emphasis added). In this case, defendant was convicted of possession with intent to distribute “crack” cocaine and of use of firearms during a drug trafficking offense. Under the circumstances, the Court would agree that the use of firearms, in relation to the aforementioned drug trafficking offense, constitutes an offense involving “conduct that presents a serious potential risk of physical injury to another.”1 The Court, however, needs not, and does not, reach this issue.

This Court understands that the decision to, or not to, depart downwardly is a matter of discretion for the Court. See United States v. Follet, 905 F.2d 195, 197 (8th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2796, 115 L.Ed.2d 970 (1991); United States v. Evidente, 894 F.2d 1000, 1003-05 (8th Cir.), cert. denied, 495 U.S. 922, 110 S.Ct. 1956, 109 L.Ed.2d 318 (1990). Suffice it to say that, after considering all the facts and circumstances of the present case, the Court is not persuaded to exercise its discretion and depart downwardly in its sentence of defendant Chambers. This Court [246]*246is not persuaded that defendant’s mental capacity was significantly reduced, as contemplated by the guidelines, nor that such reduction was not the result of voluntary use of drugs, nor that his mental capacity was a contributing cause of the crime. See generally, United States v. Soliman, 954 F.2d 1012 (5th Cir.1992). Accordingly, the portion of defendant’s motion asking this Court for downward departure is DENIED.

II.

Defendant also argues that the calculation for credit for time served in custody, pursuant to 18 U.S.C. § 3585(b), is a matter within the discretion of the sentencing court and, as such, has urged this Court to make a particular calculation.2 This Court finds United States v. Wilson, — U.S. -, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992) dispositive of this issue. United States v. Wilson held, inter alia, that it is the Attorney General, not the district court, who, in the first instance, computes the amount of § 3585(b) credit a defendant is entitled to for time spent in custody. Id. 112 S.Ct. at 1356. Accordingly, this Court finds that it is without authority to make the calculation urged by defendant.3

In Wilson, the Supreme Court noted that the Bureau of Prisons has developed detailed guidelines and procedures for determining the amount of credit available to prisoners for jail-time already served. Id. at 1355. The Court further stated that after a district court completes its sentencing, “the Attorney General, through the Bureau of Prisons, has the responsibility for administering the sentence.” Id. As such, the “Attorney General has no choice but to make the determination [as to the amount of credit due for time served] ... when imprisoning the defendant.” Id.

A careful reading of the record in the present case leaves some question as to whether the Attorney General, in accordance with Wilson, made the initial computation regarding the amount of credit defendant was entitled to for time served. See Memorandum from Bergman, U.S. Probation Officer, to the Court of 1/30/92 (“The Office of the United States Marshal

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Bluebook (online)
791 F. Supp. 244, 1992 U.S. Dist. LEXIS 7347, 1992 WL 111870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chambers-mowd-1992.