Case 1:08-cr-00387-GBL Document 44 Filed 09/02/10 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA )

)
v. ) CRIMINAL NO. 1:08CR387
)
ABDULLAH MATTOCKS, ) The Honorable Gerald Bruce Lee
)
Defendant. ) Sentencing: September 9, 2010

POSITION OF THE UNITED STATES WITH RESPECT TO SENTENCING

The United States of America, through its attorneys, Neil H. MacBride, United States

Attorney, and Michael P. Ben’Ary, Assistant United States Attorney, in accord with 18 U.S.C. §

3553(a) and the United States Sentencing Commission, Guidelines Manual, (Nov. 2009), files

this Position of the United States With Respect to Sentencing. Based on the defendant’s recently

filed motion to withdraw his guilty plea, the United States objects to the defendant receiving a

Guidelines reduction for acceptance of responsibility pursuant to U.S.S.G. §3E1.1(a). The

correct Guidelines level (Level 40) results in a recommended sentencing range of 360 months to

life incarceration on Count 1, plus a consecutive sentence of at least five years on Count 2. A

sentence within the range recommended by the United States Sentencing Guidelines is

reasonable and appropriately accounts for each of the factors set forth in 18 U.S.C. § 3553(a),

and accordingly, the government requests that this Court impose such a sentence.

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Argument

I. Sentencing Guidelines

Even though the Sentencing Guidelines are advisory, United States v. Booker provides

that sentencing courts “must consult those Guidelines and take them into account when

sentencing.” 543 U.S. 220, 125 S. Ct. 738, 767 (2005). “[A] district court shall first calculate

(after making the appropriate findings of fact) the range prescribed by the guidelines. Then, the

court shall consider that range as well as other relevant factors set forth in the guidelines and

those factors set forth in [18 U.S.C.] § 3553(a) before imposing the sentence.” United States v.

Hughes, 401 F.3d 540, 546 (4th Cir. 2005).

Acceptance of Responsibility

Based on the defendant’s motion to withdraw his guilty plea and affidavit, filed on

August 26, 2010, it is clear that the defendant no longer accepts responsibility for his criminal

offenses. Section 3E1.1(a) of the Sentencing Guidelines provides for a two-level reduction “[i]f

the defendant clearly demonstrates acceptance of responsibility for his offense ....” Since the

defendant now asserts that “he NEVER committed any offense [against the United States] as

‘alleged,’” he has not clearly demonstrated acceptance of responsibility for his offense. The

defendant should not receive a Guidelines reduction when he denies committing the offenses of

conviction.

II. 18 USC §3553 Factors

Section 3553 states that the court should consider the nature and circumstances of the

offense and characteristics of the defendant. In addition, it states that the court must consider

other factors, including the need for the sentence “to reflect the seriousness of the offense, to

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promote respect for law, and to provide just punishment for the offense; [and] to afford adequate

deterrence to criminal conduct.” 18 U.S.C. § 3553(a)(2)(A) & (B). In addition, the sentence

should protect the public from further crimes of the defendant and provide the defendant with

needed correctional treatment. 18 U.S.C. § 3553(a)(2)(C) & (D). In this case, the defendant has

committed serious crimes over an extended period of time. The Court must impose a significant

sentence in order to address the danger to the community posed by this defendant, the risk for

recidivism of an individual who has still not accepted responsibility for his crimes, and to deter

others from engaging in this type of conduct.

The trafficking of cocaine is a serious offense which imposes enormous pecuniary and

non-pecuniary costs on society. This defendant’s possession of five firearms in connection with

his role as a leader in a drug trafficking organization only increases those costs. This defendant

is a serious criminal who was involved in serious crimes. A sentence within the recommended

Guidelines range would be a harsh, but deserved sentence.

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Conclusion

For the reasons stated, the United States asks this Court to impose a sentence within the

range recommended by the United States Sentencing Guidelines.

Respectfully Submitted,

Neil H. MacBride
United States Attorney

By: /s/
Michael P. Ben’Ary
Dennis Fitzpatrick
Assistant United States Attorneys
United States Attorney’s Office
2100 Jamieson Avenue
Alexandria, VA 22314
Phone: (703) 299-3700
Facsimile: (703) 837-8242
Michael.Ben’Ary2@usdoj.gov

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CERTIFICATE OF SERVICE

I hereby certify that on the 2nd day of September 2010, I electronically filed the foregoing

with the Clerk of Court using the CM/ECF system, which will then send a notification of such

filing (NEF) to the following:

John Kiyonaga, Esq.

Counsel for Abdullah Mattocks

I hereby certify that I will cause a copy to be delivered to:

Carla G. Coopwood
Senior U.S. Probation Officer
Suite 100
10500 Battleview Parkway
Manassas, Virginia 20109

/s/
Michael P. Ben’Ary
Assistant United States Attorney
United States Attorney’s Office
2100 Jamieson Avenue
Alexandria, VA 22314
Phone: (703) 299-3700
Facsimile: (703) 837-8242
Michael.Ben’Ary2@usdoj.gov