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United States v. Mullins

United States District Court, Eastern District of Kentucky, Northern Division, Covington

November 14, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
TINA MULLINS, Defendant.

MEMORANDUM OPINION AND ORDER

Danny C. Reeves, United States District Judge.

Defendant Tina Mullins was sentenced on May 14, 2012, to a term of imprisonment of 70 months based upon her involvement in a conspiracy to distribute a large quantity of cocaine. [Record No. 203] Mullins was subject to a mandatory minimum term of incarceration of 60 months. Additionally, her sentencing range under the United States Sentencing Guidelines was 78 to 97 months of incarceration. However, based on a motion filed by the United States under U.S.S.G. § 5K1.1, the Court granted a reduction of Mullins sentence.

Mullins has now moved the Court to reduce her sentence under 18 U.S.C. § 3582(c)(2) based on the recent amendments to the drug tables of the United States Sentencing Guidelines used to determine non-binding guideline ranges for incarceration applicable to certain federal drug offenses. [Record No. 379] Having reviewed the file of this proceeding, including the defendant’s Presentence Investigation Report (“PSR”), the Court finds that an additional reduction of the defendant’s sentence is not appropriate. Therefore, her motion will be denied.[1]

Mullins was charged with ten other co-defendants with a conspiracy to distribute more than 500 grams of cocaine in violation of 21 U.S.C. § 846, among a number of other charges. All but the conspiracy to distribute charge were dismissed upon motion of the United States at sentencing. [Record No. 203] The factual basis supporting Mullins’ guilty plea is found in paragraph 3 of her written plea agreement, which provides:

(a) From 2003 and continuing through October 2011, the Defendant conspired with Vincent Nunley, James Holt, Daniel Maley, Jesse Johnson, Charles Slone, Shasta Hodges, Kevin Mullins, William Hensley, Carl Ridpath, Romaine Parm, and others to distribute cocaine, a Schedule II controlled substance, and marijuana, a Schedule I controlled substance, in the Eastern District of Kentucky. The Defendant's involvement in the conspiracy is more particularly described below.
(b) James Holt was the leader of the organization and Vincent Nunley was his source of supply of cocaine; Maley and Johnson were mid-level distributors; the Defendant, Slone, Hodges, Kevin Mullins, and Hensley were street-level distributors; and Ridpath and Parm were sources of supply of marijuana. The organization operated primarily in Covington, Kentucky and out of the Someplace Else Bar, in particular.
(c) From February 2011 and continuing through October 25, 2011, the Drug Enforcement Administration (DEA) and the Northern Kentucky Drug Strike Force (NKDSF) made several controlled purchases of cocaine from the individuals named above. The details of those purchases are as follows:
(1) On February 14, 2011, a confidential source (CS) purchased 11.7 grams of cocaine from the Defendant, which was supplied by Daniel Maley;
(2) On February 17, 2011, a CS purchased 12.6 grams of cocaine from the Defendant, which was supplied by Daniel Maley;
(3) On February 23, 2011, a CS purchased 3.37 grams of cocaine from the Defendant and Kevin Mullins, which was supplied by Daniel Maley;
(4) On March 4, 2011, a CS purchased 25.3 grams of cocaine from the Defendant, which was supplied by Daniel Maley;
(5) On March 10, 2011, a CS purchased 51.4 grams of cocaine from the Defendant, which was supplied by Daniel Maley;
(6) On March 30, 2011, a CS purchased 105.7 grams of cocaine from the Defendant, which was supplied by Daniel Maley;
(7) On April 21, 2011, two CSs purchased 52.9 grams of cocaine from the Defendant, which was ...

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