The defendant is ineligible for probation because he will be sentenced to a term of imprisonment on Count 5, 18 U.S.C. § 3561(a)(3).
Under the Sentencing Guidelines, since Mr. Wilkerson possessed at least four but less than five grams of cocaine base, his base offense level is 24 for the narcotics offense. See U.S.S.G. § 2D1.1(a)(3). With a two level reduction for acceptance of responsibility, the total offense level for the narcotics offense is 22.
Mr. Wilkerson also suffers from diminished mental capacity. In the presentence report, a clinical social worker reports that Mr. Wilkerson has been suffering from depression, self-destructive behavior and possible suicidal ideation. The social worker concluded that Mr. Wilkerson used drugs as response to existing emotional problems. I will therefore depart from the guidelines and reduce his offense level by another two points to 20. Mr. Wilkerson's criminal history category is II.
The guideline range on the narcotics offense for an offense level of 20 and criminal history category of II is 37-46 months. I will sentence Mr. Wilkerson to 37 months for the narcotics offense. This is the low end of the range and is being selected because of the defendant's youth, and the Court's view that he has severe medical problems, i.e. drug addiction, and mental problems. I have also taken into account the five year mandatory minimum sentence that must be imposed because of the weapon charge. With the gun offense, his total sentence will be 97 months, a little over eight years. This is more than an adequate sentence for the crime involved.
Here again, I want to point out that the government has not brought before this Court a drug kingpin. At some point I hope Congress will review its sentencing regime because cases like this demonstrate quite clearly that the law is requiring the imposition of unduly harsh sentences in no way commensurate with the offenses committed.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Rahnaun A. Wilkerson, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 97 months. This consists of 37 months on Count 3, and 60 months on Count 5 to run consecutively to Count 3. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 6 years. This consists of 6 years on Count 3 and 3 years on Count 5, all to run concurrently. The following conditions of supervised release are imposed:
1. The defendant shall not commit any crimes, federal, state or local.