The opinion of the court was delivered by: SPORKIN
This matter is before the Court on the resentencing of Defendant Amrhu A. Dyce. On March 2, 1994, Defendant pled guilty to Conspiracy to Distribute and Possess With Intent to Distribute Cocaine Base, a violation of 18 U.S.C. § 371 (1994). After three sentencing hearings, on October 19, 1994 the Court departed downward from the U.S. Sentencing Guidelines (the "Guidelines")on grounds of extraordinary family circumstances, and sentenced Defendant to a mixed probationary and custodial term of five (5) years.
The Court's intention was to sentence the Defendant to a three year period of custodial confinement where she could be housed with her infant child. Finding that the Bureau of Prisons had no suitable facilities to care for women prisoners with an infant child, the Court, after an extensive investigation made by the Probation Office, was able to locate a non-governmental custodial facility that would allow a mother to be with her children while she underwent treatment. As part of its sentence, the Court ordered that Defendant be placed in the "Young Mothers Program" in New York, NY for the first 24 month period of her probation, where she would be able to reside with her infant son. After the infant had been weaned from his mother, Defendant was then to spend the next 12 months in a community correction facility or halfway house. See Judgment filed on October 20, 1994.
The government appealed and the Court of Appeals vacated Defendant's sentence and remanded the case for resentencing. The Court has now considered Defendant's Sentencing Memorandum related to the resentencing and the opposition thereto, and heard argument on July 22, 1997. After careful review and consideration of the substantial changes in the facts and circumstances of this case, the Court finds that reimposition of a mixed probationary and custodial term of five years is warranted.
On May 6, 1993, Defendant was in route from New York City to Raleigh, North Carolina and was stopped by Amtrak Police in Union Station, Washington, D.C. She consented to a search of her tote bag, in which officers found three bags filled with a white, rock-like substance. A field test confirmed that the substance was cocaine. Drug Enforcement Administration laboratory analysis revealed that the police had seized 191.8 grams of 76% pure cocaine base.
On March 2, 1994, Defendant pled guilty to the Information charging Conspiracy to Distribute and Possess With Intent to Distribute Cocaine Base, 18 U.S.C. § 371 (1994). She faced a Guidelines sentence of five years, as described above. After three sentencing hearings held between June and October, 1994, this Court found that a downward departure from the Guidelines sentence was warranted on grounds of extraordinary family circumstances.
The Court entered judgment on October 19, 1994, and sentenced Defendant to 60 months of probation with certain restrictions on her liberty.
The government appealed the Court's sentence. On March 8, 1996, the Court of Appeals vacated the sentence and remanded the case for resentencing. United States v. Dyce, 320 U.S. App. D.C. 1, 91 F.3d 1462 (D.C. Cir. 1996), cert. denied, 136 L. Ed. 2d 418, 117 S. Ct. 533 (1996). The Court held a resentencing hearing on July 22, 1997.
II. Events Since the Original Sentencing
Since June 8, 1993, when Defendant was released from the custodial aspect of her sentence, there have been substantial changes in the circumstances surrounding this case.
First, Defendant has coped successfully with the custodial confinement imposed by the Court at her initial sentencing. She was in a drug free residential treatment program, La Casita, for a period of time and made significant steps to improve herself. Unfortunately, she had to leave this program after suffering a severe stroke. Because La Casita had no facilities to treat Defendant's medical problems, she was discharged from the program and, with the Court's approval, she was transferred to Mrs. A's Place, a medically supervised intensive out-patient program. Defendant completed the day care program of Mrs. A's Place in October 1996, and since then she has been attending the aftercare phase of the program.
Second, Defendant has completed the vocational training program to become a medical assistant. She completed the classroom portion of the program in April 1997, and has been doing an externship with several gynecologists in New York.
She completed her externship on July 11, 1997 and graduated from the program, and is scheduled to take the medical assistant board examination in September 1997. The Court has been advised that her employment prospects will then be much better.
In sum, the Probation Office has advised the Court by letter that the Court's original sentence placing Defendant on probation was an "effort [that] was well worth it, as she appears to be drug free, and is continuing to further both her ...