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United States v. Dunbar

United States District Court, E.D. Tennessee, Greeneville

January 25, 2017

UNITED STATES OF AMERICA, Respondent,
v.
TIMOTHY DUNBAR, Petitioner.

          MEMORANDUM AND ORDER

          J. RONNIE GREER UNITED STATES DISTRICT JUDGE.

         This criminal case is before the Court on the motion of defendant for a reduction of sentence, [Doc. 771]. Defendant requests a reduction in sentence pursuant to Amendments 782 and 788 to the United States Sentencing Guidelines. The United States has responded and acknowledges the defendant is eligible for a reduction in sentence but defers to the Court's discretion whether and to what extent to reduce defendant's sentence, [Doc. 783]. The motion will be GRANTED in part.

         I. Factual and Procedural Background

         The defendant was convicted of participating in a conspiracy to manufacture at least five grams of methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(B). He was held accountable for 20 grams of actual methamphetamine, resulting in a base offense level of 28. The base offense level was decreased by three levels pursuant to USSG § 3E1.1(a) & (b) (acceptance of responsibility), resulting in an adjusted total offense level of 25. The criminal history category was IV. The guidelines range was 84 to 105 months. The Court imposed an 84-month sentence of imprisonment.[1]

         At the time of the entry of his guilty plea, the defendant stipulated to the following facts:

a) Through the testimony of several witnesses, including co-conspirators, the United States would demonstrate, beyond a reasonable doubt, that in the Eastern District of Tennessee and elsewhere, from between January 31, 2011 and March 12, 2013, the defendant did knowingly, intentionally, and without authority, conspire with at least one other person to manufacture methamphetamine, a Schedule II controlled substance.
b) The conspiracy involved a network of associates that relied on coordinated efforts to procure methamphetamine precursors and then manufacture methamphetamine. Some of the conspirators' roles consisted primarily of obtaining materials, such as purchasing pseudoephedrine, and funneling the pills to a cook. The cook would consolidate the pills and make the drug utilizing a "shake and bake" manufacturing method.
c) The defendant admits that manufactured methamphetamine in the presence of coconspirators Mark Gardner, Joseph Banner, George Ricky Thomas, Jeffrey Casey, Michael Travis Smith, Carl Daniel Ray, Robert Bennett, Samuel Sanders, Lisa Effler, and others.
d) The defendant admits that he was supplied with equipment and/or precursors which he used to manufacture methamphetamine by co-conspirators Misty Potter a.k.a. Misty Briggs, Samuel Sanders, Donnie Hensley, Brian Smith, and others.
e) The defendant admits that he supplied other methamphetamine cooks including, but not limited to, Joseph Banner, George Ricky Thomas, and Carl Daniel Ray with supplies and/or precursors used to manufacture methamphetamine.
f) The defendant admits to distributing the methamphetamine that he manufactured to coconspirator Samuel Sanders and others.
g) The defendant admits that he taught co-conspirators Spencer Yates, Jeffrey Casey, Michael Travis Smith, and Carl Daniel Ray to make methamphetamine using a "shake and bake" manufacturing method.
h) The defendant admits to purchasing 25 .44 grams of pseudoephedrine which he used himself to manufacture a conservative estimate of 12. 72 grams of actual methamphetamine. Further, the parties agree for the purposes of sentencing that the defendant received between 20 and 40 additional grams of pseudoephedrine from other co-conspirators that he used to manufacture a conservative estimate of an additional 10 to 20 grams of actual methamphetamine. In total, the defendant admits, and the parties agree for the purposes of sentencing, that the defendant manufactured more than 20 grams but less than 35 grams of actual methamphetamine.
i) The defendant further agrees that more than 20 grams but less than 35 grams of actual methamphetamine converts to more than 400 but ...

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