Jurisdiction:  Federal
Sentence:  19 years 7 months
Offense:  Conspiracy to possess with intent to distribute methamphetamine; Conspiracy to launder monetary instruments
Court:  Northern District of Texas
Priors:  None
Date of Birth:  1970
Date of Sentencing:  2001
Projected Release Date:  2018

Dana was arrested in May 2000 for her participation in a methamphetamine conspiracy ring in Texas that involved 15 other individuals, including her father.  The Drug Enforcement Agency (DEA) began to monitor the ring in 1996 and claimed that throughout their surveillance period Dana delivered money, acted as a courier, and occasionally distributed meth to other individuals.  Dana was a methamphetamine addict whose involvement in the conspiracy was motivated by her addiction and need to pay off drug debt.  She frequently received drugs as payment and only had $11 in her bank account at the time of her arrest—hardly the earnings typical for someone with the level of involvement the DEA attributed to her. When charged, Dana was held accountable for the 12.25 pounds of methamphetamine that the prosecution alleged she distributed throughout the conspiracy (no drugs were found on her person).  She took her case to trial, where she was found guilty of conspiracy to possess with intent to distribute methamphetamine and conspiracy to launder monetary instruments at trial. 

Raised in Texas, Dana lived with both parents until they divorced when she was just 7 years old.  She then lived with her mother until she was an adolescent, when she chose to move in with her father, who was a drug user.  Dana started to experiment with drugs at age 12 and was using meth by the time she was 15.  Despite her drug use, Dana was an exemplary student in high school and was a member of the National Honor Society.  After graduating in 1989, she attended school to become a legal secretary at VTI Business Computer School for Paralegal Studies, where she maintained a straight-A average.  She also completed three courses at Ranger Junior College in Graham, Texas.  To support herself, Dana worked as an administrative assistant and bartended for a period of time.  All the while she struggled with her addiction to methamphetamine and, at the time of her arrest, had been an addict for 15 years. 

Unfortunately, even Dana’s arrest did not completely halt her drug use and she failed multiple urinalysis tests while out on bond awaiting trial.  She was finally able to overcome her addiction while in prison.  Since entering the prison system, Dana has held the same job and has never received an incident report. She takes her rehabilitation seriously and has completed the CHANGE program, serving as a mentor for two years.  Regarding her situation, Dana states, “I was definitely guilty of wrong doing…I believe that first-time nonviolent offenders should be given a second chance.  I know that all I needed was to get off of the drugs to become a productive member of society.  I am clean and healthy now and am thankful for that.”

What do you think Dana’s sentence should have been?
Because of the amount of methamphetamine attributed to her, Dana’s original guideline level was 36.  She received a two-point enhancement for obstruction of justice for allegedly instructing a codefendant to lie on the stand, which brought her adjusted guideline level to 38.  With a criminal history category I, she received a sentence at the lower end of the guideline range of 235 months - 19 years, seven months.  Hardly the most culpable participant in the conspiracy, Dana’s sentence exceeded 14 of her 15 codefendants’ sentences.  Aside from Dana, no one received a sentence greater than 180 months, with the exception of her father, who received a 26-year sentence with a 3-year reduction on appeal.