Sabrina Giles#21893-051
Federal Sentence: 12 years (10 mandatory minimum with 2 additional guideline years from a plea agreement)
Offense: Conspiracy to Possess WITD over 50 Grams of Meth; Possession WITD over 5 Grams of Meth
Court: District of New Mexico
Priors: None
Date of Sentencing: 4/26/2004
Date of Birth: 2/27/1982
Projected Release Date: 5/22/2014
Nature of Offense: Sabrina’s trouble began when as a 19 year old she fell in love with a man 13 years her senior. He was a methamphetamine dealer in New Mexico and introduced the drug to Sabrina. In 2002 he had two encounters with the Pecos Valley Drug Task Force, each time involving deals at a Motel 6. On April 30, 2002 police officers went to Sabrina’s home to arrest him—he had been living there since his release three days earlier. Moments before police took him into custody, he placed 0.79 grams of methamphetamine into Sabrina’s waistband as he hugged her, which police confiscated. Then they searched her house and found a total of 49.95 grams of methamphetamine and 21.1 grams of marijuana along with a handgun in the kitchen drawer, bags, scales, and a drug ledger, which belonged to Sabrina’s boyfriend. Sabrina says she kept the gun for protection. Police arrested Sabrina along with her boyfriend, and she cooperated fully, admitting her guilt. Sabrina pleaded guilty but despite her cooperation was sentenced to a term of12 years.
Probation Officer’s Remarks: Sabrina’s probation officer commented that her unusual family circumstance could warrant a judicial departure:
“…the Court could consider a downward departure based on extraordinary family ties and responsibilities. The defendant has a four-year-old daughter who is currently in the custody of the defendant’s mother. However, there is a concern that the defendant’s mother may not be able to care for the child for the length of time the defendant could be imprisoned. Although the child does have her father, he is currently an absconder from parole supervision. The defendant was gainfully employed and providing financial support for her daughter prior to her arrest. In addition, the defendant has no prior arrests or convictions and 144 months is an extensive period of time for the defendant’s child to be away from her mother.”
Guideline Sentence: The government held Sabrina responsible for a weight of methamphetamine between 500 and 1.5 kg of methamphetamine. This amount produces a base offense level of 32. However, due to a “mitigating role cap” in the sentencing guidelines, Sabrina’s base offense level could not exceed level 30 because she received a minor role adjustment. This adjustment also produced a 2-level decrease. She further received a 3-level reduction for her acceptance of responsibility. But her handgun raised her level by 2 points, giving her a total offense level of 27. With no criminal history, Sabrina’s guideline range was 70 to 87 months.
However, her two counts grouped together carry a mandatory minimum term of 10 years (120 months) that trump her guideline sentence. In addition a third count for possessing a gun during a drug trafficking offense would have necessitated a consecutive 5-year mandatory minimum sentence, totaling 15 years. The government dropped this charge in the plea agreement [Rule 11(c)(1)(C)] in exchange for a sentence of 12 years (144 months), 10 of which are a mandatory minimum sentence while the remaining two years are derived from the guidelines.
Sentences of Others Involved: Sabrina’s boyfriend was sentenced to 15 years.
Personal Background: Sabrina was born to working class parents who never legally married. Her father is employed with oil companies and her mother is a housekeeper for motels. They both suffered from substance abuse problems, leading to her father’s incarceration for trafficking marijuana when Sabrina was 10, at which point her parents ended their relationship. Prior to their dissolution, Sabrina’s father physically abused her mother although he never abused Sabrina or her younger sister.
Sabrina’s battle with substance abuse began at age 12 when she started smoking marijuana. In the 10th grade she became pregnant and dropped out of school. The father of her child was extremely volatile and abusive to Sabrina, and he served time in prison for credit card theft and is currently imprisoned in Idaho after absconding from parole. Sabrina’s mother currently cares for Alexis, but the child’s father will gain custody if she can no longer care for her.
Complied from PSR, plea agreement, and inmate information.
JC 1/31/05