Charles Carver

Jurisdiction:  Federal
Offense: Conspiracy to Possess with Intent to Distribute Cocaine Base; Aiding and Abetting the Possession with Intent to Distribute Cocaine Base; Aiding and Abetting the Use of the U.S. Mails to Facilitate Commission of a Drug Crime
Court:  Western District of Kentucky
Priors:  Possession of Cocaine Base for Sale (felony); Driving Under the Influence
Date of Birth: 1959
Date of Sentencing: 1994

The police intercepted an Express Mail package containing 64.5 grams of crack cocaine and addressed to Charles’ brother.  Upon delivery of the package, Charles’ brother cooperated with police and named Charles as the sender.  Charles’ handwriting was on the labels and the letter inside the package.

Before being arrested, Charles lived with his wife of eleven years and his two children.  He admitted to having problems with drugs and alcohol, but since his imprisonment he has successfully completed the Residential Drug Abuse Program (RDAP) and the Drug Education Program (DEP).  His RDAP treatment specialist said, “He consistently noted that he is serious about maintaining his sobriety and avoiding further incarceration.”  Charles has also completed numerous academic courses, earning a Culinary Arts Associates Degree, a Paralegal Associates Degree, and a Bachelor of Arts in Religious Education.  His work supervisor at Terminal Island noted, “Inmate Carver is a conscientious, hard working individual, with exemplary work ethics.… His dependability and promptness often go beyond the call of duty.  In short, I’m sure that any consideration shown him is greatly deserved.”

What do you think Charles’ sentence should have been?

According to the U.S. Sentencing Guidelines, the base offense level for possession of 64.5 grams of cocaine base is 32.  Charles was given the leader/organizer enhancement of four points because the note in the package directed distribution and prices.  His total offense level was 36.  Charles had five criminal history points, putting him in Category III of criminal history.  His original guideline sentence range was 235-293 months.  However, because it was his second conviction for cocaine base, the mandatory minimum of 120 months doubled to 240 months, or 20 years in prison.  Charles’ brother received a 48-month sentence in a plea bargain agreement with the prosecution. 

At sentencing, the judge in Charles’ case said the following:

I have stated on numerous occasions that in more than one area the sentencing guidelines deprives a sitting district judge with a lot of discretion.  And but, you see, the Congress has passed this.  This argument is one that has to be made to the people, because they have demanded the Congress to do something, you know, about this drug.  Now whether or not what they have done is the appropriate answer, is not for me to say.  All I can say to you is, well, there are district judges that have resigned because they could not in good conscience impose sentences mandated by the Congress in these sentencing guidelines.  I haven’t got to that point yet.  But the Congress passed these sentencing guidelines and whether it is the appropriate way to handle it, I still say we have lost the war.  The war has been lost as far as I can see.  Because I keep handing out these stiff sentences and they keep coming before me.