DOC 908 Filed 02/28/7373 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, No. 15-20652 v. HON. GEORGE CARAM STEEH OFFENSES: 18 U.S.C. 1962(d) D-9 DERRICK KENNEDY, . MAXIMUM PENALTY: 20 years Defendant. imprisonment MAXIMUM FINE: $250,000 RULE 11 PLEA AGREEMENT Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant DERRICK KENNEDY and the government agree as follows: 1. GUILTY PLEA A. Counts of Conviction Defendant will enter a plea of guilty to Count One of the Sixth Superseding Indictment, which charges the defendant with RICO Conspiracy. B. Elements of Offense The elements of Count One are as follows: 1. An enterprise, aS that term is de?ned in 18 U.S.C. 1961 (4), and as identi?ed DOC 908 Filed 02/28/7374 in the Sixth Superseding Indictment as the Seven Mile Bloods existed in the Eastern District of Michigan and elsewhere; 2. The enterprise engaged in, or had some effect on, interstate commerce; 3. The defendant was associated with the enterprise; 4. That no later than 2003 through January 2018, two or more persons reached an agreement or came to an understanding to conduct or participate in the affairs of the enterprise, directly or indirectly, through a pattern of racketeering activity; and 5. The defendant voluntarily and intentionally joined in the agreement or understanding, either at the time it was ?rst reached or at some later time while it was still in existence, and at the time the defendant joined in the agreement or understanding, he speci?cally intended to otherwise participate in the affairs of the enterprise. C. Factual Basis for Guilty Plea The following facts are a suf?cient and accurate basis for defendant?s guilty plea: That, in the Eastern District of Michigan, beginning on a date unknown, but starting no later than the year 2005 and up through and including January 2018, and at other times, the Seven Mile Bloods, commonly referred to as, and hereinafter referred to as, DOC 908 Filed 02/28/7375 is a street gang that operates primarily on the east side of Detroit, Michigan, speci?cally the area in and around Gratiot Avenue to the west, Kelly Road to the east, Eight Mile to the north, and Seven Mile to the south. SMB members have claimed this area as their territory and refer to it as the ?Red Zone.? The main streets in the area that theSMB conduct many of their illegal narcotics traf?cking are Lappin, Coram, Novara, Liberal, Manning, and Tacoma. SMB members utilize a variety of unifying imarks, manners, and identi?ers, including ?gang signs,? clothing, and tattoos that are speci?c to the organization. A common symbol is the ?ve?pointed star, a hand sign with all ?ve ?ngers, or a crown with ?ve points. The SMB also identify themselves with the number Members will often tattoo themselves with these gang symbols. Many of the SMB symbols, clothing, and sayings attempt to differentiate themselves from or disrespect their rivals. The SMB colors are predominately red, which the gang members signify by wearing red clothing, hats, and bandanas. The enterprise makes its money predominately through the sale and distribution of controlled substances, including cocaine, heroin, marijuana, codeine promethazine, and various prescription pills. SMB members sell these controlled substances within the ?Red Zone,? outside of vacant houses known as ?tra houses.? SMB members DOC 908 Filed 02/28/7376 also travel to West Virginia, Ohio, Kentucky, and other states to sell controlled substances. The defendant agrees that the SMB comprised an enterprise, as that term is de?ned in 18 U.S.C. 1961(4), in that they are a group of individuals associated in fact the activities of which affect interstate commerce. The defendant agrees that he was a member of the SMB enterprise. Beginning in approximately 2012 and through 2016, the defendant began selling various narcotics, but primarily 30 mg oxycodone pills, with other SMB enterprise members, includingjerome Gooch, Donnell Hendrix, Quincy Graham, and others, in the Charleston, West Virginia area. SMB enterprise members would send pills they collected to Gooch, Hendrix, Graham, and the defendant in West Virginia and they would sell the pills and return theimoney to the other enterprise members. While engaged in drug traf?cking, the defendant or his enterprise associates would routinely carry a ?rearm. 2. SENTENCING GUIDELINES A. Standard of Proof The Court will ?nd sentencing factors by a preponderance of the evidence. B. Agreed Guideline Ra_nge There are no sentencing guideline disputes. Except as provided below, DOC 908 Filed 02/28/7377 defendant?s guideline range is 140 - 175 for Count One, as set forth on the attached worksheets. Furthermore, if the Court ?nds: 1. That defendant?s criminal history category is higher than re?ected on the attached worksheets, or 2. that the offense level should be higher because, after pleading guilty, defendant made any false statement to or withheld information from her probation of?cer; otherwise demonstrated a lack of acceptance of responsibility for his offense; or obstructed justice or committed any crime, and if any such ?nding results in a guideline range higher than is recommended by the parties, the higher guideline range becomes the agreed range. On the other hand, if the Court ?nds that defendant is a career offender, an armed career criminal, or a repeat and dangerous sex offender as de?ned under the sentencing guidelines or other federal law, and that ?nding is not already re?ected in the attached worksheets, this paragraph does not authorize a corresponding increase in the agreed range. Neither party may take a position concerning the applicable guidelines that is different than any position of that party as reflected in the attached worksheets, except as necessary to the Court?s determination regarding subsections 1) and 2), above. DOC 908 Filed 02/28/7378 3. SENTENCE The Court will impose a sentence pursuant to 18 U.S.C. 3553, and in doing so must consider the sentencing guideline range. A. Imprisonment Pursuant to Federal Rule of Criminal Procedurel 1 (1) (C), the sentence of imprisonment in this case may not exceed the top of the sentencing guideline range as determined by Paragraph 2B. B. Supervised Release A term of supervised release follows the term of imprisonment. The Court must impose a term of supervised release of no less than 2 but no more than 5 years. The agreement concerning imprisonment described above in Paragraph 3A does not apply to any term of imprisonmentthat results from any later revocation of supervised release. C. Special Assessment Defendant will pay a special assessment of $100 and must provide the government with a receipt for the payment before sentence is imposed. D. There is no agreement as to ?nes. E. Restitution DOC 908 Filed 02/28/7379 Restitution is to be determined at the time of sentencing. 4. FORFEITURE Defendant agrees that he will not contest, or assist anyone else in contesting, the forfeiture of all of the ?rearms and ammunition, US. Currency, and other personal property bearing any Seven Mile Bloods or Hobsquad labeling, markings, logos or symbols, that were seized in connection with the investigation of this matter, to the extent that the government seeks forfeiture of such items in any forfeiture action or proceeding. In entering into the foregoing agreement with respect to forfeiture, Defendant expressly waives his right to have a jury determine the forfeitability of property subject to forfeiture in this action as provided by Rule 32.2(b) of the Federal Rules of Criminal Procedure. With respect to the property covered by this agreement, Defendant agrees to the entry of one or more orders of forfeiture of such property upon application by the United States at, or any time before, his sentencingin this case. At least two weeks prior to the sentencing date, Defendant agrees to sign such an order, indicating he consents to its entry if requested to do so by the government. Pursuant to Fed.R.Crim.P. 32.2(b) (4) (A), Defendant agrees that the order of forfeiture shall become DOC 908 Filed 02/28/7380 effective and ?nal as to him immediately upon being entered by the Court. Defendant further agrees to hold the United States, its agents and employees harmless from any claims whatsoever in connection with the seizure and forfeiture of property covered by this agreement. In entering into this agreement with respect to forfeiture, Defendant knowingly, voluntarily, and intelligently waives any challenge to the above-described forfeiture based upon the Excessive Fines Clause of the Eighth Amendment to the United States Constitution. Defendant further waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, pronouncement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. Defendant acknowledges that he understands that the forfeiture of assets is part of the sentence that may be imposed in this case and waives any failure by the Court to advise him of this, pursuant to Rule 11(b) at the time his guilty plea is accepted. Defendant agrees that he will cooperate with the United States by taking whatever steps are necessary to deliver possession of, and clear title to, the above- identi?ed property to the United States and will execute such legal documents as may DOC 908 Filed 02/28/7381 be required to transfer title to the United States and by taking whatever steps are necessary to ensure that the property is not sold, disbursed, hidden, wasted or otherwise made unavailable for forfeiture. If any other person or entity has any interest in the property subject to forfeiture, Defendant will provide the government with the name and address of the person or entity that has an interest in, and/ or possession of, the asset, and assist the government in obtaining a release of interest from any such other person or entity. Transfer of title, ownership, and interest will be completed prior to sentencing. Defendant will not transfer any interest in, or create any additional encumbrance on, any property representing the proceeds of, or involved in, his offense as alleged in Count One of the Sixth Superseding Indictment. Defendant agrees to take all steps as requested by the United States to pass clear title to forfeitable assets to the United States, and to testify truthfully in any forfeiture proceeding concerning forfeitable assets, if requested to do so by the government. 5. USE OF WITHDRAWN GUILTY PLEA If the Court allows defendant to withdraw his guilty plea for a ?fair and just reason? pursuant to Fed. R. Crim. P. 11(d) (2) (B), defendant waives his rights under Fed. R. Evid. 410, and the government may use his guilty plea, any statement made under DOC 908 Filed 02/28/7382 oath at the change-of-plea hearing, and the factual basis statement in this plea agreement, against his in any proceeding. 6. OTHER CHARGES If the Court accepts this agreement, the government will dismiss Count Thirty- Two and Notice of Act with Enhanced Sentencing Eleven as applicable to this defendant in this case. 7. EACH RIGHT To WITHDRAW FROM THIS AGREEMENT The government may withdraw from this agreement if the Court ?nds the correct guideline range to be different than is determined by Paragraph 2B. Defendant may withdraw from this agreement, and may withdraw his guilty plea, if the Court decides to impose a sentence higher than the maximum allowed by Part 3. This is the only reason for which defendant may withdraw from this agreement. The Court shall advise defendant that if he does not withdraw his guilty plea under this circumstance, the Court may impose a sentence greater than the maximum allowed by Part 3. 8. WAIVER OF APPEAL Defendant waives any right he may have to appeal his conviction. If? the sentence imposed does not exceed the maximum allowed by Part 3 of this agreement, 10 DOC 908 Filed 02/28/7383 defendant also waives any right he may have to appeal his sentence. However, this waiver does not bar ?ling a claim of ineffective assistance of counsel in court if appropriately ?led. If the sentence imposed is within the guideline range determined by Paragraph 2B the government agrees not to appeal the sentence, but retains its right to appeal any sentence below that range. 9. CONSEQUENCES OF WITHDRAWAL OF GUILTY PLEA 0R VACATION OF CONVICTION If defendant is allowed to withdraw his guilty pleas or if any conviction entered pursuant to this agreement is vacated, the Court shall, on the government?s request, reinstate any charges that were dismissed as part Of this agreement. If additional charges are ?led against defendant within six months after the date the order vacating defendant?s conviction or allowing him to withdraw his guilty plea becomes ?nal, which charges relate directly or indirectly to the conduct underlying the guilty pleas or to any conduct re?ected in the attached worksheets, defendant waives his right to challenge the additional charges on the ground that they were not ?led in a timely manner, including any claim that they were ?led after the limitations period expired. 10. PARTIES TO PLEA AGREEMENT Unless Otherwise indicated, this agreement does not bind any government agency 11 DOC 908 Filed 02/28/7384 except the United States Attorney?s Of?ce for the Eastern District of Michigan. 11. SCOPE OF PLEA AGREEMENT This agreement, which includes all documents that it explicitly incorporates, is the complete agreement between the parties. This agreement supersedes all other promises, representations, understandings and agreements between the parties concerning the subject matter of this plea agreement that were made at any time before the guilty plea is entered in court. Thus, no oral or written promises made by the government to defendant or to the attorney for the defendant at any time before defendant pleads guilty are binding except to the extent they have been explicitly incorporated into this agreement. Notwithstanding the previous paragraph, if defendant has entered into a proffer agreement in writing or a cooperation agreement in writing with the government, this plea agreement does not supersede or abrogate the terms of any such prior written agreement This agreement also does not prevent any civil or administrative actions against defendant, or any forfeiture claim against any property, by the United States or any other party. 12 DOC 908 Filed 02/28/7385 12. ACCEPTANCE OF AGREEMENT BY DEFENDANT The government reserves the right to modify or revoke this offer at any time before the defendant pleads guilty. CHRISTOPHER GRAVELINE CHIEF, VIOLENT CRIME UNIT ASSISTANT UNITED STATES ATTORNEY DATE: 2/28/2018 SCHNEIDER United States Attorney JESTIN 1 I UAL ATTORNEY ANTITRUST DIVISION DEPARTMENTO USTICE LIE TRIAL ATTORNEY ORGANIZED CRIME AND GANG SECTION DEPARTMENT OFJUSTICE BY SIGNING DEFENDANT ACKNOVVLEDGES THAT HE HAS READ (OR BEEN READ) THIS ENTIRE DOCUIVIENT, UNDERSTANDS IT, AND AGREES TO ITS TERMS. ALSO THAT HE IS SATISFIED HIS ADVICE AND REPRESENTATION. DEFENDANT AGREES THAT HE HAS HAD A FULL AND COMPLETE OPPORTUNITY TO CONFER HIS AND HAS HAD ALL OF HIS QUESTIONS BY R. BARTON W. ATTORNEY FOR DEFENDANT DATE: a\ [913), 13 DERRICK DEFENDANT DOC 908 Filed 02/28/7386 WORKSHEET A OFFENSE LEVEL Defendant D-Q DerriCk Kennedy District/Of?ce Eastern District ofMichigan Docket Number 1520652 Count Number(s) 1? US. Code Title Section 18 1962 Guidelines Manual Edition Used: 2015 (Note: The Worksheets ore keyed to the November 1. 2016 Guidelines Manual) INSTRUCTIONS Complete a separate Worksheet A for each count. of conviction or as required in a situation listed at the bottom of Worksheet Exceptions: Use only a single Worksheet A where the offense level for a group of closely related counts is based primarily on aggregate value or quantity (see or where a count. of conspiracy, solicitation, or attempt is grouped with a substantive count that was the sole object of the conspiracy, solicitation, or attempt (see ?3D1.2(a) Offense Level (See Chapter Two) Enter the applicable base offense level and any speci?c offense characteristics from Chapter Two and explain the bases for these determinations. Enter the sum in the box provided. Guideline Description Level 2D1.1 Drug level (See worksheet) 30 2D?l . ?l ?rearm possessed 2 If the Chapter Two guideline requires application of a cross reference or other reference, an additional Worksheet A maybe needed for that analysis. See Sum 2. Victim-Related Adjustments (See Chapter Three. Port Enter the applicable section and adjustment. If more than one section is applicable, list each section and enter the combined adjustment. If no adjustment is applicable, enter 3. Role in the Offense Adjustments (See Chapter Three. Port B) Enter the applicable section and adjustment. If more than one section is applicable, list each section and enter the combined adjustment. If the adjustment reduces the offense level, enter a minus sign in front of the adjustment. If no adjustment is applicable, enter 4. Obstruction Adjustments (See Chapter Three. Part C) Enter the applicable section and adjustment. If more than one section is applicable, list each section and enter the combined adjustment. If no adjustment is applicable, enter 5. Adjusted Offense Level Enter the sum of Items 1?4. If this Worksheet A does not cover all counts of conviction or situations listed at the bottom of Worksheet B, complete Worksheet B. Otherwise, enter this result on 32 Worksheet D, Item 1. Check here if all counts (including situations listed at the bottom of Worksheet are addressed on this one Worksheet A. If so, no Worksheet is used. If the defendant has no criminal history, enter here and on Worksheet D, Item 4. No Worksheet is used. U.S. Sentencing Commission Worksheets (November l. 20l 6] DOC 908 Filed 02/28/7387 WORKSHEET MULTIPLE Docket Number INSTRUCTIONS STEP T: Determine if any of the counts group under (?the grouping rules?). All, some, or none of the counts may group. Some of the counts may have already been grouped in the application under Worksheet A, speci?cally: (1) counts grouped under or (2) a count charging conspiracy, solicitation, or attempt that is grouped with the substantive count of conviction (see Explain the reasons for grouping: D-9 Derrick Kennedy 15-20652 Defendant STEP 2: Using the box(es) provided below, for each group of ?closely related counts? counts that group together under any of the four grouping rules), enter the highest adjusted offense level from Item 5 of the various Worksheets that comprise the group. See Note that a ?group? may consist of a single count that has not grouped with any other count. In those instances, the offense level for the group will be the adjusted offense level for the single count. STEP 3: Enter the number of units to be assigned to each group (see as follows: 0 One unit (1) for the group of counts with the highest offense level 0 An additional unit (1) for each group that is equally serious or 1 to 4 levels less serious 0 An additional half unit (112) for each group that. is 5 to 8 levels less serious 0 No increase in units for groups that are 9 or more levels less serious 1. Adjusted Offense Level for the First Group of Counts Count number(s) Unit 2. Adjusted Offense Level for the Second Group of Counts Count number(s) Unit 3. Adjusted Offense Level for the Third Group of Counts Count number(s) Unit 4. Adjusted Offense Level for the Fourth Group of Counts Count number(s) nit 5. Adjusted Offense Level for the Fifth Group of Counts Count number(s) Unit 6. Total Units Total Units 7. Increase in Offense Level Based on Total Units (See ?3Dl .4) 1 unit: no increase 2% 3 units: add 3 levels 11/: units: add 1 level 31/2 5 units: add 4 levels 2 units: add 2 levels More than 5 units: add 5 levels 8. Highest of the Adjusted Offense Levels from Items 1-5 Above 9. Combined Adjusted Offense Level (See ?3Di .4) Enter the sum of Items 7 8 here and on Worksheet D, Item 1. 'Noie: Worksheet also includes applications that are done "as if there were multiple counts of convictions," including: multiple-object conspirocres see . :o ense gur ernes a tree suc applca Ion . i am ro uc ion :an lpUO ram 0 ?lBl 2(djl if 'd lh id' 1 l? ?2<32 (Ch'ld l' j] l' 1? additional offenses [see ?lBl .2lcll. Note also that these situations typically require the use of multiple Worksheets A. U.S. Sentencing Commission Worksheets (November i. 2016) DOC 908 Filed 02/28/7388 WORKSHEET CRIMINAL HISTORY [Page i of 2] D-Q Derrick Kennedy Defendant Docket Number 1520652 Note: As an aid. some of the basic criminal history "rules" are listed below. However. there are numerous additional criminal history rules at ??4Al .l and .2 that must be used with Worksheet and for correct application. Enter the Earliest Date of the Defendant's Relevant Conduct 2003 (The date of the defendant ?3 commencement of the instant. offense(s)) 1. Prior Sentences Resulting from Offenses Committed Prior to the Defendant's 18th Birthday 3 Points if convicted as an adult, for each prior sentence of imprisonment exceeding one year and one month imposed within 15 years of the defendant?s earliest date of relevant conduct or resulting in incarceration during any part of that 15-year period. See and 8: 2 Points for each prior adult or juvenile sentence of con?nement of at least 60 days not counted under ?4A1.1(a) imposed within 5 years or from which the defendant was released from con?nement within 5 years of the defendant?s earliest date of relevant conduct. See and 1 Point for each prior adult orjuvenile sentence not counted under ?4A1.l(a) or ?4A1.1(b) imposed within 5 years of the defendant?s earliest date of relevant conduct. See and Note: Identity as ?adult" any sentence exceeding one year and one month that resulted from an adult conviction. A release date is required in only two instances: (it when a sentence covered under ?4Al .l was imposed more than l5 years prior to the defendant?s earliest date of relevant conduct but resulted in the defendant being incarcerated during any part at such 15-year period: or when a sentence counted under ?4Al .l was imposed more than 5 years prior to the defendant's earliest date of relevant conduct, but release from confinement occurred within such 5?year period. Date of Offense Sentence Release Guideline Criminal Imposition Date Section History Points 2. Prior Sentences Resulting from Offenses Committed On or After the Defendant?s 18th Birthday 3 Points for each prior sentence of imprisonment exceeding one year and. one month imposed within 15 years of the defendant?s earliest; date of relevant conduct or resulting in incarceration during any part of that 15-year period. See and 2 Points for each prior sentence of imprisonment of at least 60 days not counted under ?4Al.l(a) imposed within 10 years of the defendant?s earliest date of relevant conduct. See and 1 Point for each prior sentence not counted under ?4Al.l(a) or ?4Al.1(b) imposed within 10 years of the defendant?s earliest date of relevant conduct. See and Note: A release date is required when a sentence covered under ?4Al .l was imposed more than 15 years prior to the defendant's earliest date ofretevant conduct but resulted in the defendant being incarcerated during any part of such l5-year period. Date of Offense Sentence Release Guideline Criminal Imposition Date Section History Points 6/24/04 delJman. marj stolen property - MV HYTA probation? prob. viol - 9 months 2 7/1/05 att. dot/man. narc. 9 months 2 7/12/06 dellman. marjlassaulting Of?cer 2y prob, ?1 year MDOC 2 4/4/?1 dellman. narc. assaulting Of?cer 1 month 1 U.S. Sentencing Commission Worksheets [November l, 2016} DOC 908 Filed 02/28/7389 Worksheet Criminal History [Page 2 of 2] Defendant 0-9 Derrick Kennedy Docket Number 1520652 (continued from Sentences Resulting from Offenses Committed On. or After the Defendant?s Birthday) Date of Off '8 nt Release Guideline Criminal Imposition ense Date Section History Points 12/6/16 att. assaulting of?cer 60 days $1,000 2 10/12/17 operating w/o license $420 3. Sum of Criminal History Points for prior sentences under a in Items 1 2 A total of?i points can be added for all the 1-Point sentences counted in Items 1 2 combined. 4. ?Status" of Defendant at Time of Instant Offense 2 Points for ?status? if the defendant committed any part of the instant offense (Len, any relevant conduct) while under any criminal justice sentence probation, parole, supervised release, imprisonment, work release, or escape status) for a sentence counted in Items 1 or See ?4A1.1(d) and Application Note List the type all control and identify-r the counted sentence that resulted in the control. Otherwise, enter 0 Points. 5. Crimes of Violence 1 Point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under or because such sentence was counted as a single sentence which also included another sentence resulting from a conviction for a crime of violence. A total of 3 points can be added under this subsection. See and Application Note 5, and 8: Identify the crimes of violence and briefly explain why the cases are considered a single sentence. Otherwise, enter 0 Points. 4. Total Criminal History Points [Sum of Items 3?5) 1O 5. Criminal History Category {Enter here and on Worksheet D, Item 4) Total Points Criminal History Category 0?1 I 2?3 11 :l?G res 10?12 13 or more VI U.S. Sentencing Commission Worksheets [November I. 2016} Doc 908 Filed 02/28/7390 DETERMINING THE SENTENCE [Page of 4] Defendant D-9 Derrick Kennedy Docket Number 15-20552 1. Adjusted Offense Level (From Worksheet A or B) If Worksheet is required, enter the result from Worksheet B, Item 9. Otherwise, enter the result from Worksheet A, Item 5. 32 2. Acceptance of ReSponsibility (See Chapter Three, Part E) Enter the applicable reduction of 2 0r 3 levels. If no adjustment is applicable, enter I: 3 3. Offense Level Total (Item 1 less Item 2) 29 4. Criminal History Category [From Worksheet A or C) Enter the result from Worksheet C, Item 8, unless the defendant has no criminal history, and as directed at the bottom of Worksheet A, no Worksheet is used and is entered here. 5. Terrorism; Career Offender; Criminal Livelihood; Armed Career Criminal; Repeat and Dangerous Sex Offender (See Chapter Three, Port A, and Chapter Four, Part B) a. Offense Level Total If the provision for Career Offender Criminal Livelihood 1.3), Armed Career Criminal or Repeat and Dangerous Sex Offender 1.5) results in an offense level total higher than Item 3, enter the offense level total. Otherwise, enter b. Criminal History Category Ifthe provision for Terrorism 3A1.4), Career Offender 1), Armed Career Criminal 1.4), or Repeat and Dangerous Sex Offender results in a criminal history category higher than Item 4, enter the applicable criminal history category. Otherwise, enter 6. Guideline Range from Sentencing Table Enter the applicable guideline range from Chapter Five, Part A, in months. 140 to 175 7. Restricted Guideline Range (See Chapter Five, Part G) If the statutorily authorized maximum sentence or the statutorily required minimum sentence restricts the guideline range (Item 6) (sec and 5G1.2), to enter either the restricted guideline range or any statutory maximum or minimum penalty that would modify the guideline range. Otherwise, enter Check here if (Limitation on Applicability of Statutory Minimum Penalties in Certain Cases) and 18 U.S.C. 3553(9) ?The Safety Valve? are applicable. 8. Undischarged Term of Imprisonment; Anticipated State Term of Imprisonment (See .3) If the defendant is subject to an undischarged term of imprisonment, or an anticipated state term of imprisonment, check this box. Below list the undischarged/anticipated term(s), the applicable section of and its direction or guidance as to whether the instant federal sentence is to be imposed to run concurrently or consecutively to the undischargedlanticipated term(s), and any sentence adjustment. U.S. Sentencing Commission Worksheets [November l. 20] 6) DOC 908 Filed 02/28/7391 Worksheet Determining the Sentence [Page 2 of 4] Defendant D-9 Derrick Kennedy Docket: Number 15-20652 9. Sentencing Options (See Chapter Five, Sentencing Table and .i and .1) Check the applicable box that corresponds to the Guideline Range entered in Item 6 or Item 7, if applicable. Zone A (See SCH If checked, the following options are available: Fine (See - ?Straight? Probation (See - Imprisonment (See ?5Cl.l(a) 8; Zone (See SCH If checked, the minimum term may be satisfied by: - Imprisonment: (See ?5Cl.1(a) - Imprisonment. of at least one month. plus supervised release with a condition that substitutes community confinement or home detention for imprisonment (See - Probation with a condition that substitutes intermittent confinement, community confinement,or home detention for imprisonment (See and Zone (See ?5Ci .i {an If checked, the minimmn term. may be satisfied by: I Imprisonment (See 8: I Imprisonment. of at least one?half of the minimum term plus supervised release with a condition that substitutes community confinement or home detention for imprisonment (See Zone (See ?5Ci.i Il'checked, the minimum term. is to be satisfied by a sentence of imprisonment. 10. Length of Term of Probation [See ?581 .2) If probation is imposed, the guideline for the length of such term of probation is: (Check the applicable box) At least one year, but not more than ?ve years if the offense level total is 6 or greater. No more than three years if the offense level total is 5 or less. U.S. Sentencing Commission Worksheets [November 1. 2016] DOC 908 Filed 02/28/7392 Worksheet Determining the Sentence [Page 3 of 4] Defendant D-9 Derrick Kennedy Docket. Number 15-20552 Supervised Release (See .i and .2) a. Imposition of 0 Term of Supervised Release: Ordered because required by statute (See Ordered because a sentence of imprisonment of more than one year is imposed (See Is not ordered although a sentence of more than one year is imposed, because it is not required by statute and the defendant likely will be deported after imprisonment. (See Ordered because it may be ordered in any other case (See b. Length of Term of Supervised Release Check the Class of the Offense: Class A or Felony: Two to Five Year Term (See Class or Felony: One to Three Year Term (See Class Felony or Class A Misdemeanor: One Year rl?erm (See If a statutorily required mandatory minimum term of supervised release for the offense impacts the guideline range for the applicable Class of Offense above, also check this box, and list the statutory minimum term (See years mandatory minimum term of supervised release If an offense in 18 U.S.C. 2332b(g)(5)(B) that resulted in, or created a foreseeable risk of, death or serious bodily injury to another person; or ifa sex offense, the term of supervised release will not be less than the minimum term established above, and may be up to life (See Policv Statement: If a sex offense, the statutory maximum. term ofsu Jervised release is recommended. . 12. Restitution (See ?5Ei .1) a. If restitution is applicable, enter the amount. Otherwise enter and the reason: TBD b. Enter whether restitution is statutorily mandatory or discretionary: c. Enter whether restitution is by an order of restitution, or solely as a condition of supervision. Enter the authorizing statute: U.S. Sentencing Commission Worksheets (November i, 2016} DOC 908 Filed 02/28/7393 Worksheet Determining the Sentence [Page 4 of 4] Defendant D-9 Derrick Kennedy Docket. Number 15-20552 13. Fines (The Guideline Range for Fines for Individual Defendants) (See ?5Ei .2) a. Special Fine Provisions Minimum Maximum Check box if any of the counts of conviction is for a statute with a special ?ne provision. (This does not. include the general line provisions of 18 USC 3571(b)(2) Enter the sum of statutory maximum fines for all such counts. 3) Enter the minimum and maximum ?nes. c. Fine Guideline Range (Determined by the minimum of the Fine Table (Item 15(b)) and the greater maximum above (Item 15(a) or $23000 250'000 d. Ability to Pay Check this box if the defendant does not have an ability to pay. 14. Special Assessments for Individual Defendants (See ?5Ei .3) Enter the total amount of the statutory special assessments required for all counts of conviction: . $100 for each felony count of conviction. 0 $25 for each Class A misdemeanor count. of conviction. . While not subject to guideline sentencing, the special assessments for a Class misdemeanor, and a Class misdemeanor or infraction are $10 and $5 per count, respectively. TOTAL: 1 00 15. Factors That May Warrant a Departure (See 1 81.1 Consider Chapter Five, Part (Specific Offender Characteristics) and Part (Departures), and other policy statements and commentary in the Guidelines Manual that might warrant consideration in sentencing. (See also the ?List of Departure Provisions? included in the Guidelines Manual after the Index). 16. Factors That May Warrant a Variance (See ?i 81.1 (cl) Consider the applicable factors in 18 U.S.C. 3553(a) taken as a whole. Completed by Christopher Graveline, AUSA Date 2/14/2013 U.S. Sentencing Commission Worksheets (November 1,2016] DOC 908 Filed 02/28/7394 Offense Level Calculation Per U.S. Sentencing Commission 2015 Manual - ?201.1 and Based on data/evidence available for the following subject: Derrick Kennedy Based on data/evidence available for the time period: 2012-2015 Based on the following data/circumstances/criteria: Note: Schedule 11 substances are convened based on quantity count AND dosage unit. All other scheduled substances are converted based on quantity count only. Conversion rate (per gram of Unit Marijuana Type/Brand/Other CS to grams of Unit Count Dosage Conversion Controlled Substance (Notes Comments) marijuana) (qty of pills) (mg) (kg) Schedule II - Oxycodone (OxyContin, Roxicodone, Percocet, etc.) 6700 44 15 4.42 Schedule II - Oxycodone (OxyContin, Roxicodone, Percocet, etc.) 6700 5,175 30 1,040.18 Total Marijuana Equivalent in kg 1,044.60 Offense Level (Subtotal per above calculation) 30 Enhancements Adjustments (Default Total Offense Level With Adjustments (1-43) 30 Criminal History Category (Default 1) Months of Imprisonment - per 2015 Guidelines 97-121 DISCLAIMER: This is NOT an of?cial government worksheet and should NOT be used as a sole calculation to determine a subject's charges and/or a recommendation of sentencing terms per the U.S.S.C. Guidelines. This worksheet was created by SA Peter Hayes, FBI - Detroit Division solely as a quick calculation aide for simplistic personal worksheet purposes, based on the 2015 U.S.S.C. Guidelines, and may contain errors and/or outdated information. DOC 908 Filed 02/28/7395 Conversion Rates for Commonly Diverted Pharmaceutical Drugs Per U.S. Sentencing Commission 2015 Manual - and 55A Schedule II Substances 1 gm of Amphetamine (Actual) (I) 1 gm of Fentanyl 1 gm of Hydrocodone 1 gm of Methadone 1 gm of Morphine 1 gm of Oxycodone (actual): 1 gm of Oxymorphone Schedule Substances (except ketamine and hydrocodone 1 unit of Schedule substance Schedule (prior to 10/06/2014) 1 unit of Schedule hydrocodone Schedule IV Substances (except 1 unit of a Schedule IV Substance (except Flunitrazepam) Wth?d?t 1 unit of a Schedule Substance "*Provided, that the combined equivalent weight of all Schedule substances (except ketamine), Schedule IV substances (except ?unitrazepam), Conversion rate 20 kg of marihuana 2500 gm of marihuana 6700 gm of marihuana (effective 11/1/2015) 500 gm of marihuana 500 gm of marihuana 6700 gm of marihuana 5 kg of marihuana 1 gm of marihuana 1 gm of marihuana 0.0625 gm of marihuana 0.00625 gm of marihuana and Schedule substances shall not exceed 79.99 kilograms of marihuana. that the combined equivalent weight of all Schedule IV (except ?unitrazepam) and substances shall not exceed 9.99 kilograms of marihuana. Grams 20000 2500 6700 500 500 6700 5000 0.0625 0.00625 that the combined equivalent weight of Schedule substances shall not exceed 2.49 grams of marihuana. (1) Per FDA information available on Adderall (not contained within U.S.S.C. Manual), Adderall contains approximately 62% Amphetamine (example: One (1) 30mg tablet of Adderall contains approximately 18.6mg of amphetamine base (30mg 0.62). Therefore one gram (gm) of Adderall is equivalent to approximately 12,400gm of marijuana (20,000 0.62) However, recent case law supports a ?ill conversion rate of 20,000 1 gm of Adderall 20kg of Marijuana). Users of this calculation sheet may wish to take this into consideration accordingly. For a pop-up .pdf version of the 2015 USSC Guidelines, click Here->