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efendant John Le Bron at 3006 River Grove Drive, Tampa, Florida CONTROLLED
SUBSTANCE - POSSESSION FELONY
Count One for a violation of 21 U.S.C. 841(a)(1): that the defendant
knowingly and willfully possessed gamma-hydroxybutyric acid, also known as
"GHB," as
charged; and that the defendant possessed the substance with the intent to
distribute it.
PUBLIC RECORD EXCERPTS
Florida Limited Liability Company from Florida state web site
EZ INVESTMENTS, LLC
Principal Address
3006 RIVER GROVE DRIVE
TAMPA FL 33610
Mailing Address
3006 RIVER GROVE DRIVE
TAMPA FL 33610
Registered Agent Name & Address
LEBRON, JOHN
3006 RIVER GROVE DRIVE
TAMPA FL 33610
Manager/Member Detail
Name & Address
Title MGR
PATRICIA KUMER
2604 AUBURN AVE.
TAMPA FL 33614
Title MGR
LEBRON, JOHN
3006 RIVER GROVE DRIVE
TAMPA FL 33610
****************************
01/18/2006 39 ACCEPTANCE OF PLEA of guilty and adjudication of guilt re:
count(s) one of the Indictment as to John Lebron.
06/02/2006 59 JUDGMENT as to John Lebron (1), Count(s) 1, Probation: 60
Months; Fine: Waived; Special Assessment: $100. Signed by Judge on
6/2/2006. (cl-m) (Entered: 06/02/2006)
06/01/2006 53 MEMORANDUM in support by John Lebron re 52 Memorandum in
support amended memorandum of law in support of objections and requests for
mitigation
excerpts -
b. The Defendant is a drug addict who delivered small quantities at
the street level. The Defendant has finally admitted that he has a
substance abuse problem and has sought out professional help to
assist his recovery to avoid substance abuse in the future.
1.) The Defendant began smoking marijuana on a weekly basis
at age 16. He began drinking to excess at age 18 during his
college years. He began abusing cocaine, vicodin, and
ecstasy at age 18.
2.) The Defendant was a street level GHB dealer who sold
twice to supplement his own growing cocaine, alcohol,
ecstasy, and vicodin and marijuana addictions.
d. The Defendant has suffered from mental health issues. He has been
treated and prescribed Alprazolam for
anxiety attacks.
####################
U.S. District Court
Middle District of Florida (Tampa)
CRIMINAL DOCKET FOR CASE #: 8:05-cr-00075-EAK-EAJ All Defendants
Case title: USA v. Lebron
Date Filed: 02/23/2005
Date Terminated: 06/02/2006
Assigned to: Judge
Referred to: Magistrate Judge
Defendant (1)
John Lebron
LEAD ATTORNEY
Designation: CJA Appointment
Pending Counts
Disposition
CONTROLLED SUBSTANCE - POSSESSION
(1) Probation: 60 Months; Fine: Waived; Special Assessment: $100
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
Third Party Custodian
John Lebron represented by John Lebron
8410 Twin Lakes Blvd.
Tampa, FL 33614
PRO SE
Plaintiff
USA represented by
U.S. Attorney's Office
Date Filed # Docket Text
02/22/2005 1 INDICTMENT returned in open Court as to John Lebron (1) count
1. (RFM) (Entered: 02/23/2005)
03/01/2005 Arrest of John Lebron (CM) (Entered: 03/01/2005)
03/01/2005 3 Minute Entry for proceedings held before Judge :INITIAL
appearance as to John Lebron held on 3/1/2005 (Tape #digital) (CM) (Entered:
03/02/2005)
03/01/2005 5 Minute Entry for proceedings held before Judge :ARRAIGNMENT
as to John Lebron (1) Count 1 held on 3/1/2005. Defendant pled not guilty.
(Tape #digital) (CM) (Entered: 03/02/2005)
03/01/2005 6 PRETRIAL discovery order and notice as to John Lebron Status
Conference set for 3/18/2005 10:00 AM in Courtroom 17 before Judge on
3/1/2005. (CM) (Entered: 03/02/2005)
03/02/2005 8 ARREST WARRANT returned executed on 2/28/05 as to John Lebron.
(RFM) (Entered: 03/03/2005)
03/02/2005 9 ORDER Setting Conditions of Release as to John Lebron (1)
$20,000 Non-surety. Signed by Judge on 3/1/2005. (RFM) (Entered: 03/03/2005)
03/02/2005 10 Non-Surety BOND entered as to John Lebron in amount of
$20,000.00.. (RFM) (Entered: 03/03/2005)
06/02/2006 59 JUDGMENT as to John Lebron (1), Count(s) 1, Probation: 60
Months; Fine: Waived; Special Assessment: $100. Signed by Judge on
6/2/2006. (cl-m) (Entered: 06/02/2006)
##############
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA :
:::
v. : Case No. 8:05-CR-75-T-17-EAJ
:::
JOHN LEBRON :
____________________________________:
DEFENDANT JOHN LEBRON'S AMENDED SENTENCING MEMORANDUM
COMES NOW, the undersigned counsel, on behalf of the Defendant, JOHN LEBRON,
and files this his amended sentencing memorandum due to undersigned counsel's
failing to
notice a scrivener's error in the base offense level calculation (all
changes are in bold face type)
and in support states as follows:
I. FACTUAL BACKGROUND
A. Case History
1. The Defendant was indicted on February 22, 2005.
2. Undersigned counsel was appointed on March 1, 2005 to represent the
Defendant pursuant to the Criminal Justice Act.
3. The Defendant pled guilty to the indictment on December 15, 2005 before
the Honorable Magistrate Judge.
4. This Honorable Court accepted said plea on January 18, 2006.
5. Sentencing is scheduled for 10:00 am, Friday, June 2, 2006.
6. The United States Probation Office reports that the Defendant's total
offense level is twenty-one (21) with a criminal history category of I.
7. Thus, according to Probation, the Defendant's federal sentencing
guideline
range is thirty-seven (37) months to forty-six (46) months.
II. THE EFFECT OF BOOKER V. UNITED STATES OF AMERICA
A. Pursuant to the United States Supreme Court opinion in Booker v. United
States of
America, 125 S.Ct. 785 (2005), the Federal Sentencing Guidelines were deemed
unconstitutional because their mandatory nature had judges, not juries,
finding
facts that the enhanced sentence of a defendant. The Supreme Court ruled
this
conflicted with the Sixth Amendment jury right of a defendant. As a result,
the
Federal Sentencing Guidelines are now "advisory" rather than "mandatory".
III. FEDERAL SENTENCING GUIDELINES ARE PRESUMPTIVELY UNREASONABLE
A. The Sentencing Reform Act created the Federal Sentencing Guidelines. The
purposes of Act were set forth in 18 U.S.C. Section 3553(a). It is in this
section
that federal district courts are directed to:
"impose a sentence sufficient, but not greater than necessary,
to comply with . . . the need for the sentence imposed (A) to
reflect the seriousness of the offense; (b) to afford adequate
deterrence to criminal conduct; (C) to protect the public from
further crimes of the defendant; and (D) to provide the
defendant with needed educational or vocational training,
medical care, or other correctional treatment in the most
effective manner."
B. Further, Section 3553(a) directs federal district courts to consider the
following
set of factors when fashioning a defendant's sentence:
"(T)he nature and circumstances of the offense and the history
and characteristics of the defendant, the kinds of sentences
available, the need to avoid disparities among defendants with
similar records who have been found guilty of similar conduct
and the need to provide restitution to any victims of the offense."
C. United States Supreme Court Justice Breyer gave renewed importance to
these 18
U.S.C. 3553(a) factors without the mandatory nature of the guidelines in his
majority opinion. Specific
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