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United States v. Hickman

United States District Court, S.D. Alabama, Southern Division

June 14, 2019

UNITED STATES OF AMERICA,
v.
LORENZO DYRELL HICKMAN, Defendant.

          ORDER

          KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE.

         This action is before the Court on Defendant Lorenzo Dyrell Hickman's Motion to Dismiss on Grounds of Double Jeopardy and the response filed by the United States (docs. 16, 22). Upon consideration, and for the reasons set forth herein, the Motion is DENIED. However, the United States is ordered to file additional briefing as set forth herein.

         On May 31, 2018, Hickman was indicted in the Southern District of Alabama for the offenses of possession with intent to distribute approximately 967.9 grams of methamphetamine (Count One) and use and carry of a firearm during and in relation to a drug trafficking crime (Count Two) (Doc. 1). The conduct underlying the Indictment occurred on or about July 22, 2016 in the Southern District of Alabama. (Id.)

         Previously, on May 2, 2018, Hickman was indicted in the Southern District of Mississippi for the offense of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine (Doc. 16-1). The conduct underlying the Indictment occurred between June 20, 2016 and May 2, 2018 in the Southern District of Mississippi (Id.)

         Hickman pled guilty to Count One (Doc. 16-2 (minute entry); Doc. 22-1 (Plea Agreement)). On March 5, 2019, he was sentenced in the Southern District of Mississippi to a term of 270 months to be served concurrently with the undischarged term of imprisonment in the Superior Court of Douglas County, Douglasville, Georgia (United States v. Hickman, Criminal Action No. 3:18-00089-HTW-LRA (Doc. 81) (S.D.Miss. Mar. 12, 2019).[1] At sentencing, Hickman's conduct in the Southern District of Alabama, i.e., the quantity of methamphetamine and the use and carry of a firearm, was determined to be relevant conduct which enhanced his advisory sentencing guidelines and in part, supported the upward variance (Doc. 23-1).

         At sentencing, the District Judge heard Hickman's objection to the relevant conduct that occurred in Alabama, as follows:

[Defense Counsel] MR. SELLERS: Yes, sir. Your Honor, there were several objections made to the presentence report. I will say I was -- and I'll ask Your Honor I don't know how to proceed. There's an objection to -- there was an amount of drugs attributed to Mr. Hickman from an Alabama arrest that at the time of the presentencing report there are charges still pending in Alabama for an arrest back in July 22, 2016, for a quantity of 954.35 grams of meth.
In talking with the AUSA and the case agent on the case, it's my understanding that I don't think the government -- that was a federal case, Your Honor. I don't think that case is going to be pursued, and if that is the case, it may alter my objections. So I don't know if I should get the government to address that before I proceed or not, Your Honor.
THE COURT: All right. Counsel.
[AUSA] MS. CHALK: Your Honor, Mr. Sellers is referring to an arrest that occurred on July 22, 2016, where the defendant was arrested while he was in a vehicle with his brother, and 954.35 grams of methamphetamine was seized from that interaction.
During my conversations with the AUSA in the Southern District of Mississippi, in the last several years following that traffic stop it was my appreciation that they were going to proceed forward. To my knowledge, no indictment has been returned, and based on my communications with the case agent and the case agent down in Mobile, there is no intention to proceed forward with that methamphetamine charge that stemmed from the arrest of July 22, 2016.
THE COURT: Okay. Thank you. All right. Mr. Sellers.
MR. SELLERS: Okay. If I may proceed, Your Honor, then I will not address that amount because -- in my research and my understanding, I think that would apply in this case. With that said, there was a gun found in Mr. Hickman's --well, actually was in his passenger's possession, but Mr. Hickman did give a statement that the gun was actually his gun that he had given to his passenger who was his brother.
With that being said, Your Honor, I would withdraw my objection to the gun enhancement at this time, Your Honor. I will not proceed on that so ...

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