United States District Court, S.D. Alabama, Southern Division
K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE.
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.
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.
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.)
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). 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).
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
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 ...