Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Vanderhorst

United States District Court, E.D. Virginia, Richmond Division

February 23, 2018

UNITED STATES OF AMERICA,
v.
LAMONT MARLOE VANDERHORST, Petitioner.

          MEMORANDUM OPINION (DENYING RULE 36 MOTION)

          HENRY E. HUDSON UNITED STATES DISTRICT JUDGE.

         Lamont Marloe Vanderhorst, a federal inmate proceeding with counsel, has submitted a Motion for Relief Pursuant to Federal Rule of Criminal Procedure 36 ("Rule 36 Motion, " ECF No. 29). Vanderhorst requests that the Court "correct a clerical error that appeared in his Pre-Sentence Investigative Report [("PSR")] and was used in determining his sentence." (Id. at 1.) Specifically, Vanderhorst asserts that the PSR contains inaccurate descriptions of a 1991 North Carolina drug offense (hereinafter, "North Carolina Drug Conspiracy Offense") and that said offense was improperly used as a predicate for imposing a career offender enhancement. Vanderhorst further requests that the Court "order a recalculation of his PSR guidelines range and re-sentence [him] based on the corrected information." (Mem. Supp. Rule 36 Mot. 5, ECF No. 30.) For the reasons set forth below, the Rule 36 Motion will be denied.

         I. Procedural History

         A. Sentencing and the Presentence Investigation Report

         On September 4, 2007, Vanderhorst pled guilty to conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine hydrochloride. (Plea Agreement 1, ECF 14.) On December 7, 2007, the Court entered judgment against Vanderhorst and sentenced him to 327 months of imprisonment. (J. 2, ECF No. 21.) Vanderhorst's sentence was based in part on the Probation Officer's finding that Vanderhorst "qualified] for a sentence enhancement under the Career Offender provision, as defined in § 4B 1.1, of the Sentencing Guidelines." (PSR¶ 28.) The PSR indicated that Vanderhorst qualified for the career offender enhancement because of his " 1991 conviction in Wake County (NC) Superior Court for Trafficking in Heroin by Possession, Trafficking in Heroin by Transportation and Conspiracy to Sell or Deliver Heroin; and the 1997 conviction in Bergen County (NJ) Superior Court for Distribution of a Controlled Substance." (Id.)[1]

         Elsewhere, the PSR provided the following description of Vanderhorst's three North Carolina drug convictions:

1) Trafficking Heroin by Possession Dkt#91CRS36802
2) Trafficking Heroin by Transportation Dkt#91CRS36803
3) Conspiracy to Sell and Deliver Cocaine Dkt#91CRS36804

(PSR ¶18.)

         B. The Correct Description of Vanderhorst's North Carolina Drug Conspiracy Offense

         In his Rule 36 Motion, Vanderhorst contends that he was charged with Conspiracy to Traffick Heroin by Transportation, not Conspiracy to Sell and Deliver Cocaine. (Mem. Supp. Rule 36 Mot. 2.)

         The record, as supplemented by Vanderhorst, reflects that in North Carolina, in 1991, a grand jury indicted Vanderhorst as follows:

a) 91 CRS 36802 charged Mr. Vanderhort (sic) with "traffick[ing] by possession more than 14 gram(s) but less than 28 grams of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.