United States District Court, M.D. Florida, Orlando Division
GREGORY A. PRESNELL UNITED STATES DISTRICT JUDGE
matter is before the Court for sentencing. On June 23, 2016,
Dan Reed, a convicted felon, was convicted of possessing a
weapon in violation of 21 U.S.C. § 922(g). The
Presentence Report (“PSR”) (Doc. 100) scores
Defendant at an adjusted offense level 24 with a criminal
history score of V, which suggests a guideline range of
92-115 months. However, the probation officer concluded that
Defendant was an armed career criminal as defined by United
States Sentencing Guideline (“U.S.S.G.”) 4B1.4,
which enhances his score under Chapter 4 to offense level 33.
This increases his guideline range to 210-262 months and
mandates a minimum term of 15 years. 18 U.S.C. §
Chapter 4 enhancement is based on three prior predicate
1. A conviction in January 1987 for selling a piece of rock
cocaine for $25.00. Docket No. 86-3937. (Doc. 100, ¶
2. A conviction in 1990 for selling cocaine for $20.00.
Docket No. 90-2030. (Doc. 100, ¶31); and
3. A conviction in 2011 for selling a piece of crack cocaine
for $20.00. Docket No. 2011-35312. (Doc. 100, ¶34).
has raised several objections to the PSR, the most
significant being his argument that the 1987 conviction in
Case No. 86-3937 was not him. If that is so, the Chapter 4
enhancement would not apply, Defendant would not be subject
to the mandatory minimum sentence, and his guideline
sentencing range would be much lower.
parties have presented evidence in connection with this
objection, which can be summarized as follows:
A. Defendant is a resident of Daytona Beach. He was born on
October 20, 1965 and the last four digits of his Social
Security number are 8860.
B. The cover page of the Clerk's docket sheet for Case
No. 86-3937 is styled State of Florida v Terrence Lenard
King (as co-defendant) and names Dan Augusta Antonio G.
Reed as the defendant, with an October 20, 1965 date of
birth. (Govt. Ex. A). The docket sheet reflects an offense
date of July 9, 1986, and an arrest date of August 15, 1986.
Following revocation of probation, Defendant was sentenced to
30 months DOC. (Govt. Ex. B). The name on Defendant's
birth certificate is Dan Augusta Antonio George Reed.
C. The complaint affidavit dated August 12, 1986 is against
Daniel Reed, a/k/a Tom Tom, date of birth October 20, 1965,
for sale of cocaine on July 9, 1986. A handwritten notation
indicates, “86-3937-C.” The named co-defendant is
Virgil Dean Moffett. (Gov. Ex. F, p 349). Tom Tom is an alias
of Defendant, but Daniel Reed is not.
D. The NCIC pertaining to “Danial Reed, ” date of
birth October 20, 1965, Social Security number ending in
8860, shows an arrest on August 15, 1986 by the Daytona Beach
Police Department for the sale of cocaine. (Govt. Ex. H, p.
E. The judgment in Case No. 86-3937 is against Daniel Reed,
finding him guilty of violating Florida Statute §
893.13, and sentencing him to 30 months. (Govt. Ex. E, pp.
282-287). Page 2 of the judgment, which should contain
Defendant's fingerprint, is blank. As a substitute, the
government obtained a fingerprint card from the Volusia
County Sheriff's office that ostensibly is related to
Case No. 86-3937. (Govt. Ex. E, p. 283). That card pertains
to Daniel Reed, a/k/a Tom Tom, date of birth October 20, 1965
and arrest date August 15, 1986. However, there is no case
number on this card. The fingerprints on this card match
Defendant's prints as taken by the U.S. Marshal in this
case. There is no evidence as to why this substitute card was
made instead of placing Defendant's prints on the
judgment as is customary.
government bears the burden of establishing by a
preponderance of the evidence the facts necessary to support
a sentencing enhancement. United States v. Lawrence,
47 F.3d 1559, 1566 (11th Cir. 1995). It is the Court's
duty to ensure that the government carries this burden by
establishing a sufficient and reliable basis for its
requested enhancement. United States v Askew, 193
F.3d 1181, 1183 (11th Cir. 1999). When considering
Defendant's prior offenses, the Court may consider
hearsay, provided that there are sufficient ...