Case 1:22-cr-00070-RGA Document 27 Filed 03/08/23 Page 1 of 2 PageID #: 127
U.S. Department of Justice
United States Attorney
District of Delaware
Hercules Building
1313 N. Market Street
P. O. Box 2046 (302) 573-6277
Wilmington, Delaware 19899-2046 FAX (302) 573-6220
March 8, 2023
VIA CM/ECF
The Honorable Richard G. Andrews, Judge
United States District Court
J. Caleb Boggs Federal Building
844 King Street
Wilmington, Delaware 19801
Re: United States v. James Cooper, Criminal Case No. 22-70-RGA
Dear Judge Andrews,
The government hereby submits this letter sentencing memorandum in the above-captioned
case. The United States recommends that the Court impose a period of incarceration of 48 months,
followed by 4 years of supervised release, no fine, and a $100 special assessment. As it does in all
cases, the government includes herewith Attachment A, filed under seal.
A sentence of 48 months of incarceration achieves the goals of sentencing outlined in 18
U.S.C. § 3553(a). D.I. 25 (Amended Presentence Investigation Report (“PSR”)) at ¶ 135. First, a
sentence of 48 months’ imprisonment reflects the serious of the Defendant’s conduct. Drug
dealing, especially fentanyl, is a serious crime.
To protect the public, the Court must impose a sentence consistent with such a serious
crime. The District of Delaware is routinely ravaged by the opioid crisis as overdose numbers
continue to rise here and nationwide. The Defendant’s drug dealing placed himself, and numerous
others, at risk.
In addition, the Defendant’s history and characteristics favor a sentence of 48 months of
incarceration. The Defendant has a criminal history, despite only scoring as CH-II, which spans
virtually his entire life. In fact, the Defendant’s first arrest occurred at age 11. He has repeatedly
committed crimes involving drugs and drug dealing, including a prior conviction for selling
opioids. PSR at ¶¶ 51-80. The Defendant’s criminal history indicates a willingness to recidivate
and a disregard for the law. Therefore, the Court must impose a sentence consistent with the
Defendant’s life of crime that is sufficient but not greater than necessary.
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Case 1:22-cr-00070-RGA Document 27 Filed 03/08/23 Page 2 of 2 PageID #: 128
Finally, the national median for a CH-II defendant, who sold fentanyl in Zone D of the
Guidelines is 51 months. See https://ida.ussc.gov/analytics/saw.dll?Dashboard. Therefore, the
requested sentence of 48 months is also sufficient but not greater than necessary as it avoids any
unwarranted sentencing disparity. See 18 U.S.C. § 3553(a)(6).
In sum, a sentence of 48 months of incarceration, followed by 4 years of supervised release,
no fine, and a $100 special assessment is sufficient but not greater than necessary under 18 U.S.C.
§ 3553(a).
Respectfully Submitted,
DAVID C. WEISS
United States Attorney
By: _____________________
Kevin P. Pierce
Assistant United States Attorney
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