United States’ Position on Sentencing — No. 1:24-cr-00235 (Dkt. 27, E.D. Va.)

Summary

United States' Position on Sentencing, Document 27 in Case No. 1:24-CR-235 in the Eastern District of Virginia, Alexandria Division, before the Honorable Claude M. Hilton, filed 07/07/25 ahead of sentencing on July 11, 2025. The government asks the Court to adopt the Pre-Sentence Investigation Report, yielding a range of 10-16 months of incarceration for Count 1 followed by a mandatory minimum consecutive term of 60 months for Count 3, in a case involving cocaine possessed for sale from an apartment while armed. After observing narcotics sales during the week of June 16, 2024, law enforcement executed a search warrant on June 27, 2024 and recovered four firearms, cash, cocaine and fentanyl. With a total offense level of 10 and criminal history category III, the government stresses general deterrence of armed drug dealing.

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Case 1:24-cr-00235-CMH     Document 27        Filed 07/07/25   Page 1 of 5 PageID# 132




            IN THE UNITED STATES DISTRICT COURT FOR THE
                    EASTERN DISTRICT OF VIRGINIA

                               Alexandria Division

UNITED STATES OF AMERICA                  )
                                          )           Case No. 1:24-CR-235
            v.                            )
                                          )           Honorable Claude M. Hilton
ARTHUR HILL CARTER,                       )
                                          )           Sentencing: July 11, 2025
            Defendant.                    )

              UNITED STATES’ POSITION ON SENTENCING

      The United States of America, through undersigned counsel and in accord

with 18 U.S.C. § 3553(a) and the U.S. Sentencing Commission Guidelines Manual

(“Guidelines” or “U.S.S.G.”), hereby provides this position with respect to

sentencing for defendant Arthur Hill Carter (“defendant”). The United States

requests that this Court adopt the findings of the Pre-Sentence Investigation Report

(“PSR”), resulting in a sentencing range of 10-16 months of incarceration for

Count 1 followed by a mandatory minimum consecutive term of 60 months of

incarceration for Count 3. This sentence addresses the cocaine possessed for sale

from this apartment while armed.

I. Factual Background

      Carter was arrested inside an apartment leased under his name and occupied

by other individuals in addition to himself. After observing the defendant selling

narcotics from his apartment during the week of June 16, 2024, law enforcement
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Case 1:24-cr-00235-CMH      Document 27       Filed 07/07/25   Page 2 of 5 PageID# 133




obtained a search warrant which they executed on June 27, 2024.                   Four

firearms, cash, cocaine and fentanyl were recovered.             The narcotics were

subsequently tested and found to be cocaine and fentanyl.

II.    Guidelines Calculation

       As the Court is aware, although the Guidelines are advisory, sentencing

courts “must consult those Guidelines and take them into account when

sentencing.” United States v. Booker, 543 U.S. 220, 261 (2005). Thus, at

sentencing a court “must first calculate the Guidelines range.” Nelson v. United

States, 555 U.S. 350, 351 (2009). The U.S. Probation Office correctly found an

offense level reduced by 2 points for the Acceptance of Responsibility. The Total

Offense Level is 10. The defendant’s criminal history category is III, ¶ 65.

III.   Section 3553(a) Factors

       The standards governing sentencing are well established. After calculating

the applicable Guidelines range, a sentencing court must then consider that

Guidelines range, as well as the sentencing factors set forth in § 3553(a), and

determine a sentence that is appropriate and reasonable for the individual

defendant. Nelson, 555 U.S. at 351; see also United States v. Hughes, 401 F.3d

540, 546 (4th Cir. 2005). With respect to 18 U.S.C. § 3553(a)’s enumerated

factors, of particular relevance here are the “nature and circumstances of the

offense,” the need for the sentence “to reflect the seriousness of the offense,” “the


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history and characteristics of the defendant,” the need “to promote respect for the

law,” and the need for the sentence “to afford adequate deterrence to criminal

conduct.” § 3553(a)(1), (a)(2)(A), (a)(2)(B), (a)(7).

      The need for general deterrence in this case warrants a sentence addressing

the narcotics sales in this apartment complex by this defendant. General deterrence

is important in any case, but it is particularly important with respect to repetitive

drug dealing while armed. See, e.g., United States v. Martin, 455 F.3d 1227, 1240

(11th Cir. 2006) (finding that crimes that are “rational, cool, and calculated” rather

than “crimes of passion or opportunity” are “prime candidates for general

deterrence”) (citation omitted).

IV.   Conclusion

      For the reasons stated, the United States requests that this Court impose a

period of incarceration for Count 1 followed by a consecutive 60-month period of




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incarceration for Count 3. This sentence addresses this armed narcotics dealer. A

term of imprisonment will serve to protect the community from this dealer.


                                        Respectfully submitted,

                                        Erik S. Siebert
                                        United States Attorney


Date: July 7, 2025                By:                  /s/
                                        Ronald L. Walutes, Jr.
                                        Assistant United States Attorney
                                        2100 Jamieson Avenue
                                        Alexandria, Virginia 22314
                                        Office: (703) 299-3910
                                        Fax: (703) 299-3980
                                        Email: ron.walutes@usdoj.gov




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                         CERTIFICATE OF SERVICE

      I hereby certify that on July 7, 2025, I electronically filed the foregoing with

the Clerk of Court using the CM/ECF system, which will send a notification of

such filing (NEF) to all counsel of record. A copy has also been emailed to the

PSR author.



                                       By:                 /s/
                                               Ronald L. Walutes, Jr.
                                               Assistant United States Attorney




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