United States of America v. Emillo Marco Black, aka Blace Migo

Fort Worth, Texas criminal defense lawyer represented the Defendant charged with possession of controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(l) and (b)(l)(C).



The Sentencing Reform Act of 1984



provided for a new federal sentencing structure by creating the United States Sentencing Commission to establish sentencing guidelines, abolishing federal parole, and giving judges discretion to impose sentences within guideline ranges while allowing for appeals of final sentences. It aimed to reduce sentencing disparities and establish more consistency in federal punishments for similar crimes.

Here's a breakdown of its key provisions:



Sentencing Guidelines and Commission: The Act created the U.S. Sentencing Commission and directed it to develop binding guidelines to ensure greater uniformity in federal sentencing.



Abolition of Parole: Federal parole was eliminated, meaning offenders would serve a greater portion of their sentences.



Sentencing Structure: It established a new system where judges had to impose sentences within the recommended guideline ranges, unless there were aggravating or mitigating circumstances not considered by the Commission.

Appeals: It allowed both the defendant and the government to appeal a final sentence to a district court for review.

Additional Sanctions: In addition to imprisonment or probation and fines, the Act permitted orders for notice to victims and restitution in cases of fraud, property damage, or bodily injury.

Pursuant to the Sentencing Reform Act of 1984, as amended, it is the judgment of the Court that the defendant, Emilio Marco Black, in 4:24-CR-00279-O(01), is hereby committed to the custody of the Federal Bureau of Prisons for a period of ONE HUNDRED TWENTY (120) months. This sentence shall run consecutively to any future sentence which may be imposed in the pending probation revocation in Case No. 1658317D, in the 485th Judicial District Court, in Tarrant County, Texas, and Case No. 1831757, in the 485th Judicial District Court, in Tarrant County, which is unrelated to the instant offense. The Court did not order a fine because the defendant does not have the financial resources or future earning capacity to pay a fine. It is further ordered that the defendant pay a special assessment of $100. Supervised Release is Ordered for a term of THREE (3) years. The Court makes a non-binding recommendation to the BOP that Defendant, if appropriately classified, be allowed to serve his term of imprisonment at an FCI Facility within the Northern District of Texas. Pursuant to 18 U.S.C. 924(d) and 28 U.S.C. 2461(c), it is hereby ordered that defendants interest in the following property is condemned and forfeited to the United States: a Taurus firearm, bearing Serial No. TMC78147; a shotgun, bearing Serial No. TR1020-2934; and an AR-style firearm with no serial number, including any associated ammunition recovered with the firearms. Upon Motion of the government, all remaining Counts are dismissed, as to this defendant only. The Defendant is remanded to the custody of the US Marshal.