United States of America v. Erika Day

Mobile, Alabama, criminal defense lawyer represented the Defendant charged with methamphetamine possession with intent to distribute and firearm use attendant to a drug crime.

In her written plea agreement with the government, Erika Kelley Day provided an undisputed factual resume. Deputies with the Mobile County Sheriff’s Office arrested Day in a drug bust after the Office received a tip that a fugitive was staying at a local park for recreational vehicles. Upon arrival at the location, a corporal saw a car, driven by Day, leave the lot. Deputies then stopped the car for a traffic violation. While conducting the traffic stop, they saw crystal methamphetamine in the front seat. They arrested Day, and upon patting her down, found that she was carrying a hand-gun.

After calculating the guideline range, the district court granted the substantial-assistance motion. It decided that Day’s co-operation warranted an extraordinary reduction and stated that the “government’s 5K motion” allows “the Court to move below stat-utory minimum sentencing.” The district court issued “a time-served sentence on Count One,” and “one day on Count Two to be served consecutively.” The prosecutor objected because “[t]he government’s motion was restricted to Count One,” and reduction below the statutory minimum on the other count was “an illegal sentence.” The district court replied, “I disagree, and so I’m going to overrule your objection.

Reversed and remanded.