United States of America v. Elizabeth Gabrielle Mann

Asheville, North Caolina criminal defense lawyer represented the Defendant charged with drug trafficking.

For more than a year prior to November 10, 2020, Federal, State, and Local law enforcement agencies investigated a methamphetamine trafficking organization in Western North Carolina. [Doc. 739 at ¶ 46]. During this investigation, law enforcement learned that Elizabeth Gabrielle Mann ("Defendant”) was distributing methamphetamine from a residence in Sylva, North Carolina. [Id. at ¶ 47]. On November 10, 2020, while conducting surveillance, law enforcement observed a black Jeep Cherokee leaving the residence. [Id.]. Multiple officers followed the vehicle and observed that its driver was speeding and making erratic movements. [Id. at ¶¶ 47-48]. After the vehicle was stopped, Defendant, a passenger in the vehicle, consented to a search of her person. [Id. at ¶¶ 48, 51]. Officers located $328.00 in her wallet, a plastic baggie containing heroin residue within her bra, and a bag containing approximately thirty-three grams of 100% pure "actual” methamphetamine hidden near her groin area. [Id. at ¶ 51].



At the time of this incident, Defendant had previously been convicted of selling methamphetamine, possession of cocaine, possession of methamphetamine, and possession of a firearm by a felon. [Id. at ¶¶ 73, 7677]. For selling methamphetamine, Defendant initially received a suspended sentence of 13 to 25 months and was placed on probation, but her probation was subsequently revoked for, among other reasons, committing new law violations. [Id. at ¶ 73]. Defendant's possession of cocaine, possession of methamphetamine, and possession of a firearm by a felon convictions were consolidated and she was sentenced to 14 to 26 months for those offenses, as well as a term of post release supervision. [Id. at ¶¶ 76-77]. Defendant had not yet completed this term of supervision when the incident that gave rise to this matter occurred. [Id. at ¶¶ 77, 79].



A federal grand jury indicted Defendant and charged her with one count of conspiracy to distribute and to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), (b)(1)(B), and (b)(1)(C), and one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). [Doc. 3]. Defendant entered into a written plea agreement with the Government, thereby pleading guilty to the conspiracy count. [Docs. 678; 694].



Prior to Defendant's sentencing, the Court's probation office submitted a presentence report and calculated that her total offense level was 25. [Doc. 739: PSR at ¶ 70]. The Defendant was assessed six criminal history points related to her prior convictions, as well as two criminal history "status” points because she committed the present offense while on post release supervision. [Id. at ¶¶ 78-79]. Thus, Defendant received eight criminal history points in total, corresponding to a criminal history category of IV. [Id. at ¶ 80]. Based on an offense level of 25 and a criminal history category of IV, the probation office calculated an advisory guidelines range of 84 to 105 months' imprisonment. [Id. at ¶ 122]. On February 12, 2023, the Court sentenced Defendant to 84 months' imprisonment, the low end of the guideline range. [Doc. 811].

Defendant's sentence was reduced to 70 months.