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News (Media Awareness Project) - US TN: Man Sentenced To 12 Years After Refusing To Cooperate
Title:US TN: Man Sentenced To 12 Years After Refusing To Cooperate
Published On:2001-08-29
Source:Knoxville News-Sentinel (TN)
Fetched On:2008-01-25 09:26:42
MAN SENTENCED TO 12 YEARS AFTER REFUSING TO COOPERATE

A Knoxville man thanked a federal prosecutor Tuesday for offering him a way
out of a mandatory 10-year prison sentence he faced for participating in a
cocaine-trafficking operation. "But I can't accept it," Major Allen
Spaulding told Assistant U.S. Attorney David Folmar. "I already put my
family through emotional stress, and I can't jeopardize their physical
safety for decisions I made."

While Spaulding, 24, admitted in April that he sold multiple kilograms of
cocaine to undercover law enforcement officers and others over the past six
years, the articulate man refused to cooperate with authorities - a move
that could have allowed Folmar to ask the judge to ignore the mandatory
prison term set out by law.

"He knew how to get out from under the sentence and chose not to do so,"
Folmar told U.S. District Judge James Jarvis. "While the court may think
it's too much time for someone without a record ... he had a way to get out
from under it."

Jarvis said that since Spaulding, a first-time offender, chose not to
cooperate, he was going to "have to pay, unfortunately."

The judge sentenced Spaulding to 12 years and seven months in prison. The
term was more than seven years longer than the term received by his
co-defendant, who did cooperate with authorities to avoid a sentence of
life in prison as a career criminal.

Jarvis sentenced co-defendant Robert Paul Wilkinson, 50, in July to five
years in prison. Wilkinson had two prior felony drug convictions.

The judge accepted defense attorney Bruce Poston's argument that Spaulding
shouldn't be subjected to a higher sentence for having a firearm during the
course of the drug conspiracy.

"You moved a lot of cocaine," Jarvis told Spaulding. "While there is
evidence that someone sold you a gun, the evidence is not sufficient to
require an enhancement because I don't think you possessed firearms in the
sense of drug (trafficking)."

Jarvis explained no guns were found when U.S. Drug Enforcement
Administration agents searched Spaulding's residence or vehicle.

But the judge rejected Poston's argument that Spaulding shouldn't be
subjected to a higher sentence for being a manager or supervisor in the
conspiracy.

Spaulding admitted in his plea papers that his role was largely to direct
Wilkinson to deliver cocaine for him and pick up cash proceeds.

"There's no excuse for what he did," Jarvis said. "He does not fit the
usual criteria for what we normally see in the drug business."

The judge explained Spaulding came from a loving, involved family and was
educated. Letters submitted on his behalf describe Spaulding as an always
smiling young man who made good grades in school, was polite and held a job
requiring creativity, dedication and motivation.

"So what happened," questioned one couple in their letter seeking mercy for
Spaulding. "Who are we to ever think we could predict the future. Watching
Major as a young boy the possibilities were endless. What he was and the
foundation provided for him all pointed to great and wonderful things."

Spaulding offered no excuses for his actions and apologized to his parents,
friends and the community.

"It was done out of greed and selfishness," he said.
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