Andre Kelly, 45, a/k/a “Duke,” of Edison, N.J., was sentenced to 30 months in prison; and Mustafa Harris, 33, a/k/a “Moose,” of Plainfield, was sentenced to 84 months in prison. Both defendants previously pleaded guilty to separate Informations charging one count each of distribution of crack cocaine. Kelly and Harris entered their guilty pleas before U.S. District Judge Susan D. Wigenton, who also imposed the sentences today in Newark federal court.
According to documents filed in this case and statements made in court, in 2010, Kelly and Harris each distributed crack cocaine to an FBI confidential informant for prices ranging from $1,500 to $3,000.
In addition to the prison terms, Judge Wigenton sentenced Kelly to four years of supervised release and Harris to five years of supervised release.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward in Newark, and the FBI Violent Crimes Criminal Enterprise Task Force assigned to the Safe Streets Task Force; the Union County Prosecutor’s Office; the New Jersey State Police; and the Plainfield Police Department for the investigation leading to today’s sentences.
The length of the sentences imposed on Kelly and Harris was affected by the Fair Sentencing Act (FSA), which was signed into law on August 3, 2010. Among other things, the FSA reduced the sentencing disparity between crack and powder cocaine offenses and eliminated the five-year mandatory minimum penalty for crack possession. The U.S. Department of Justice believes that the FSA should apply to all defendants who are sentenced on or after August 3, 2010.
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