Drug dealer seeks time in bid for lesser sentence

A Farrell man has asked for more time before he is sentenced on a federal drug charge. While the judge granted the request, he also revoked Andrew L. “Drew Bone” Smith’s bond and sent him to the Allegheny County Jail.

Smith, 43, of 906 Hamilton Ave., was to be sentenced at 12:30 p.m. Wednesday on a charge of distribution and possession with intent to deliver 50 grams or more of crack cocaine, a charge he pleaded guilty to June 11. He showed up more than an hour late.

Once the hearing began, U.S. District Court Alan N. Bloch, Pittsburgh, found that Smith was not eligible for the “safety valve” provision that provides for a lesser sentence in drug cases when a defendant has little or no criminal history; did not use a weapon, violence or the threat of violence in committing the crime; the offense did not result in death or serious injury; the defendant is not a leader, manager or supervisor of a drug enterprise; and he or she truthfully provides the government with all information or evidence he or she has about the offense.

The charge comes with a mandatory minimum sentence of 10 years in prison, and Smith was hoping the safety valve would get him under that. Sentencing guidelines would otherwise recommend a prison term of 70 to 87 months.

While Smith’s attorney, Joseph M. Yablonsky, Washington, had argued Smith would meet the fifth prong by the time of sentencing, he told Bloch Wednesday, “My client has nothing to say,” said Assistant U.S. Attorney Troy Rivetti.

When Bloch determined Smith does not qualify for the safety valve and said he intended to sentence Smith to 10 years in prison, Smith asked for more time “with regard to the application of the safety valve provision,” according to the docket entry on the hearing.

Bloch granted the request and continued sentencing to Oct. 9.

Smith had been living in a halfway house in Pittsburgh. Bloch said he allowed Smith to live in the halfway house so that he could receive kidney dialysis treatment for renal disease. Bloch said he learned Wednesday morning that Allegheny County Jail provides dialysis treatment.

Smith sold two ounces of crack to an informant Aug. 16, 2007, in Farrell, prosecutors said.