Pubdate: Wed, 29 Aug 2001
Source: Knoxville News-Sentinel (TN)
Copyright: 2001 The Knoxville News-Sentinel Co.
Contact:  http://www.knoxnews.com/
Details: http://www.mapinc.org/media/226
Author: Laura Ayo, News-Sentinel staff writer

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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