Opinion
00 Cr. 1260 (RWS)
June 17, 2002
SENTENCING OPINION
Defendant Francesca Carlucci ("Carlucci") pleaded guilty on August 29, 2001 to conspiracy to launder money, in violation of 18 U.S.C. § 1956 (h). For the reasons set forth below, Carlucci's sentence will consist of 30 months in federal custody, to be followed by a two-year term of supervised release, subject to the sentencing hearing now set for June 17, 2002. A special assessment fee of $100 is mandatory and will be due immediately.
The Defendant
Carlucci was born on September 26, 1956 in Armenia, Colombia. She was one of six children born to Eliceo Buitrago and Delia nee: Dukue. Carlucci's father died approximately 42 years ago from liver and kidney failure, and her brother died last year of a heart attack. Carlucci's mother, age 85, resides in Columbia, as do her surviving siblings.
Carlucci was raised under poor economic circumstances, which worsened after her father's death. She was also a victim of sexual abuse at a very young age, having been molested by a neighbor when she was eighteen months old and repeatedly by her grandfather between the ages of four and six. Shortly after her grandfather died, at age nine, Carlucci was sent away to live with her maternal uncle and his wife. She later lived with her mother for a short while, and then with her sister. While living with her sister, at age eleven, she was raped by her friend's brother, who was twenty-one.
In 1970, Carlucci married Diego Herran in Colombia, with whom she had a daughter, now age thirty-one. The couple divorced in 1978 when Herran immigrated to the United States. Carlucci married twice more: in 1982 in New York, New York (primarily for purposes of obtaining permanent residence), and in 1986 in Seaford, New York. She has two children as a product of the latter marriage, ages ten and twelve. Carlucci is now a U.S. citizen, and for the last three years has been living in Lindenhurst, New York.
Carlucci studied medicine for two years in Colombia at Balle Cali College, but discontinued her education because of financial problems. For several years, she was a housekeeper and occasionally held jobs at restaurants in the New York area. From 1996 to 1998, she bought clothing in the United States and returned to Colombia, where she sold it at a profit. In March 1999, she began working for Myriam Nudell, a co-defendant in the instant offense. Since January 2001, Carlucci has been employed as a waitress in Deer Park, New York.
The Offense
Carlucci was arrested on November 27, 2000, following an investigation by the U.S. Drug Enforcement Administration (DEA) into a money laundering organization headed by Myriam Nudell in the New York City area. The organization collected narcotics proceeds in the New York area from co-conspirators acting on behalf of Colombian drug traffickers. The cash would then be laundered by forwarding the proceeds to traffickers or their representatives in Colombia, either by physically transporting pesos or by depositing them in Colombian bank accounts.
On August 29, 2001, Carlucci pleaded guilty to the instant offense. During her plea allocution, she admitted that between September 1999 and November 1999, she purchased money orders with narcotics proceeds. She further admitted that the money was to be taken out of the U.S. and sent to different countries without paying taxes.
The Guidelines
Section 2S1.1 (a) of the United States Sentencing Guidelines (the "Guidelines") provides the base offense level for the offense for which Carlucci has been convicted. Pursuant to this section, the base offense level is 20. Because Carlucci believed that the funds were the proceeds of an unlawful activity involving narcotics trafficking, a three-level increase is warranted pursuant to § 2S1.1(b)(1). Another level is added because the laundered money was more than $100,000 but less than $200,000. See U.S.S.G. § 2S1.1 (b)(2)(B). However, three levels are deducted based on Carlucci's acceptance of responsibility for the offense, see U.S.S.G. § 3E1.1(a), (b), and another two levels are deducted because Carlucci was a minor participant in the charged conspiracy, see § 3B1.2 (b), yielding an adjusted offense level of 19.
The 2000 Guidelines Manual in effect at the time the offense was committed is more advantageous to Carlucci, and was used for calculating her sentence in accordance with Guidelines § 1B1.11(b)(1).
Because she has no criminal history, Carlucci's Criminal History Category under the Guidelines is I. According to the Guidelines, the range for a defendant with a total offense level of 19 and a criminal history category of I is 30 to 37 months.
The Sentence
Carlucci will be sentenced to 30 months imprisonment, the bottom of the Guidelines range, based upon her past history and her role in the offense. This period of incarceration is to be followed by two years of supervised release. Carlucci is to report to the nearest Probation Office within 72 hours of release from custody, and supervision shall be in the district of residence. As mandatory conditions of supervised release, Carlucci shall (I) not commit another federal, state, or local crime; (2) not illegally possess a controlled substance; and (3) not possess a firearm or destructive devise. Carlucci shall also abide by the standard conditions of supervision (1-13).
No fine will be imposed due to Carlucci's lack of financial resources at this time. However, a special assessment fee of $100 will be due immediately.
This sentence is subject to modification at the sentencing hearing now set for June 17, 2002.