Opinion
No. 00 Cr. 222 (RWS).
October 24, 2000.
SENTENCING OPINION
Defendant Candy Garcia ("Garcia") pled guilty on June 20, 2000 to the misdemeanor of knowingly possessing a false identification document with the intent that such document be used to defraud the United States, in violation of 18 U.S.C. § 1028 (a)(4). For the reasons set forth below and subject to the sentencing hearing scheduled for October 30, 2000, Garcia will be sentenced to three years of probation. Pursuant to 18 U.S.C. § 3013, Garcia will also be required to pay a mandatory $25.00 special assessment.
The Defendant
Ms. Garcia is a citizen of the Dominican Republic, where she was born in 1973. Both of Ms. Garcia's parents are deceased. After completing two years of high school, Ms. Garcia married Gregorio Diaz in 1992. She and Diaz have three children, Patricia, age 7; Gabrielle, age 5; and Abel, age 3, the youngest two having been born in the United States. Garcia and Diaz divorced in 1995. Ms. Garcia and her children have resided in New York City since 1996, although she does not have a visa to remain in the United States. An April 1998 INS warrant for Ms. Garcia's removal is still outstanding.
Ms. Garcia currently works as a part-time babysitter and beauty assistant and receives occasional financial assistance from Diaz for the care of their children
On June 20, 2000, Garcia pled guilty to having submitted a false birth certificate in an attempt to obtain a United States passport. Due to the outstanding removal warrant and this conviction, Garcia may be subjected to deportation.
The Guidelines
The Presentence Report prepared by the U.S. Probation Office grades Garcia's conduct under the United States Sentencing Guidelines (the "Guidelines") at a base offense level of 8, from which a 2-level reduction is appropriate for acceptance of responsibility pursuant to Guidelines § 3E1.1(a), resulting in an offense level of 6.
Garcia has no criminal history, so her Criminal History Category is I.
The Guidelines' range for an offender with a total offense level of 6 and a Criminal History Category of I is zero to 6 months imprisonment. Because the applicable range is in Zone A of the Guidelines, Garcia is eligible for a probationary term of one to five years. See §§ 5B1.1(a), 5B1.2(a)(1). Finally, § 5E1.2(c)(3) provides for a fine in the range of $500 to $5,000 if Garcia is able to pay.
The Sentence
Garcia shall be sentenced to three years of probation. The mandatory and standard conditions of probation shall be imposed, including that the defendant (1) shall not commit another federal, state or local crime; (2) shall not illegally possess a controlled substance; and (3) shall not possess a firearm or destructive device. Based upon the recommendation of the Probation Department, drug testing will not be required due to the fact that Ms. Garcia poses a low risk of substance abuse. In addition, Ms. Garcia must comply with the following special conditions: she must (1) comply with any and all directives of the INS pertaining to deportation and removal proceedings; and (2) participate in an educational and/or vocational program as deemed appropriate by the Probation Department.
Due to Ms. Garcia's lack of financial resources and in light of the Probation Department's recommendation, I find that any fine within the statutory range would cause extreme hardship. No fine will be imposed. Ms. Garcia shall pay a mandatory special assessment of $25 that will be due immediately.
The defendant is to report to the nearest probation office within 72 hours of sentencing. Supervision shall be by the district of her residency.
This sentence is subject to the hearing scheduled for October 30, 2000.
It is so ordered.