Opinion
02 CR. 404 (RWS)
December 9, 2002
SENTENCING OPINION
Defendant Justo Manuel Gomez ("Gomez") pleaded guilty on May 24, 2002 to conspiracy to distribute cocaine in violation of Sections 841(a)(1), 841(b)(1)(A), 846 of Title 21 U.S.C. For the reasons set forth below, Gomez' sentence will consist of 87 months in federal custody, to be followed by a five-year term of supervised release, subject to the sentencing hearing now set for December 9, 2002. A special assessment fee of $100 is due immediately.
The Defendant
Gomez was born on November 14, 1963, in Santo Domingo, Dominican Republic. For approximately four years he has resided at 647 West 169th Street in New York City and he has been in custody since his arrest on February 21, 2002. He is one of seven children born to Bernabez Gomez and Rosa Gomez (maiden name Castillo) Gomez' father died in 2000 and his mother, aged 75, resides in the Dominican Republic as do all of Gomez's siblings with the exception of one sister. In 1994 Gomez married Ramonita Gomez (maiden name Cortez) from whom he separated in 1999. Gomez has no children.
According to Gomez, he entered the United States illegally in 1983 traveling through Puerto Rico. In 1994 he filed with the Immigration and Naturalization Service for permanent residence and apparently the application is pending.
Gomez completed ninth grade in the Dominican Republic and has undertaken no further studies. He is in good health and has no history of significant medical disorders. Gomez did experiment with marijuana and cocaine after he separated from his wife.
Gomez reports that he worked from 1998 to February 21, 2002 for Hi-Class Car Service in New York City and earned $150 per day. From 1996 to 1998 he worked for Dyckman Car Service in New York City and earned $150 per day.
The Offense
Investigation of Gomez was conducted by the Federal Bureau of Investigation ("FBI") and information in this section is based on the criminal complaint. (Gomez has not offered a statement of the offense). A confidential witness ("CW") informed FBI agents that in February 2002 he was approached by Gomez concerning a potential narcotics transaction. CW told FBI agents that he had been involved in a multi-kilogram cocaine transaction with Gomez in 2000. According to CW, Gomez and his co-defendant Jose Manuel Roman ("Roman") came to CW's place of employment and CW told them that he needed a large quantity of cocaine. Roman and Gomez told CW that they could supply the cocaine. According to CW, Gomez arranged to supply 15 kilograms of cocaine to CW and arranged to meet at a restaurant in Manhattan. On or about February 21, 2002, CW, Ramon and Gomez met in a vehicle outside the specified location but Gomez informed the CW that he suspected police surveillance and changed the venue of the transaction. Later that day, CW, Gomez and Ramon met again and FBI agents heard, via a transmitter that CW was wearing, that CW had received the cocaine. The agents placed Gomez and Roman under arrest. After the arrest, FBI agents recovered approximately eight kilograms of cocaine from CW's vehicle that was in a child car seat that Roman had given CW.
The Guidelines
Section 2D1.1 of the United States Sentencing Guidelines ("Guidelines") provide the base offense level for the offense to which Gomez has pleaded guilty. Pursuant to this section, the base offense level is 34. See U.S.S.G. § 2D1.1(a)(3), (c)(3). Gomez meets the criteria set forth in (1)-(5) of § 5C1.2 as the offense level is above 26 the offense level is thus adjusted downwards by two levels per § 2D1.1(b)(6). Based on defendant's plea, and timely notification thereof, a further downward adjustment of three levels is warranted.
Gomez has zero criminal history points and a Criminal History Category of I. According to the Guidelines, the range for a defendant with a total offense level of 29 and a criminal history category of I is 87 to 108 months.
The Sentence
Gomez will be sentenced to 87 months imprisonment, to be followed by five years of supervised release. Gomez is to report to the nearest Probation Office within 72 hours of his release from custody, and supervision shall be in the district of residence. As mandatory conditions of supervised release, Gomez shall (1) not commit another federal, state, or local crime; (2) not illegally possess a controlled substance; and (3) not possess a firearm or destructive devise. Gomez shall also abide by the standard conditions of supervision (1-13). In addition Gomez will participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. Gomez will be required to contribute to the costs of services rendered (co-payment) in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. Moreover, Gomez will be required to comply with the directives of the Immigration and Naturalization Service and the immigration laws.
No fine will be imposed due to Gomez' 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 no set for December 9, 2002.
It is so ordered.