Opinion
98 Cr. 350-01 (RWS)
May 20, 2002
SENTENCING OPINION
Defendant Eduardo Johnson-Guzman C "Johnson-Guzman") pleaded guilty on August 31, 1998 to conspiracy to distribute and possess with intent to distribute "crack" and cocaine, in violation of 21 U.S.C. § 846. For the reasons set forth below, Johnson-Guzman will be sentenced to time served, to be followed by a five-year term c)f supervised release, subject to the sentencing hearing now set for May 23, 2002. A special assessment fee of $100 is mandatory and will be due immediately.
The Defendant
Johnson-Guzman was born on November 29, 1964 in Santo Domingo, Dominican Republic as the youngest of six children. His father died in 1989 and his mother, age 69, resides in Yonkers, New York and in the Dominican Republic. Johnson-Guzman was raised under poor circumstances and completed high school in the Dominican Republic.
In 1988, Johnson-Guzman married Eva Larancuent, a U.S. citizen, age 34, in the Dominican Republic. Johnson-Guzman was then able to obtain legal residency in the U.S. in 1992. The two separated in 1994, but have since begun to rebuild the relationship. Johnson-Guzman has three children from his marriage, ages 9, 11, and 12, and two other children as a result of separate relationships in 1994 and 1995. All live in the Bronx, New York. Johnson-Guzman's wife has most recently been employed as a surgical assistant, and plans to begin nursing school.
Prior to coming to the United States in 1992, Johnson-Guzman was employed for several months as an account analyst at Credomatic in the Dominican Republic. From 1998 to 1992, he was self-employed selling second-hand clothing at a flea market in Santo Domingo. After his arrival in the U.S., he was unable to find a job and subsequently became involved in the illegal narcotics trade earning approximately $800 per week.
Johnson-Guzman admits to having used cocaine on one occasion at age 29, but has reported that he has not used illegal drugs since that time. He also admits to having drunk liquor approximately four times a week prior to his arrest and becoming intoxicated approximately twice a month.
The Offense
Johnson-Guzman was arrested as a result of an investigation initiated by the Drug Enforcement Administration (DEA). After being informed by a cooperating witness that a group of cocaine dealers was operating out of an apartment at 468 West 153rd Street in New York, NY, investigators arranged for the cooperating witness to pose as a buyer. It was later discovered that Johnson-Guzman was the right-hand man to Henry Perez-Garcia, the leader of the distribution organization.
Johnson-Guzman was arrested on April 2, 1998 as part of this undercover investigation. He admitted that from the time he first got involved in the conspiracy in September 1993, until the time of his arrest, the group purchased approximately 1 kilogram of cocaine per week, which, when mixed with a cutting agent for resale, came out to approximately 1.1 kilogram of cocaine sold per week. Approximately 90 percent of sales during Johnson-Guzman's tenure were for cocaine, and approximately 10 percent were for "crack." According to the Government, Johnson-Guzman was responsible for the distribution of approximately 172 kilograms of cocaine and approximately 19 kilograms of "crack."
On August 31, 1998, Johnson-Guzman pleaded guilty to conspiracy to distribute and possess with intent to distribute 50 grams and more of "crack" and 5 kilograms and more of cocaine in violation of 21 U.S.C. § 812, 841(a)(1), and 841(b)(1)(A)
The Guidelines
Section 2D1.1 of the United States Sentencing Guidelines (the "Guidelines") provide the base offense level for the offense for which Johnson-Guzman has been convicted. Pursuant to this section, the base offense level is 38. Under § 2D1.1 (b)(1) of the Guidelines, two levels are added since the defendant was a manager in a narcotics group that possessed a firearm. Another two levels are added for Johnson-Guzman's role as a manager in the offense. See U.S.S.G. § 3B1.1(c). However, three levels are subtracted for Johnson-Guzman's timely acceptance of responsibility, yielding an adjusted offense level of 39. See U.S.S.G. §§ 3E1.1.
Johnson-Guzman has no criminal history points and is therefore assigned a criminal history category of I. According to the Guidelines, the range for a defendant with a total offense level of 39 and a criminal history category of I is 262-327 months.
The Government has submitted a letter pursuant to Section 5K1.1 of the Guidelines. According to the Government, Johnson-Guzman offered substantial assistance in the investigation and, prosecution of other persons. He was the first defendant in this case to plead guilty pursuant to a cooperation agreement, and it is believed that his cooperation led five co-defendants to enter into plea agreements with the Government. His assistance included: (1) aiding the Government in its investigation and successful prosecution of another, larger drug distribution group that was also housed at 468 West 153rd Street in New York; (2) testifying at the trial of a leader of the aforementioned group, who was found guilty and sentenced to 27 years imprisonment; (3) providing information about groups of drug dealers located in nearby apartment buildings on Amsterdam Avenue, who were later successfully prosecuted; and (4) providing information about an individual named Raquel Valentine, a/k/a "Blondie," who was arrested and charged after an undercover agent negotiated to sell cocaine to him.
The Sentence
Johnson-Guzman, who has been incarcerated since his arrest on April 2, 1998, will be sentenced to time served, to be followed by five years of supervised release.
Johnson-Guzman 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, Johnson-Guzman 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. Johnson-Guzman shall also abide by the standard conditions of supervision (1-13).
In addition, as special conditions, Johnson-Guzman will: (1) comply with the directives of the Immigration and Naturalization Service and the Immigration laws; (2) participate in an alcohol aftercare treatment program under a co-payment plan, which may include urine testing at the direction and discretion of the probation officer; and (3) participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether Johnson-Guzman has reverted to the use of drugs or alcohol. Johnson-Guzman will be required to contribute to the costs of services rendered (copayment) in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment.
No fine will be imposed due to Johnson-Guzman'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 no set for May 23, 2002.
It is so ordered.