Opinion
02 CR. 404-02 (RWS)
December 9, 2002
SENTENCING OPINION
Defendant Jose Ismael Roman ("Roman") pleaded guilty on July 1, 2002 to conspiracy to distribute cocaine in violation of Sections 812, 841(a)(1), 841(b)(1)(A), 846 of Title 21 U.S.C. For the reasons set forth below, Roman's 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
Roman was born on September 8, 1968, in Santo Domingo, Dominican Republic. He currently resides at 610 W. 145th Street in Manhattan and has been in custody since his arrest on February 21, 2002. He is one of four children born to Ramon Roman and Ana Felicia Moya. Roman stated (the probation officer's interview from which these facts are drawn was conducted through a Spanish language translator) that he grew up in the village of Pimentel, Dominican republic, where his father worked as a truck driver and his mother was a homemaker.
According to Roman, he first came to the United States in 1989 and stayed in. New York with relatives for about one month. He returned to New York in 1991 and subsequently obtained permanent residence status, which has been confirmed by immigration authorities.
Shortly after his arrival in New York in 1991 Roman married Sigrid Morales. The relationship was short-lived and did not produce am: children. For the past ten years or so Roman has been involved with Alfida Sosa and together they have had two children: Perla, age 10; and Krystal, age 5. Ms. Sosa works as a home decorator and also attends a community college.
Roman completed high school in the Dominican Republic in 1985 or 1936 and he states that thereafter he enrolled in a university for one year and earned a degree as a dental technician. He is in good health and has no history of significant medical disorders. Roman admits to occasional use of marijuana including on the day of his arrest.
Roman reports that he worked as an estimator for a moving company called Mundazas Monti, located in Brooklyn, N.Y. for under one year and earned about $500 per week. He also worked at the Manuel Grocery store for about 1.5 years and earned between $100 and $200 per week. Roman states that he has worked at other "Hispanic grocery stores" and drove a taxi cab.
The Offense
Investigation of Roman was conducted by the Federal Bureau of Investigation ("FBI") and information in this section is based on the criminal complaint. (Roman has not offered a statement of the offense). A confidential witness ("CW") informed FBI agents that in February 2002 he was approached by Roman's co-defendant Justo Gomez ("Gomez") (whose sentencing is scheduled for the same day as Roman's) concerning a potential narcotics transaction. The CW told FBI agents that he had been involved in a multi-kilogram cocaine transaction with Gomez in 2000. According to the CW, Roman and Gomez came to CW's place of employment and CW told them that he needed a large quantity of cocaine. Roman and Guzman 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, Roman 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 Roman 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 Roman has pleaded guilty. Pursuant to this section, the base offense level is 34. See U.S.S.G. § 2D1.1(a)(3), (c)(3). Roman 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 a further downward adjustment of three levels is warranted.
Roman 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
Roman will be sentenced to 87 months imprisonment, to be followed by five years of supervised release. Roman 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, Roman 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. Roman shall also abide by the standard conditions of supervision (1-13). In addition Roman 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. Roman 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. Roman shall participate in a language skills program which will allow him to further utilize any marketable skills.
No fine will be imposed due to Roman'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 December 9, 2002.
It is so ordered.