the father's girlfriend. The girlfriend's income from a job as a laundry worker supported defendant. In 1987, defendant moved to the United States to join her paternal half-sister in Queens. Defendant's father has died and defendant's mother, with whom she does not maintain contact, has returned to the Dominican Republic. The woman who raised defendant is now 70 years old and remains in the Dominican Republic.
Defendant now lives with her paternal half-sister and the sister's husband; they have four children. Defendant's other paternal half-sister, Dinorah Caba, also lives in New York and is a related defendant in these cases. Defendant has never been married, but has two children, ages ten and seven. Both children were born in the Dominican Republic and live there with defendant's half-sister. Defendant sends them $ 200 every two weeks. She says she was planning to bring the children to the United States before she was arrested. The father is now out of contact with the family.
Defendant pays $ 200 per month in rent to her half-sister. She is in good physical health, but says she suffers from depression. She continues to take medication prescribed by a doctor she saw in the Dominican Republic. Defendant left school after the eighth grade. She has been working since May 1992 for a necktie manufacturer, earning $ 180 per week. Before 1992, she earned $ 100 per week as a babysitter.
Defendant says she stole out of financial need and that she used the proceeds to support herself and her children in the Dominican Republic. Defendant has not cared for her children for the past five years. Imprisonment of this defendant will not significantly harm the children. Ultimately, her return to the Dominican Republic might be best for the family.
Defendant is sentenced to nine months in prison followed by three years of supervised release. Restitution of $ 39,897.20 and a $ 50 assessment are ordered. The sentence imposed is required by statute in the court's informed discretion. If the Guidelines are held to be controlling, the sentence is in the middle of the Guidelines range. Probation shall arrange for the restitution payments so as to permit sufficient income for the family.
In view of the prison sentence, no provision for community service is needed. The sentence is stayed for ten days to permit defendant to leave the country. If she departs promptly and voluntarily, the prison sentence, supervised release term and order of restitution will be stayed while she remains outside the United States. If she returns, she will go to prison. There is good reason not to require taxpayers to pay the cost of $ 1,492 per month for imprisonment and $ 115 per month for supervised release. Having left the country, she shall not return illegally.
S. Gloria Martinez Delgado, CR 92-698
Ms. Delgado was born in the Dominican Republic and is a resident alien in the United States. She is 47 years old. Defendant stole $ 70,780.95 from the AFDC and Food Stamp programs, using four aliases. She also accepted mail, for a $ 50 per month fee, for three others who opened 12 fraudulent cases.
The Guidelines calls for a sentence of 10 to 16 months in prison followed by two to three years of supervised release. A five-month sentence with three years of supervised release and five months home or community detention is also permitted. The government moves for a downward departure based upon defendant's substantial assistance in the investigation and prosecution of these offenses.
Defendant grew up in a poor family as the ninth of ten children. Her father's work as a farmer supported the family. Defendant's parents have both died. All of her siblings have remained in the Dominican Republic. Defendant was married in 1964 to a Dutch man. The one child from that marriage is now 26 and lives in the Netherlands. Defendant was divorced in 1969. The child's father died in March of 1992.
Prior to her divorce, defendant was involved in another relationship that produced three children. The children are now 20, 19 and 16 years old, and all live in Santo Domingo with their father's sister. Defendant remains in contact with the father but their relationship ended when defendant came to the United States in 1985.
Defendant remarried in 1986. Her husband earns $ 300 per week as a security guard. The couple have been sharing a two-room apartment in Brooklyn and have no children. He has asked her to move out although he continues to pay the rent of $ 475 per month and support her. Defendant has high blood pressure and heart problems and is being treated for insomnia and depression. She takes seven different medications. Her husband's union benefits pay for part of her medical care.
Defendant has an eighth-grade education and speaks no English. She worked for a babysitting service from 1985 until 1989 but has not worked since.
Defendant sent most of the proceeds of her crimes to her children in the Dominican Republic. She says she sought to provide for her family and regrets what she has done. Defendant is seriously ill. She cannot work. She is being treated for these problems in New York. Her doctor indicates in a written report that it would be deleterious to her health were her present treatment terminated by her leaving New York.
Defendant is sentenced to five months in prison followed by three years of supervised release with a special condition of five months home detention, with provision to leave for work, medical treatment, religious worship and as provided by Probation. Restitution of $ 70,780.95 and a $ 50 assessment are ordered. The sentence imposed is required by statute in the court's informed discretion. If the Guidelines are held to be controlling, the sentence is consistent with the Guidelines. Probation shall arrange for the restitution payments so as to permit sufficient income for the family.
In view of the prison sentence, no provision for community service is needed. The sentence is stayed to permit medical treatment to continue.
III. SUMMARY OF SENTENCES
Community or Superv. Fine and/or
Name Imprisonment Probation Home Detention Release Restitution
Figueroa 5 years 8 months $ 83,912
Roman 5 years 6 months $ 22,398.65
Vargas, D. 5 years 12 months $ 148,607.15
Escobar 10 months 3 years $ 49,070.25
Polanco 5 years 6 months $ 30,855.05
Vargas, M. 8 months 3 years $ 107,977
Real 5 years 6 months $ 25,105.05
Heredia 5 years 6 months $ 13,985.65
Perez 5 years 6 months $ 50,552
Sosa 5 years 6 months $ 39,053.15
Ramos, E. 18 months 3 years $ 218,078.45
Fernandez 5 years 6 months $ 34,957
Ramos, O. 5 years 6 months $ 43,042.25
Trinidad 5 years 6 months $ 22,179.50
Pena 5 years 6 months $ 26,730.30
Diaz 5 years 8 months $ 120,518
Burdie 12 months 3 years $ 313,966
Dominguez 9 months 3 years $ 39,897.20
Delgado 5 months 3 years $ 70,780.95
© 1992-2004 VersusLaw Inc.