The opinion of the court was delivered by: Sweet, United States District Judge.
Defendant Parrah Garcia ("Garcia") pled guilty on December 8, 2000 to
one count of illegal reentry into the United States by a deported alien,
in violation of 8 U.S.C. § 1326 (a) and (b)(2). Although Garcia's
illegal reentry had been apparent since January 3, 2000, when he was
arrested on two counts of passport fraud, he was not charged with the
instant offense until October 6, 2000, soon after he completed nine-month
passport fraud sentence. As set forth more fully below, the government's
delay in prosecuting Garcia for illegal reentry significantly enhances
his applicable sentencing range pursuant to the United States Sentencing
Guidelines ("the Guidelines").
Since the two offenses were apparent at the same time, Garcia should
not be additionally penalized as a result of the government's delayed
prosecution. Garcia will be sentenced to 35 months of imprisonment, to be
followed by a three-year term of supervised release, pursuant to
18 U.S.C. § 3583 (b)(2). A special assessment of $100 is mandatory.
18 U.S.C. § 3563 (a)(2).
Garcia was born in the Dominican Republic in 1957. He and his two
siblings grew up there, supported by their parents, Andre Parra, a
machine operator, and Candida Garcia, who worked in a hospital. Garcia's
father died approximately twenty years ago, and his mother still resides
in the Dominican Republic.
On October 6, 1983, Garcia was sentenced to a one to three year term of
imprisonment for third degree criminal facilitation and first degree
possession of stolen property by the New York County Supreme Court. He was
released on parole on September 13, 1984 and discharged two years later.
On December 29, 1992, Garcia was sentenced to a four and a half to nine
year term of incarceration for first degree robbery, after forcibly
entering an apartment, trying up and threatening its occupant, and
stealing jewelry and cash with three accomplices. He was conditionally
released to an INS detainer on September 16, 1997 and deported on
December 7, 1997.
Meanwhile, Garcia had married Theresa Irizzary ("Irizzary") while
incarcerated in October of 1996. Irizzary and their seventeen year-old
son, Jose, live together in Manhattan.
Garcia, using the name Juan Ramon Collazo, signed a passport
application on November 1, 1999, and submitted it to the Manhattanville
Post Office. The application was referred to the Fraud Program Manager of
the New York Passport Agency, which initiated an investigation. Pursuant
to the New York Passport Agency's request, the Social Security
Administration determined that Juan Ramon Collazo had died in November of
1999. Garcia was arrested on January 3, 2000 after attempting to pick up
the Collazzo passport from the New York Passport Agency on Hudson Street
in Manhattan, and was subsequently charged with a second passport fraud
offense for submitting another passport application on September 27, 1999
under the same alias.
Garcia pled guilty to two counts of passport fraud before the Honorable
Victor Marrera on March 6, 2000. See 00 Cr. 0037 (VM). Pursuant to his
plea agreement, Garcia served two concurrent nine-month terms of
Although his rap sheet had clearly indicated that he was a deported
alien when he was arrested on the passport fraud charges, Garcia was not
charged on the instant offense of illegal reentry until October 6, 2000,
days after he completed his nine-month sentence. Garcia pled guilty on
December 8, 2000.
Garcia's plea agreement stipulated to an applicable sentence under the
Guidelines of 57-71 months, but allowed the defense to seek a downward
departure "based on the Government's delay in prosecuting this case, and
to argue that he should be sentenced as if his sentence on the illegal
reentry charge were being imposed at the same time as the ...