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U.S. v. GARCIA

April 17, 2001

UNITED STATES OF AMERICA,
V.
PARRAH GARCIA, DEFENDANT.



The opinion of the court was delivered by: Sweet, United States District Judge.

SENTENCING OPINION

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).

The Defendant

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 imprisonment.

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 ...


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