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U.S. v. ARVELO

September 11, 2003

UNITED STATES OF AMERICA, -AGAINST- VICTOR ARVELO, DEFENDANT


The opinion of the court was delivered by: Robert Sweet, Senior District Judge

SENTENCING OPINION

Defendant Victor Arvelo ("Arvelo") pled guilty on April 25, 2003 to submitting an application for a United States passport containing false information and documents, including a false place of birth. This is a violation of 18 U.S.C. § 1542. For the reasons set forth below, Arvelo will be sentenced to 12 months' imprisonment, followed by three years of supervised release. A $100 special assessment fee is mandatory.

The Defendant

Arvelo was born in the Dominican Republic on October 19, 1959, according to his birth certificate. He was one of six children born to the marital union of Victor Manuel Arvelo and Maria Christina Reynoso. Arvelo's father is approximately 70 years of age, and his whereabouts are unknown. Arvelo stated that he was six years old when he last had contact with his father. Arvelo's [ Page 2]

mother's age is unknown, and she resides in the Dominican Republic. Arvelo reported that he has not seen his mother in 20 years.

Arvelo was abused as a child. His father abandoned the family when he was young, and his mother had a bad temper and mistreated the children. Arvelo resembled his father, making him a special target of his mother's outbursts. Arvelo has scars on his body from his mother's physical abuse, and he also has trouble hearing out of his left ear as a result of abuse.

Arvelo left his mother's home when he was 12 years of age. First, he went to his grandmother's home, and then he went to the "market," where friends provided him with assistance and he sold produce. Eventually, he became involved in performing body work on vehicles and resided in an autobody shop for the rest of his childhood.

When Arvelo was 18 years old, he went to reside in Puerto Rico, where he remained for 10 to 15 years. He then traveled to the United States and resided in New York.

Arvelo has been in a two-year consensual relationship with Estella Baez ("Baez"), age 44, who works as a home attendant and resides with him. Arvelo describes their relationship as very good, referring to Baez as his "wife" although they have not been legally married. Baez continues to remain supportive of Arvelo. [ Page 3]

Arvelo reported that he has two children as a result of past consensual relationships. Christian Silveria, age eight, was born to Arvelo's relationship with Aelaida Silveria, and Emily Marie Matos, age three, was born to his relationship with Marta Matos. Both children reside with their mothers in Bronx, New York. Arvelo reported a good relationship with his children and that his relationship with their respective mothers is fine. Baez reports that Arvelo has an additional child in the United States, Miguel Angel, age 8, and three children in the Dominican Republic, the oldest being approximately 23 years of age.

Baez has two children of her own, Carolyn, age 20, and Steven, age 13, whom Arvelo treats as his own children.

According to a records search with the Immigration and Customs Enforcement (ICE), Arvelo is not legally in the United States and is subject to removal proceedings. His name was listed as Victor Arvelo Reinoso with a date of entry of April 29, 1998.

Arvelo completed the 7th grade in the Dominican Republic. After that he stopped attending school because he had to pay for his expenses and needed to work full time. In a presentence report completed by the New York City Department of Probation in March 1996, it was mentioned that Arvelo obtained his high school diploma. [ Page 4]

Arvelo is skilled in auto body repair. From 2001 until his arrest in the instant case, Arvelo worked at Custom Collision in Fort Lee, New Jersey "off the books" and was paid $500 per week. Arvelo completed a personal financial statement, which indicates that he has no ...


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