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U.S. v. GONZALEZ-ROQUE

February 6, 2004.

UNITED STATES OF AMERICA, -against- COPERQUIN GONZALEZ-ROQUE, Defendant


The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

SENTENCING OPINION

On July 10, 2003, the defendant Coperquin Gonzalez-Roque, a/k/a "Manuel Ledesma" ("Gonzalez-Roque") pleaded guilty to one count of Illegal Re-entry, in violation of 8 U.S.C. § 1326(a) and * (b)(2), a Class C Felony.

The Offense Conduct

  The following fact recitation is drawn from the Presen-tence Report dated January 30, 2004.

  On November 20, 2000, a U.S. Immigration and Naturalization Service ("INS") agent was notified by a special agent from the Bureau of Alcohol, Tobacco and Firearms ("ATF") that Gonzalez-Roque was presently residing in New York, New York.

  The INS agent reviewed Gonzalez-Roque's official INS records and his criminal record sheet and found that on July 12, Page 2 1993 Gonzalez-Roque was convicted of an aggravated felony, namely Criminal Possession of a Weapon in the Second Degree in New York Supreme Court, New York County. Gonzalez-Roque was sentenced to 2 to 6 years imprisonment.

  On September 21, 1997, pursuant to an INS warrant of deportation, Gonzalez-Roque was deported from the U.S. to the Dominican Republic pursuant to § 241(a)(2)(C) of the Immigration and Nationality Act.

  On January 9, 2000, Gonzalez-Roque was arrested by the New York City Police Department for Criminal Possession of a Controlled Substance in the 7th Degree. Gonzalez-Roque told the arresting officers that his name was Manuel Ledesma. The following day, Gonzalez-Roque was convicted in New York Supreme Court, New York County of Criminal Possession of a Controlled Substance in the 7th Degree.

  Gonzalez-Roque's fingerprints for his 1993 arrest, his 2000 arrest, and the fingerprints taken by the INS at the time of his first deportation were compared. The fingerprint specialist indicated that all of the fingerprints came from the same person. INS was then alerted of his return after the deportation.

  On April 10, 2001, Gonzalez-Roque was arrested for illegal re-entry after deportation. On October 1, 2001, the case Page 3 was dismissed by this Court, see United States v. Gonzalez-Rogue, 165 F. Supp. 3d 577 (S.D.N.Y. 2001), and Gonzalez-Roque was again deported on November 14, 2001. However, the Second Circuit reinstated the decision on August 20, 2002. See United States v. Gonzalez-Rogue, 301 F.3d 39 (2d Cir. 2002). A bench warrant was issued on September 3, 2002.

  Gonzalez-Roque was arrested in Florida on July 19, 2002, following a DBA investigation into a cocaine-trafficking organization led by the defendant.

 Adjustment for Acceptance of Responsibility

  At the time of the presentence interview, Gonzalez-Roque, on his counsel's advice, relied on his plea allocution. In his plea allocution, Gonzalez-Roque indicated that he re-entered the U.S. through ...


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