The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
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 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,
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
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
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,
Gonzalez-Roque was arrested in Florida on July 19, 2002, following a
DBA investigation into a cocaine-trafficking organization led by the
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 ...