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April 6, 2004.


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


On January 13, 2004, defendant Martin Felix Millan ("Millan") pleaded guilty to one count of Conspiracy to Distribute with Intent to Possess Heroin, 21 U.S.C. § 846, a Class B Felony, and one count of Distribution and Possession with Intent to Distribute Heroin, 21 U.S.C. § 841(b)(1)(B), also a Class B Felony.

The Offense Conduct

  This statement of facts draws on the Presentence Investigation Report prepared by the U.S. Probation Office.

  Millan was indicted along with eight other defendants for drug — trafficking activity involving the sale of crack and heroin. On September 26, 2003, Millan drove about in a car in the Bronx with two other men, one of whom, co-defendant Johnny Ozuna ("Ozuna"), is viewed by the government as the leader and supplier of this drug trafficking activity. Millan, a resident of Boston, had come to meet with Ozuna in order to purchase a quantity of heroin. When agents stopped the vehicle and arrested them, Ozuna used his cellphone to contact co-defendant Leonardo Gerinson ("Gerinson"). Ozuna not only informed Gerinson about the arrest, but warned him either to get rid of or to sell the drugs, which he referred to as "stuff." Gerinson and co-defendant Clifton Lee Davis ("Davis") were subsequently apprehended as they drove about in a van owned by Ozuna. A search of the van revealed a secret compartment in the floor of the van which held a machete and about $1,800 in counterfeit U.S. currency. Gerinson, after he had been apprised of his rights, told the agents that he had suspected Ozuna of being a drug dealer based on his activities.

  Gerinson appears to have worked for Ozuna in the distribution of narcotics to various customers. Davis was one of Ozuna's suppliers. Millan was a customer of Ozuna's. Millan was charged with distribution and possession with intent to distribute a smaller amount of narcotics than was attributed to Ozuna and his organization.

  At the time of his arrest, Millan was serving a period of supervised release following his conviction on federal drug charges in 1997. Millan's supervising officer in Massachusetts indicated that Millan had not sought permission to travel to New York. An arrest warrant was issued by the District of the Virgin Islands on December 12, 2003, and remains active. Offender Characteristics

  The defendant, who identifies himself as Martin Millan-Felix, was reportedly born in Carolina, Puerto Rico. on August 18, 1969. Millan has fathered four or five children. Three of the children, Marilyn, age 15, Xiomary, age 14, and Natasha, age 11, live with their mother in Puerto Rico, with whom Millan reportedly maintains contact. Millan has another daughter, Andrea age eight, from a nine-year relationship with another woman who lives in Massachusetts, and with whom Millan is unable to speak regularly due to financial limitations. Millan reported having one other child, Brian, age six or seven. Millan is unsure whether he is the father of Brian, as Brian's mother was dating two other men during the relationship. Before his arrest, Millan had planned on scheduling a DNA exam to confirm paternity.

  Millan commenced marijuana use at the age of eight, alcohol consumption at the age of 11, cocaine use at the age of 14, and heroin use at the age of 18. Despite his regular drug use, Millan's probation officer was unaware of his drug addiction because Millan ingested a cocktail of vinegar and an unidentified pill prior to his scheduled meeting with the officer, which would reportedly yield negative results. Millan's education is reportedly limited to the second grade which he attended in Puerto Rico. Millan only speaks Spanish; he is unable to read or write in Spanish or English.

  Millan completed a financial statement wherein he reported no assets. He listed numerous debts, inclusive of cellular telephone service, furniture and a $10,000 loan which was borrowed on his behalf to purchase the truck he used to conduct business in Puerto Rico. A current credit report lists four individual accounts which have either been charged off, transferred or sold. A secured joint account remains active with a balance of just under $7,000. A collection in the amount of $1,991 is outstanding.

 Adjustment for Acceptance of Responsibility

  On the advice of counsel, Millan did not make a statement of responsibility. However, Millan did provide an allocution acceptable to the Court at the time of his guilty plea.

 Offense Level Computation

  The November 1, 2003 edition of the Guidelines Manual has been used in this case. The two counts are grouped, pursuant to U.S.S.G. § 5 3D1.2(b), as the counts constitute transactions connected by a common criminal objective or part of a common scheme or plan. The Guideline for a violation of 21 U.S.C. § 841(b)(1)(B) and 846 is found in § 2D1.1. Millan has stipulated with the government that his criminal activity involved the ...

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