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.
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
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 ...