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U.S. v. ROJAS

April 8, 2004.

U.S., -against- EDGAR BATISTA ROJAS, Defendant


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

SENTENCING OPINION

On December 5, 2003, defendant Edgar Batista Rojas ("Batista Rojas") pleaded guilty to one count of Conspiracy to Distribute with Intent to Possess Cocaine, 21 U.S.C. § 846, a Class C Felony.

The Offense Conduct

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

  Batista Rojas was indicted along with eight other defendants for drug — trafficking activity involving the sale of crack and heroin. On August 27, 2003, an unidentified man telephoned co. — defendant Johnny Ozuna ("Ozuna") and indicated that he was in need of "10," which was presumed to mean ten grams of crack cocaine. Ozuna told him to go to a barbershop on West 141st Street in Manhattan and ask for Batista Rojas. At the time, Batista Rojas worked at the barbershop. When Batista Rojas called Ozuna regarding the transaction, Ozuna told him to take the money from the ten, but only to give eight to the customer. Ozuna also told Batista Rojas that the substance was cocaine.

  Batista Rojas appears to have worked for Ozuna in the distribution of narcotics to various customers. Batista Rojas was charged with distribution and possession with intent to distribute a smaller amount of narcotics than was attributed to Ozuna and his organization.

 Offender Characteristics

  Batista Rojas was born in Santo Domingo, Dominican Republic on November 30, 1965. Batista Rojas resided in Bayamon, Puerto Rico. from 1994 until early 2003, when he moved to the Bronx. The Bureau of Citizenship and Immigration Services determined that Batista Rojas became a naturalized U.S. citizen on April 25, 2002.

  Batista Rojas has three sons from a previous relationship: Miguel, age 17, David, age 15, and Irving, age 13. Batista Rojas explained that he had supported his sons prior to his arrest, but that he is unable to contact them at present, and the mother of the three boys moved subsequent to his apprehension. Since 1994, Batista Rojas has cohabited with Maria Sosa, with whom he has two children, Katie, age 6, and Justin, age* 5. Batista Rojas stated that they enjoy an excellent relationship, and that it is his intent to marry her upon his release from confinement. Ms. Sosa described Batista Rojas as an extraordinary partner and father, and stated that she will do whatever possible to assist Batista Rojas.

  Batista Rojas stated that he first began to experience depression and anxiety when Ms. Sosa and their children moved to New York. Batista Rojas indicated that he visited a public health facility in Bayamon, where he was prescribed Paxil. Though he stopped taking it upon his arrival in New York, the feelings of depression and anxiety re — surfaced when he was incarcerated. Reportedly, Paxil was prescribed again in early February 2004 at the Metropolitan Detention Center.

  Batista Rojas stated that he began to use marijuana in late 2002, and continued with that substance on an intermittent basis until his arrest on the instant offense. He indicated that he has had no involvement with any other illicit substance, or alcohol. Adjustment for Acceptance of Responsibility

  On the advice of counsel, Batista Rojas did not make a statement of responsibility. However, Batista Rojas 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 ...


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