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