The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
Defendant Fernando Restrepo ("Restrepo") pled guilty on January 26,
2004 to one count of Failure to Appear to Court for Trial in violation of
18 U.S.C. § 3146(a)(1) and (b)(1)(A)(i). Restrepo, having been
released on bail for an offense punishable by imprisonment for a term of
fifteen years or more, failed to appear for trial scheduled for September
19, 1994. Restrepo will be sentenced to 12 months and one day of
imprisonment, to be followed by three years of supervised release. A
special assessment fee of $100 is mandatory.
Restrepo's full name is Fernando Restrepo Trejos. He was born in
Riosueio, Colombia on May 31, 1952 from the union of Gonzalo Restrepo and
Leonor Trejos, and was raised in a small town in Colombia where his
father was employed as a factory worker for a thread manufacturer and his mother was a housewife. Restrepo has
five siblings, two of whom reside in Tampa, Florida and the rest of whom
reside in Colombia.
From 1970 to 1972 Restrepo attended Collegio Rafael Uribe, a high
school located in Uribe, Colombia. He reports that he graduated and
received the U.S. equivalent of a high school diploma.
In approximately 1972, Restrepo immigrated to New York and was
processed as a legal resident. He initially resided in Corona, Queens,
New York with two of his brothers. In 1976 he met Andrea Mitchell through
a mutual acquaintance, and they were married in New York in 1976. In 1977
they separated, and they were divorced in 1980. Their marriage did not
result in the birth of any children.
In 1981, while in Colombia, Restrepo began dating Marta Serna, whom he
subsequently married on January 30, 1982. Their marriage resulted in the
birth of three children, currently ages 21, 18 and 16. Restrepo's wife
and children reside in Tampa, Florida, where his wife is employed as a
housekeeper in a local hotel.
From 1973 to 1977 Restrepo was employed as a driver for Sunrise
Fashion, located in Union City, New Jersey. From 1977 to 1980 he was employed as a driver with the Midland Cab Corporation
located in Long Island City, New York. From 1990 to 1994 he was employed
as a manager and driver for Rockies Restaurant, located in the College
Point area of Queens, New York. During prior inter views in 1993,
Restrepo indicated that from November 1991 to April 1992 he was employed
as a driver at Able Messenger Service, located in Long Island City, New
York. From 1995 to 2003 Restrepo reports that he was employed as a
carpenter at Molduras Pereira, a furniture maker. He discontinued this
employment when he returned to the United States. Restrepo reports no
assets and no liabilities.
Restrepo reports that he underwent an open heart bi
pass operation in 2002. Since 1985, Restrepo states that he has received
treatment for asthma. He is currently prescribed inhaler medication by
the physicians of the Bureau of Prisons. He states that he has never used
illicit drugs and does not drink alcoholic beverages.
On January 5, 1994, Restrepo and others were arrested by agents of the
Drug Enforcement Administration in connection with an investigation
related to a narcotics conspiracy. On January 10, 1994, Restrepo was
released on a $150,000 personal recognizance bond, secured by $5,000, on condition of strict Pretrial Services
Agency supervision and the surrender of his passport.
On May 24, 1994, a one count indictment charged Restrepo and
others with conspiracy with possession and intent to distribute more than
5 kilograms of cocaine, in violation of 21 U.S.C. § 812, 841(a)(1),
841(b)(1)(A), and 846. At his arraignment on June 2, 1994, Restrepo pled
not guilty to the indictment.
On September 7, 1994, a pretrial conference regarding Restrepo was held
in the United States District Court, but Restrepo was not present.
Restrepo was due to appear for trial on September 19, 1994, but
On September 20, 2003, Restrepo was arrested by the United States
Marshals Service as he was crossing the Canadian border to enter the
United States. Restrepo waived Rule 40 proceedings on September 23, 2003,
and was ...