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U.S. v. RESTREPO

April 21, 2004.

UNITED STATES OF AMERICA, -against- FERNANDO RESTREPO, Defendant


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

SENTENCING OPINION

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.

The Defendant

  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.

 The Offense

  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 absconded.

  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 ...


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