The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
On May 21, 2003, the defendant Steven Manuel Torres ("Torres") pleaded
guilty to one count of Conspiracy to Illegally Engage in Dealing Firearms
in violation of 18 U.S.C. § 371, a Class D felony, and one count of
Illegal Sale of Firearms, in violation of 18 U.S.C. § 922(a)(1)(A) and
(2), also a Class D felony.
This statement of facts draws on the Presentence Investigation Report
prepared by the U.S. Probation Office.
This investigation was conducted by the NYPD and ATF agents. On January
25, 2002, and January 26, 2002, NYPD officers and ATF agents arranged for
the purchase of, and payment for, two sawed-off shotguns from Torres and
Antonio Ortiz-Zayas ("Ortiz-Zayas"), by a confidential informant (the
"CI") and an undercover police officer (the "C"). On January 25, 2002, the CI, working at the direction of ATF agents,
met with Torres and Ortiz-Zayas at Longfellow Avenue in the Bronx, New
York, to discuss the possible purchase of shotguns from Ortiz-Zayas. At
approximately 7:45 P.M., Torres arrived at the location with Ortiz-Zayas
and entered the CI's vehicle carrying a plastic bag which contained two
As Torres and Ortiz-Zayas were showing the CI these shotguns, a NYPD
cruiser drove past. Seeing the police car, Torres and Ortiz-Zayas quickly
got out of the CI's vehicle, leaving the shotguns behind. Shortly
thereafter, Torres spoke with the CI on his cellphone and instructed the
CI to keep the shotguns and pay for them the following day.
On January 26, 2002, at approximately 1:30 P.M., the CI and the UC,
acting as the purchasers of the two shotguns, arranged to meet Torres and
Ortiz-Zayas in the vicinity of East Tremont and Devoe Avenues in the
Bronx to pay for the two shotguns. The CI introduced the UC to Torres and
Ortiz-Zayas as the sources of the two shotguns. The UC discussed payment
for the shotguns with both Torres and Ortiz-Zayas. Torres told the UC the
price of the shotguns, and Ortiz-Zayas accepted $1,200 as payment for the
Based on information from law enforcement agents, it was determined
that the shotguns purchased by the UC from Torres and Ortiz-Zayas were not and have never been manufactured in New York
State. ATF laboratory reports revealed the following about the shotguns
a. The first shotgun was a New England Firearms 410
gauge single shot, with serial number NB342878;
b. The second shotgun was a J.G. Higgins 12 gauge
shotgun, Model 583.1.
Additionally, three rounds of Remington 12 gauge shotgun shells were
seized. A check of the ATF firearm licensee database revealed that Torres
and Ortiz-Zayas are not licensed importers, manufacturers, dealers or
collectors of firearms or ammunition.
Further investigation revealed that guns manufactured before 1968 were
not required to have serial numbers. As such, the J.G. Higgins 12-gauge
shotgun seized from the defendant, was manufactured prior to 1968, and
did not have a serial number.
Torres was arrested and remanded on April 23, 2003.
Torres was born in the Bronx in 1978. Torres completed the ninth grade,
but elected not to continue his high school education so that he could
support his first child, Steven Manual Torres, who is now seven years of
age. Torres has been gainfully employed since that time. In 2001, Torres married another woman,
but is currently separated.
Torres reports that he began using marijuana at age 15 and cocaine at
22, but has not received drug treatment. Torres reports that he has not
used drugs since his arrest in April 2003.
Torres reports that he has been employed as a delivery person at a
beverage company in the Bronx. Also, from June 1996, Torres has been
employed part-time at Skate Key in the Bronx. Torres' ...