Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S v. SANTANA

May 3, 2004.

UNITED STATES OF AMERICA, -against- ANTONIO SANTANA, Defendant


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

SENTENCING OPINION

Defendant Antonio Santana ("Santana") pled guilty on September 22, 2003 to one count of Conspiracy to Distribute and Possess with Intent to Distribute Cocaine and Heroine, in violation of 21 U.S.C. § 846, and two counts of Distribution and Possession with Intent to Distribute Cocaine, in violation of 21 U.S.C. § 812, 841(a)(1) and 841(b)(1)(A). In November 2002, Santana, along with his co-defendant Miguel Ortiz ("Ortiz"), also known as "Miami," distributed and possessed with intent to distribute approximately ten kilograms of cocaine and approximately two kilograms of heroin. Santana will be sentenced to 121 months' imprisonment to be followed by five years of supervised release on each count, all counts to run concurrently. A special assessment fee of $300 is mandatory and is due immediately. Background

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

 The Defendant

  Antonio Rafael Santana was born on September 3, 1966 in Santiago, Dominican Republic, to Nereida Beato and Jose Santana. A prior Presentence Investigation Report indicated that Santana was born in Bayamon, Puerto Rico.

  Santana stated that his father and four paternal half — siblings live in the New York City area. His mother lives in the Dominican Republic as do his four surviving maternal half — siblings.

  According to Santana, he was raised in poor economic conditions in the Dominican Republic until the age of 13, when he moved to New York to live with his father. He reported that he entered the United States in 1979 and that he has permanent resident status in this country. According to the Department of Homeland Security — Bureau of Immigration and Customs Enforcement ("BICE"), Santana entered the United States on April 9, 1983 and has permanent resident status. BICE has also indicated that if Santana is convicted of a felony offense he may be subject to removal proceedings.

  Santana reported that he has never been married, but has been involved in a consensual relationship with Grace Valerio for five years. Santana's only child was born from this relationship and currently resides with her mother.

  According to Santana, he obtained a 12th grade education at Brandeis High School in Manhattan, but did not graduate. Santana advised that he received his GED in 1993 while incarcerat — ed, but the New York State Education Department does not have any record of his diploma in its database.

  In 1989 Santana was convicted of driving while ability-impaired as the result of alcohol and given a conditional discharge with a license suspension for 90 days.

  In October of 1990 Santana was arrested and subsequently convicted of attempted criminal sale of a controlled substance in the third degree and attempted conspiracy in the first degree. He was sentenced in January of 1992 to two concurrent terms of 54 months to life and one to three years' custody. According to the New York City presentence report dated January of 1992, Santana, in concert with fifteen other individuals jointly indicted, made telephone calls between February and September of 1990 to several undercover police officers informing them of a sale of cocaine. On several occasions, Santana sold cocaine to undercover police officers.

  Santana was released to the New York State Division of Parole Supervision on April 11, 1995, for a life term. However, Santana was discharged from parole supervision at Board direction on October 7, 1999.

  Santana stated that from 1996 until 2002 he was employed as a waiter in Manhattan, earning $12 per hour. Prior to that time, Santana reported being employed at a Manhattan hotel, where he earned $10 per hour, and at Columbia University, where he earned $16 per hour as a waiter.

  According to Santana's written financial statement, he has a net worth of approximately $500. An Equifax credit report generated on November 21, 2003 indicates that he has three credit cards with outstanding ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.