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