The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
On September 29, 2004, defendant Abel Perez ("Perez") pleaded
guilty before the Honorable Gabriel W. Gorenstein, United States
Magistrate Judge, to the charge that he conspired to distribute
ketamine in violation of 21 U.S.C. §§ 846 and 841(a)(1) (a Class
In his plea allocution, Perez admitted that in furtherance of a
conspiracy to distribute ketamine, he drove a shipment of
approximately 1,100 vials of ketamine from California to New
Jersey in March 2003.
The Probation Office of the United States District Court for
the Southern District of New York has proposed using the November 1, 2004 edition of the United States Sentencing
Commission Guidelines Manual (the "Guidelines") for
calculation purposes. The parties have not objected to this
The applicable guideline for violations of 21 U.S.C. §§ 846 and
841(a)(1) is found in § 2D1.1. Pursuant to § 2D1.1(a)(3), the
base offense level is determined by the quantity of the
controlled substance involved in the offense. The instant offense
involved a conspiracy to distribute 60,000 units of ketamine, a
schedule III substance. Accordingly, § 2D1.1(c)(10) applies and
provides for a base offense level of 20.
Based on his allocution before the Court, Perez has shown
recognition of responsibility for the offense. Furthermore,
Perez' timely notification of his intention to plead guilty
allowed the government to allocate its resources more
efficiently. Based on these factors, the offense level is reduced
three levels. See § 3E1.1(a), (b).
Based on the foregoing, the total offense level is 17. Criminal History
Available information indicates that Perez was represented by
counsel in all matters resulting in conviction, unless otherwise
On May 15, 2003, Perez was arrested for his role in an alleged
conspiracy to import ecstasy. He was subsequently convicted by
the United States District Court for the Central District of
California (Ind. No. 03-00107) of conspiracy to import ecstacy.
Perez is scheduled to be sentenced on December 8, 2004 for that
offense, which has a stipulated sentencing range of between 70 to
Based on the above-described criminal conduct and pursuant to
§§ 4A1.1(a) and 4A1.2(e)(1) of the Guidelines, Perez has three
criminal history points, which ...