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U.S. v. PEREZ

December 6, 2004.

UNITED STATES OF AMERICA,
v.
ABEL PEREZ, Defendant.



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

SENTENCING OPINION

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 D felony).

The Offense Conduct

  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 Guidelines

  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 proposal.

  Offense Level

  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 indicated.

  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 87 months.

  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 ...


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