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December 8, 2005.


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


Defendant Luis Valentin ("Valentin") has pleaded guilty to possession of a controlled substance in violation of 21 U.S.C. § 844, a Class A Misdemeanor. For the reasons set forth below, Valentin is sentenced to five months imprisonment and a term of one year of supervised release. In addition, Valentin shall be required to pay a fine of $1000.

Prior Proceedings

  Valentin was arrested by authorities on June 21, 2004. On that same date he was released on a $100,000 personal recognizance bond. On March 29, 2005, an information was filed in the Southern District of New York charging Valentin with possession approximately three grams of crack cocaine in the vicinity of East 174th Street and Hoe Avenue in the Bronx on June 16, 2003, a violation of 21 U.S.C. § 844. On March 29, 2005, Valentin appeared before the Honorable Gabriel W. Gorenstein in the Southern District of New York and allocuted to the above charge without the benefit of a plea agreement. Valentin is scheduled to be sentenced on December 8, 2005.

  The Sentencing Framework

  In accordance with the Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005) and the Second Circuit's decision in United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), the sentence to be imposed was reached through consideration of all of the factors identified in 18 U.S.C. § 3553(a), including the advisory Sentencing Guidelines (the "Guidelines") establishing by the United States Sentencing Commission. Thus, the sentence to be imposed here is the result of a consideration of:
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed —
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for —
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines . . .;
(5) any pertinent policy statement . . . [issued by the Sentencing Commission];
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.
18 U.S.C. § 3553 (a). A sentencing judge is permitted to find all the facts appropriate for determining a sentence, whether that sentence is a so-called Guidelines sentence or not. See Crosby, 397 F.3d at 111.

  The Defendant

  Valentin was reportedly born on December 18, 1981, in Ponce, Puerto Rico. The defendant reportedly moved from Puerto Rico to New York at age four, with his parents. His parents terminated their relationship when Valentin was approximately eight years old. Valentin remained in his mother's household and had regular contact with his father. The defendant described his childhood as good. He enjoyed attending school and playing the trumpet and drums.

  Valentin has never been married. He had been in a consensual relationship with Shamina Bermudez from 2002 until May 2005. He indicated that they were having communication problems. This relationship produced one child. Kimberly Valentin, age 2, resides with her mother. Bermudez is reportedly not allowing the defendant visitation with his daughter. Bermudez described her relationship with Valentin as emotionally and physically abusive. She indicated that she and the defendant have had relationship problems since 2004, and that she has an active order of protection against him at this time. It was reportedly issued in August 2004.

  The defendant reportedly lives in the Bronx with his mother and siblings. The defendant has always lived with his family.

  Valentin indicated that he had problems controlling his temper as a child. He usually ended up throwing items in the home. He recalled that this concerned his mother. The defendant said that after getting angry, he told his mother that he was having suicidal thoughts, and his mother had him committed at Four Winds Westchester, a mental-health facility located at 800 Cross River Road in Katonah, NY. Valentin reportedly remained in the facility for one month and was treated with psychotropic medication. He returned to his mother's home with prescription medication, but his mother reportedly had him stop taking the medication as it made him lethargic and she was afraid for him to be in the street in that condition. The defendant stated that after his release from Four Winds and after he stopped taking the medication, he no longer felt as angry.

  Valentin stated that he has been using marijuana since the age of 14. He reportedly first tried it with some friends and used it about twice a week, but after about a year his use increased to daily. The defendant admitted that he continues to smoke it; he reportedly last smoked it on May 9, 2005. A urinalysis taken on May 10, 2005, showed positive results for marijuana. The defendant indicated that he feels that his marijuana use has never caused him problems and that he can stop at any time. He has never attended a drug treatment program. Valentin reportedly does not drink alcohol and has not used any other illicit substance.

  Valentin completed the 9th grade at Morris High School located at 1100 Boston Road in the Bronx. The school verified that he attended from September 4, 1996 through June 1, 1998. His cumulative average while attending this school was 23.5 percent. The defendant was reportedly scheduled to attend a GED and job-ready program at Fordham University beginning in September 2005. Valentin is currently unemployed and is reportedly supported by his mother. The defendant worked in construction at his father's company, Todino Construction, located in the Bronx from 2002 until May 2005, when the business closed. Valentin stated that he worked about 50 hours a week and earned $1,500 a week. This employment was off-the-books.

  Valentin reported that he worked at Ferrera Bakery located at 213 Grand Street from September 11, 2003, until February 14, 2004. He worked customer service and earned $300 a ...

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