The opinion of the court was delivered by: Sweet, D.J.
On September 15, 2005, defendant Ting Ngai Ng ("Ng") pled guilty to one count of conspiring in violation of 21 U.S.C. § 846 to distribute and possess with intent to distribute MDMA (commonly referred to as "Ecstasy") in violation of 21 U.S.C. §§ 812, 841(a) (1), and 841(b) (1)(C), a Class C felony. For the reasons set forth below, Ng will be sentenced to a term of imprisonment of ten months, to be followed by a three-year term of Supervised release. Ng will also be required to pay a mandatory special assessment of $100.
On March 23, 2004, a seven-count superseding indictment was filed alleging that Ng and other co-defendants engaged in various offenses relating to the distribution of Ecstacy. Ng was arrested on March 31, 2004, and was released on bail on April 6, 2004, with a condition of home confinement with electronic monitoring.*fn1 On July 6, 2004, a second supers ding indictment was filed with respect to Ng and the other co-defendants.
On September 15, 2005, Ng appeared before this Court and pled guilty to the charged criminal conduct. He is scheduled to be sentenced on November 17, 2006.
In accordance with the Supreme Court' decision in United States v. Booker, 125 S.Ct. 738 (2005) and t e Second Circuit's decision in United States v. Crosby, 397 F.3d C3 (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") established by the United States Sentencing Commission. Thus, the sentence to be imposed here is the result of a consideration of: the nature and circumstances of the Offense and the history and characteristics of the defendant; 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; to afford adequate deterrence to criminal conduct; to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; the kinds of sentences available; 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 ...; any pertinent policy statement ... [issued by the Sentencing Commission]; the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and, the need to provide restitution to any victims of the offense.
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 following description draws on the Pre-Sentence Investigation Report prepared by the Probation Office of the United States District Court for the Southern District of New York on May 12, 2006, and revised on October 30, 2006 ("the PSI"). Additional facts regarding Ng's history and characteristics are adopted as set forth in that report.
Ting Ngai Ng was born in Hong Kong in September 1966. He came to the United States legally in 1981, and is a permanent resident. Ng's parents and five siblings also live in the United States. Ng has never been married, but may have a young son, approximately four years of age. Although Ng attended high school, he did not complete the eleventh grade. Ng has supported himself and contributed to his parents' household, in which he currently resides, by working in various Chinese and Japanese restaurants in the New York City area.
Ng reports that his drug use and involvement in the instant offense is an aberration which commenced during a brief period of personal difficulty in his life.
The specific facts of the underlying conduct are adopted as set ...