United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On March 12, 2010, Jose Martes ("Martes" or the "Defendant") pled guilty without the benefit of a plea agreement to Count 1: Conspiracy to Commit a Hobbs Act Robbery (18 U.S.C. § 1951), a Class C Felony; Count 2: Conspiracy to Distribute and Possess with Intent to Distribute Narcotics (21 U.S.C. § 846), a Class A Felony; and Count 3: Discharge of a Firearm During and in Relation to a Crime of Violence (18 U.S.C. §§ 924(c) (1) (A) (iii)), a Class A Felony. For the reasons set forth below, Martes will be sentenced to a term of time served to be followed by a period of 3 years' supervised release to run concurrently on Counts 1, 2 and 3. Defendant is also required to pay a special assessment of $300.
Defendant was named in a three-count superseding felony Information S2 09 CR 1143-02 (RWS) in the Southern District of New York. Count 1 charges that from September 2004 through June 18, 2005, in the Southern District of New York and elsewhere, Defendant and others conspired to rob individuals believed to be in possession of narcotics and narcotics proceeds in Bronx, NY, in violation of 18 U.S.C. § 1951. Count 2 charges that from June 2003 through October 2009, in the Southern District of New York and elsewhere, Martes and others conspired to distribute and possess with intent to distribute 5 kilograms and more of cocaine; 50 grams and more of crack; and 1 kilogram and more of heroin, in violation of 21 U.S.C. § 841(b) (1) (A). Count 3 charges that from September 2004 through June 18, 2008, in the Southern District of New York, Martes and others used, carried and possessed a firearm, which was discharged during the robbery conspiracy charged in Count 1 in violation of 18 U.S.C. § 924(c) (1) (A) (iii).
On March 12, 2010, the Defendant appeared before the Honorable Barbara S. Jones in the Southern District of New York and pleaded guilty as charged, without the benefit of a plea agreement. Sentencing is scheduled for May 1, 2014.
The Sentencing Framework
In accordance with the Supreme Court's decision in United States v. Booker , 543 U.S. 220 (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 Guidelines:
(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 114-15.
The Court adopts the facts set forth in the Presentence Investigation Report ("PSR") with respect to Defendant's personal and family history.
The Offense Conduct
The following description draws from the PSR. The specific facts of the underlying conduct are adopted ...