Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Colon-Torrez

United States District Court, S.D. New York

December 12, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
NELSON GUSTAVO COLON-TORREZ, Defendant.

SENTENCING OPINION

ROBERT W. SWEET, District Judge.

On March 3, 2014, Nelson Gustavo Colon-Torrez ("Colon-Torrez" or "Defendant") pled guilty to conspiracy to import marijuana into the United States, possession of a firearm during and in relation to a drug trafficking offense, conspiracy to commit money laundering, conspiracy to import cocaine into the United States, and conspiracy to possess with intent to distribute cocaine.

For the reasons set forth below, Colon-Torrez will be sentenced to 270 months' imprisonment followed by five years' supervised release, subject to the scheduled sentencing hearing on December 15, 2014. Defendant is also required to pay a special assessment of $500.

Prior Proceedings

Defendant was named in a five-count indictment (the "Indictment") filed in the Southern District of New York. The first count of the Indictment charges that from in or about 1996 to 2000, in the Southern District of New York and elsewhere, Colon-Torrez, a/k/a "Nelson Colon, " and others known and unknown conspired to import 1, 000 kilograms of marijuana into the United States in violation of 21 U.S.C. § 960(b)(1)(G) ("Count 1").

The second count of the Indictment charges that from 1996 to 2000, in the District of Puerto Rico, Colon-Torrez, during and in relation to a drug trafficking crime, possessed a nine millimeter Smith & Wesson handgun ("Count 2").

The third count of the Indictment charges that from 2010 to 2011, in the District of Puerto Rico, Colon-Torrez and others known and unknown conspired to launder the proceeds of narcotics trafficking, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and 1956(a)(1)(B)(i) ("Count 3").

The fourth count of the Indictment charges that in 2011, in the District of Puerto Rico, Colon-Torrez and others known and unknown conspired to import 5 kilograms and more of cocaine into the United States in violation of 21 U.S.C. § 960(b)(1)(B) ("Count 4").

The fifth count of the Indictment charges that from 2011 to 2012, in the Southern District of New York and elsewhere, Colon-Torrez and others known and unknown conspired to distribute and possess with intent to distribute five kilograms and more of cocaine in violation of 21 U.S.C. § 841(b)(1)(A).

A forfeiture allegation contained in the Indictment states that as a result of committing the offenses charged in Counts 1, 3, 4 and 5, Colon-Torrez shall forfeit to the United States any property constituting proceeds from the offenses.

Defendant is scheduled to be sentenced on December 15, 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. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.