United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On May 23, 2013, Eduardo Andino ("Andino" or "Defendant") pled guilty and allocuted to conspiring to distribute and possess with intent to distribute cocaine and marijuana as well as illegal possession of a firearm.
For the reasons set forth below, Andino will be sentenced to five years' imprisonment followed by five years' supervised release, subject to the scheduled sentencing hearing on February 13, 2015. Defendant is also required to pay a special assessment of $500.
Defendant was named in a five-count felony information (the "Indictment") filed in the Southern District of New York. The first count of the Indictment charges that from about February 2011, up to and including August 2012, in the Southern District of New York and elsewhere, Andino, a/k/a "Eduardo Andino-Rosado, " and others, conspired to distribute and possess with intent to distribute 5 kilograms and more of cocaine, in violation of 21 U.S.C. § 841(b)(1)(A) ("Count 1").
The second count of the Indictment charges that on August 1, 2012, in the District of New Jersey, Andino distributed and possessed with the intent to distribute 5 kilograms and more of cocaine, in violation of 21 U.S.C. §§ 841 (a) (1) and (b) (1)A) ("Count 2").
The third count of the Indictment charges that from 2008, up to and including 2010, in the District of Puerto Rico and elsewhere, Andino and others conspired to distribute and possess with the intent to distribute 100 kilograms and more of marijuana, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(B) ("Count 3").
The fourth count of the Indictment charges that in 2011, in the District of Puerto Rico, Andino, after having previously been convicted in a court of a crime punishable by imprisonment for a term exceeding one year, did possess.40 caliber Glock, which previously has been shipped and transported in interstate and foreign commerce ("Count 4"). The fifth count of the Indictment charges that in March 2012, in the District of Puerto Rico, Andino after having been previously convicted in a court of a crime punishable by imprisonment for a term exceeding one year, possessed a Smith & Wesson pistol, which previously had been shipped and transported in interstate and foreign commerce ("Count 5").
As a result of committing the offenses charged in Counts 1, 2, and 3, Andino shall forfeit to the United States, pursuant to 21 U.S.C. § 853, any and all property constituting proceeds obtained directly or indirectly from the offenses and any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the offenses. Defendant admits the forfeiture allegation with respect to Counts 1 through 3.
Defendant agrees to waive venue with respect to Counts 2 through 4 and is scheduled to be sentenced on February 13, 2015.
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 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 ...