United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On March 12, 2015, Ricardo Javier Martino-Serrano ("Martino-Serrano" or "Defendant") pled guilty to conspiring to distribute and possess with intent to distribute 5 kilograms and more of cocaine.
For the reasons set forth below, Martino-Serrano will be sentenced to 262 months' imprisonment followed by five years' supervised release, subject to the scheduled sentencing hearing on March 31, 2015. Defendant is also required to pay a special assessment of $100.
Defendant was named in a one-count superseding indictment (the "Indictment") filed in the Southern District of New York. The first and only count of the Indictment charges that from about 2011 through November 2012, in the Southern District of New York and elsewhere, Martino-Serrano, 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 forfeiture allegation indicates that, as a result of committing the controlled substance offenses charged in Count 1, Martino-Serrano shall forfeit to the United States, pursuant to 21 U.S.C. § 853, any property constituting proceeds from the offense.
On March 12, 2014, Martino-Serrano allocuted to his criminal conduct as charged before the Honorable James C. Francis. In accordance with a Pimentel letter, the position of the United States Attorney's Office is as follows:
(1) The Guidelines provisions in effect as of November 1, 2013, apply in this case.
(2) The applicable guideline for Count 1 is U.S.S.G. § 2D1.1.
(3) The base offense level is 38, pursuant to U.S.S.G. §§ 2D1. 1 (a) (5) and (c) (1), because the offense involved more than 150 kilograms of cocaine.
(4) Defendant is a "Career Offender" pursuant to U.S.S.G. § 4B1.1(a); therefore, the offense level remains 38 because the maximum penalty is life.
(5) Assuming Defendant, in a timely manner, clearly demonstrates acceptance of responsibility, through his allocution and subsequent conduct prior to the imposition of sentence, a three-level reduction will be warranted, pursuant to U.S.S.G. §§ 3E1.1(a) and (b).
(6) In accordance with the above, the applicable Guidelines offense level is 35.
(7) Based upon the information available to the Government (including representations by the defense), Defendant has eleven criminal history points. As Defendant is a Career Offender pursuant to U.S.S.G. § 4B1.1, the Criminal History Category is VI.
(8) Based upon the calculations set forth above, Defendant's Guideline range is 292 to 365 months' imprisonment. The applicable fine range is $20, 000 to $10, 000, 000.
Defendant is scheduled to be sentenced on March 23, 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 ...