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United States v. Rivera

United States District Court, S.D. New York

February 16, 2017

UNITED STATES OF AMERICA
v.
JOSE RIVERA, Defendant.

          SENTENCING OPINION

          ROBERT W. SWEET U.S.D.J.

         On October 17, 2016, Jose Rivera ("Defendant" or "Rivera") pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine. Based on the conclusions set forth below, ' Rivera will be sentenced to 366 days in the Location Monitoring Program, also known as the Home Confinement Program, followed by three (3) years' supervised release, subject to the scheduled sentencing hearing on February 22, 2017.

         Prior Proceedings

         Rivera is named in a one-count information filed in the Southern District of New York on January 20, 2016. Count One charged that in or about December 2015, in the Southern District of New York and elsewhere, Rivera and his codefendant Luis Mejia conspired with others known and unknown to distribute and possess with the intent to distribute five kilograms and more of mixtures and substances containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A).

         On October 17, 2016, Rivera appeared before the Honorable Henry B. Pitman and allocuted to the lesser included offense of conspiracy to distribute and possess with the intent to distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C).

         Rivera is scheduled to be sentenced on February 22, 2017.

         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 forth in ...

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