United States District Court, S.D. New York
W. SWEET U.S.D.J.
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.
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
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).
is scheduled to be sentenced on February 22, 2017.
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
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the
(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 ...