United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, United States District Judge
25, 2016, the defendant, Orlando Perez Beltran, pleaded
guilty to one count of Importation of Heroin in violation of
21 U.S.C. § 952(a) and 21 U.S.C. § 960(a)(1). The
Court now sentences the defendant and provides a complete
statement of reasons pursuant to 18 U.S.C. § 3553(c)(2)
of those factors set forth by Congress and the President and
contained in 18 U.S.C. § 3553(a). For the reasons
discussed below, the defendant is hereby sentenced to 30
months of incarceration, 3 years of supervised release, and a
$100.00 special assessment.
February 25, 2016, the United States filed a Complaint
against Orlando Perez Beltran ("Defendant")
alleging he had unlawfully imported heroin, a Schedule II
controlled substance, into the United States. Compl. at 1,
ECF No. 1. The subsequent Indictment, filed on March 10,
2016, charged Defendant with two counts: (1) Importation of
Heroin, in violation of 21 U.S.C. § 952(a) and 21 U.S.C.
§ 960(a)(1); and (2) Possession of Heroin with Intent to
Distribute, in violation of 21 U.S.C. § 841(a)(1) and 21
U.S.C. § 841(b)(1)(C). Indictment at 1-2, ECF No. 5. On
July 25, 2016, Defendant pleaded guilty to Count One of the
Indictment pursuant to a Plea Agreement. See Plea
Agreement, ECF No. 15.
Court hereby sentences Defendant and sets forth its reasons
for Defendant's sentence using the rubric of the 18
U.S.C. § 3553(a) factors pursuant to 18 U.S.C. §
U.S.C. § 3553 outlines the procedures for imposing a
sentence in a criminal case. If and when a district court
chooses to impose a sentence outside of the Sentencing
Guidelines range, the court "shall state in open court
the reasons for its imposition of the particular sentence,
and ... the specific reason for the imposition of a sentence
different from that described" in the Guidelines. 18
U.S.C. § 3553(c)(2). The court must also "state
with specificity" its reasons for so departing "in
a statement of reasons form." Id.
sentencing court's written statement of reasons shall be
a simple, fact-specific statement explaining why the
guidelines range did not account for a specific factor or
factors under § 3553(a)." United States v.
Davis, 08-CR-332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar.
29, 2010) (Weinstein, J.). Section 3553(a) provides a set of
seven factors for the Court to consider in determining what
sentence to impose on a criminal defendant. The Court
addresses each in turn.
Factor One: The Nature and Circumstances of the Offense and
the History and Characteristics of the Defendant
first § 3553(a) factor requires the Court to evaluate
"the nature and circumstances of the offense and the
history and characteristics of the defendant." 18 U.S.C.
was born in Santurce, Puerto Rico, on February 20, 1993, to
Orlando Perez Osorio and Ana Eileen Beltran Lopez.
Presentence Investigation Report ("PSR") ¶ 28,
ECF No. 16. Defendant's father is an engineer and his
mother is a receptionist, and they provided Defendant with a
"normal and happy upbringing, " albeit under
"modest economic circumstances." Id.
¶¶ 28-29. Defendant is very close with his parents,
as well as with his elder sister, who is a graduate student
and a secretary. Id. ¶¶ 29-30. Defendant
still resides at his family home in Luquillo, Puerto Rico,
with his parents and sister. Id. ¶ 31. He has
completed approximately two-and-a-half years of courses
toward a degree in criminal justice at Inter American
University of Puerto Rico, id. ¶ 39, and is
also employed as a server at a hotel in San Juan,
id. ¶ 42.
February 24, 2016, Defendant arrived at John F. Kennedy
International Airport ("JFK") in Queens, New York,
on a flight from Santo Domingo, Dominican Republic.
Id. ¶ 3. He was stopped by U.S. Customs and
Border Protection ("CBP") officers, who found 910.5
grams of heroin hidden within three pairs of sneakers
Defendant had in his luggage. Id. ¶ 3-4.
Defendant was then arrested by U.S. Homeland Security
Investigation ("HSI") agents and waived his
Miranda rights. Id. ¶ 4. Defendant
told the HSI agents that he had met someone named
"Ange" at a bar in Puerto Rico who had told him he
could "make some money by importing drugs into the
United States." Id. Shortly thereafter,
Defendant was contacted by unknown individuals who provided
him with a confirmation number for an airline ticket to the
Dominican Republic. Id. He was met in Santo Domingo
by a driver who took him to a hotel, where Defendant stayed
for two nights. Id. ¶ 5. On the third day,
Defendant was met at the hotel by unknown individuals who
provided him with the ...