Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Rechiez-Santana

United States District Court, S.D. New York

April 18, 2017

UNITED STATES OF AMERICA
v.
VENTURA RECHIEZ-SANTANA, Defendant.

          SENTENCING OPINION

          Robert W. Sweet, U.S.D.J.

         On December 23, 2016, Ventura Rechiez-Santana ("Rechiez-Santana" or the "Defendant") allocuted to one count of intentional possession of cocaine in violation of 21 U.S.C. § 844(a).

         For the reasons set forth below, Rechiez-Santana will be sentenced to time served followed by one year supervised release, subject to the scheduled sentencing hearing on April 24, 2017. The Defendant is also required to pay a special assessment of $25.

         Prior Proceedings

         On March 2, 1987, Rechiez-Santana was named in a two-count indictment (the "'87 Indictment") filed in the Southern District of New York that charged the Defendant, and others, with one count of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute one kilogram of cocaine, in violation of 21 U.S.C. § 841(b)(1)(B). On March 2, 1987, the Defendant failed to appear at trial and a bench warrant was issued for his arrest.

         On September 4, 2016, Rechiez-Santana was arrested in the Southern District of Texas and charged with illegal entry in violation of 18 U.S.C. § 1325(a)(1). The Defendant pled guilty that same day and, after ten days' imprisonment, was transferred to the Southern District of New York for the 1987 warrant.

         On December 23, 2016, the Defendant was named in a one-count superseding information (the "Information") filed in the Southern District of New York. Count One charged Rechiez-Santana with one count of intentional possession of cocaine in violation of 21 U.S.C. § 844. That same day, the Defendant appeared before this Court and pled guilty to the Information's one count. Rechiez-Santana is scheduled to be sentence on April 24, 2017 and is currently the subject of removal proceedings.

         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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.