Opinion
00 Cr. 1306 (RWS)
March 18, 2002
SENTENCING OPINION
Defendant Ramon Maria Martinez ("Martinez") pleaded guilty on August 20, 2001 to conspiring to distribute heroin in violation of 21 U.S.C. § 846. For the reasons set forth below, Martinez will be sentenced to 87 months in federal custody, to be followed by a five-year term of supervised release, subject to the sentencing hearing now set for March 18, 2002. Pursuant to 18 U.S.C. § 3013, a special assessment fee of $100 is mandatory.
The Defendant
Martinez was born on February 12, 1961 in the Dominican Republic. Raised under poor economic conditions, he was the fifth of eight children born to Manuel Dejesus Martinez, a farmer, and Emma Martinez, a housewife. Martinez completed three years of study at the Autonomous University of Santo Domingo, in the Dominican Republic and, prior to 1990, worked on a farm with his father.
Martinez left the Dominican Republic in 1990 and moved to Puerto Rico seeking better employment opportunities. From 1990 to 1993, Martinez worked for a food distribution company located in Bayamon, Puerto Rico. He married Irma Vasquez-Rivera on November 2, 1991. Although they had no children together, Martinez has four children from previous relationships. Three of the children, ages 5, 10, and 11, reside with their mother, Arcely Alcantara, in the Dominican Republic. A son, age 4, resides with his mother, Berta Paulino, in Puerto Rico.
At the time of his arrest, Martinez had been residing for approximately three months with Manuel Beltre, his co-defendant, in an apartment in the Bronx, New York. Prior to that time, Martinez resided almost exclusively in Puerto Rico, the exception being 1994 when he spent approximately to months in Yonkers, New York.
Martinez has never used any controlled substance, nor has he suffered from the effects of alcoholism.
The Offense
Martinez was arrested on December 14, 2000 following an investigation by the DEA Task Force into the potential transportation of heroin between New York and Detroit, Michigan. Based on prior investigation, the DEA set up surveillance at Martinez's apartment, which he shared with Manuel Beltre, and at the residence of co-defendant Edward Beltre. After witnessing the defendants engage in suspicious activity and drive away in a vehicle, agents later stopped and searched the car, whereupon they found a suitcase with packages of heroin inside.
Prior to entering into the written plea agreement, under which Martinez admitted to conspiracy to distribute at least 3 but less than 10 kilograms of heroin, Martinez met with the Government on two occasions and disclosed the scope of his involvement in the offense. During the course of these meetings, he admitted that he had made five trips from New York to Detroit during which he transported a total of approximately 6.5 kilograms of heroin. Martinez also acknowledged that on at least one occasion he assisted in preparing and packaging the heroin in suitcases with false bottoms, which he would then take to Detroit, and that on at least one occasion he packaged the narcotics himself.
Martinez has acknowledged that he engaged in the conspiracy for monetary gain. However, he states that he was working for a drug dealer and had no ownership interest in the drugs or the money.
The Guidelines
The Presentence Report prepared by the U.S. Probation Office assigns Martinez's offense conduct under the United States Sentencing Guidelines (the "Guidelines") at a base offense level of 34 for a conspiracy involving at least three but less than ten kilograms of heroin. See U.S.S.G. § 2D1.1 (c)(3). Pursuant to § 2D1.1(b) of the Guidelines, two levels are subtracted since Martinez meets the criteria set forth in subdivisions (1)-(5) of § 5C1.2. Another three levels are subtracted for Martinez's timely acceptance of responsibility, yielding an adjusted offense level of 29. See U.S.S.G. §§ 3E1.1(a), (b).
Martinez argues that he is entitled to an additional two-point deduction in his offense level because, as a courier, he was a minor participant in the conspiracy. See U.S.S.G. § 3B1.2 (2). However, even a mere drug courier is not automatically a minor participant. The Court of Appeals has held that "[w]hether a defendant may be accorded the, benefit of a `minor' or `minimal' role adjustment under § 3B1.2 does not turn solely upon his status or his assigned task in the criminal enterprise." United States v. Garcia, 920 F.2d 153, 155 (2d Cir. 1990). Rather, "such factors as the nature of the defendant's relationship to other participants, the importance of the defendant's actions to the success of the venture, and the defendant's awareness of the nature and scope of the criminal enterprise" must be considered. Id.
Several of the facts surrounding Martinez's participation support his claim that he was a minor participant. He did not own the drugs that were involved, and did not finance any part of the offense. Nor did he sell the drugs or play any part in negotiating the terms of sale. However, Martinez flew to Detroit on at least five separate occasions within a four-month period, transporting a substantial amount of heroin. He also admits that, on at least one occasion, he was involved in handling, preparing, and packaging the heroin for shipment. These facts demonstrate that, while Martinez may have been less culpable than his co-conspirators, he was not a minor participant under the applicable law. See Garcia, 920 F.2d at 155 (affirming denial of minor role adjustment to drug courier who received $150 for single delivery of narcotics on behalf of co-defendants he met for the first time on the delivery date).
Martinez has no prior convictions. He therefore has zero criminal history points, see U.S.S.G. § 4A1.1 (c), and is assigned a Guidelines criminal history category of I. The Guidelines range for an offender with a total offense level of 29 and a criminal history category of I is 87 to 108 months. Although 21 U.S.c. § 841(b)(1)(A) requires a statutory minimum sentence of 120 months' imprisonment, Martinez satisfies the conditions set forth in 18 U.S.C. § 3553 (f) for relief from that provision. Accordingly, Martinez will be sentenced pursuant to the Guidelines without regard to any statutory minimum sentence.
The Sentence
Martinez will be sentenced to 87 months of imprisonment. This term in custody must be followed by five years of supervised release pursuant to Guidelines § 5D1.2 (a).
Martinez is to report to the nearest Probation Office within 72 hours of his release from custody, and supervision shall be in the district of residence. As mandatory conditions of supervised release, Martinez shall (1) not commit another federal, state, or local crime; (2) not illegally possess a controlled substance; and (3) not possess a firearm or destructive devise.
The standard conditions of supervision (1-13) will apply, along with the special condition that Martinez will comply with the directives of the Immigration and Naturalization Service and the Immigration laws.
No fine will be imposed given Martinez's inability to pay. However, a special assessment fee of $100 is mandatory and is due immediately.
This sentence is subject to modification at the sentencing hearing now set for March 18, 2002.
It is so ordered.