Opinion
99 Cr. 327-02 (RWS)
June 13, 2002
SENTENCING OPINION
On March 22, 2002, Sonia Rodriguez ("Rodriguez") pled guilty to one count of conspiracy to possess and distribute cocaine in violation of 21 U.S.C. § 841 (b)(1)(A), 846, a Class A felony.
The Offense Conduct
The investigation which led to the arrests of the defendants was conducted by Special Agents of the Federal Bureau of Investigation ("FBI"), some of whom acted in an undercover ("UC") capacity and with the aid of cooperating witnesses.
On March 15, 1999, FBI Special Agents arrested an individual (the "CW") in Manhattan pursuant to an arrest warrant issued on that date by the Eastern District of Pennsylvania for conspiracy to distribute narcotics. Following the CW's arrest, the CW agreed to cooperate with law enforcement authorities and to contact Sources who the CW knew to be involved in the narcotics trade.
Between March 15 and March 19, 1999, the CW informed the FBI Special Agents that his/her main contact in the drug trade in Colombia was named "Dora," and that "Dora" was also known as "Nicole." The CW said that "Dora" was capable of supplying the CW with hundreds of kilograms of cocaine. The CW also said that a person named "Jaime" worked for "Dora," and that a person named "Antonio" worked with "Dora." The CW made clear that each of the transactions discussed below stemmed from "Dora" and/or "Antonio." "Dora" and "Antonio" arranged and/or brokered the transactions from Colombia. Additionally, the CW told the FBI that "Antonio" was the cousin of another individual involved in narcotic trafficking, known as Jennifer Lnu and subsequently identified as Sonia Rodriguez.
Following the CW's arrest on March 15, 1999, the CW made a recorded telephone call from Manhattan to Silvia M. Mira, a co-defendant in this case ("Mira"). This call was made in Spanish and monitored by a Spanish-speaking FBI agent. During this call, Mira stated that she had 10 kilograms of cocaine for sale and that she could obtain 50 more kilograms of cocaine.
Also on March 15, 1999, following this call, the CW made another recorded telephone call from Manhattan to Mira. This call was also made in Spanish and also monitored by a Spanish-speaking FBI agent. During this call, Mira confirmed for the CW the beeper number of Rodriguez. Additionally, Mira and the CW discussed "La Plata" which is a code word for cocaine.
Later, on March 15, 1999, the CW paged Rodriguez and received a telephone call from her. This call was also monitored. During this call, the CW said that he/she heard that "Antonio" had "200," meaning 200 kilograms of cocaine. Rodriguez responded that her group would not sell such a large quantity without a guarantee of payment. Following that phone call, the CW received an incoming call from Rodriguez during which Rodriguez stated that in order to sell 200 kilograms of cocaine "Antonio" would require a guarantee that payment could be made, and that such guarantee would come in the form of money or property.
On March 16, 1999, the CW received a telephone call from Mira, who agreed to meet at a certain time with the CW at a hair salon in Queens County, New York. The CW met with Mira and Rodriguez at the hair salon as planned. During this meeting, the CW, Mira and Rodriguez discussed the sale of 10 kilograms of cocaine in order to resell it to a specified customer. Eventually Mira made a phone call in the CW's presence to a person she called "Adriana" (subsequently identified as another co-defendant in this case, Adriana Galviz-Choren ("Galviz-Choren")). During this call, Mira told Galviz-Choren that her friend (meaning the CW) was on his/her way. Following that phone call; Mira told the CW to go to 24-46 83rd Street, Jackson Heights, New York, which was subsequently identified as the residence of Galviz-Choren. The CW and an FBI agent acting in an undercover capacity then proceeded together by car to Galviz-Choren's residence. They were followed by FBI Special Agents performing surveillance.
Once the CW and the UC arrived at Galviz-Choren's residence, they were directed by a person waiting there to walk up a flight of stairs and to enter the second floor. They entered the second floor and were met by Galviz-Choren. The CW told her that they were there to meet "Adriana" and Galviz-Choren responded that she had the "stuff" for them and gave them a duffel bag. The CW and the UC took the bag. Galviz-Choren then told the UC and the CW that she was ready for "something else," which was a reference to a future drug transaction. The contents of the duffel bag which Galviz-Choren provided to the CW and the UC were later tested on March 23, 1999, and found to contain 10 kilograms of cocaine.
On March 16, 1999, the CW placed a recorded telephone call to Mira, which was monitored by a Spanish-speaking FBI agent. During this call, the CW told Mira that she/he had picked "it" up. They also discussed when the CW would be "ready," which was code for when payment of the cocaine could be made.
On March 17, 1999, the CW received a telephone call from Mira during which Mira asked for payment for the 10 kilograms of cocaine referred to above. Additionally, Mira said in code that once payment for the 10 kilograms had been made, she would be willing to sell an additional 50 kilograms of cocaine.
On March 18, 1999, the CW received a telephone call from Rodriguez, which call was recorded. During this call, Rodriguez told the CW to call "Dora" and Mira. Specifically, Rodriguez said "Dora" was "worried," about payment for the 10 kilograms of cocaine described above. Later, the CW called "Dora" at a number in Colombia, which call was monitored and recorded. During this call, "Dora" asked, in code, about a payment to Rodriguez for the 10 kilograms of cocaine described above.
On March 19, 1999, the CW received an incoming call from "Dora." During this call, "Dora" put "Antonio" on the line. "Antonio" stated that he wanted the CW to make a payment for him, using, among other things, "50" from "Jennifer" (Rodriguez). The reference to "50" was a reference to using $50,000 from the sale of the 10 kilograms of cocaine described above.
On March 19, 1999, based on the above-detailed investigation, FBI Special Agents arrested Galviz-Choren. Prior to her arrest, Galviz-Choren, who had detected the surveillance surrounding her home, stared at the FBI Special Agents and their vehicles, walked quickly toward a pay phone, and began using the pay phone. Following her arrest, Galviz-Choren provided consent to search her home, and admitted to involvement in the 10-kilogram cocaine transaction described above. Mira was also arrested by the FBI Agents on March 19, 1999.
On April 2, 1999, a warrant was issued for the arrest of Rodriguez. On June 28, 2001, Rodriguez was arrested in Miami, Florida. On July 20, 2001, Rodriguez appeared at a bail hearing in the Southern District of New York, and was detained.
Adjustment for Obstruction of Justice
There is no information to suggest that Rodriguez impeded or obstructed justice at the time of her arrest.
Adjustment for Acceptance of Responsibility
Based on her admission of guilt during her plea allocution, Rodriguez appears to have accepted responsibility for her actions.
The Guidelines
Offense Level
Under the November 2001 United States Sentencing Commission Guidelines Manual, the guideline for violation of 21 U.S.C. § 841 (b)(1)(A) and 846 is found in § 2D1.1. Rodriguez's criminal activity was conspiracy to possess and distribute cocaine. The offense level specified in the Drug Quantity Table under § 2D.1.1(c)(4) sets a base offense level of 32.
Rodriguez appears to meet the criteria set forth in subdivisions (1)-(5) of § 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). Therefore, a two-level decrease in the offense level is deemed applicable and results in an offense level of 30.
As Rodriguez appears to have been a minor participant in the offense, pursuant to § 3B1.2 (b), the offense is reduced two levels to 28.
Due to Rodriguez's timely notification of her intention to plead guilty, and because the aforementioned base offense level of 16 or greater, she qualifies for a 3-level reduction pursuant to § 3E1.1 (a). The offense is reduced three levels to 25.
Adjusted Offense Level
Rodriguez's adjusted offense level is 25 under the Guidelines.
Criminal History Category
Rodriguez has no known criminal convictions. Therefore, she has zero criminal history points and a Criminal History Category of I.
Applicable Guidelines Range
The minimum term of imprisonment is ten years, pursuant to 21 U.S.C. § 841 (b)(1)(A), 846. Pursuant to the provisions of 18 U.S.C. § 3553 (f), Rodriguez appears to meet the criteria set for imposition of a sentence in accordance with the applicable guidelines, without regard to any statutory minimum sentence. The Guidelines range for an offender with a base offense level of 25 and a Criminal History Category of I is 57 to 71 months pursuant to § 5C1.2.
Supervised Release
A term of at least five years supervised release is required when a sentence of imprisonment is imposed pursuant to 21 U.S.C. § 841(b)(1)(A) Pursuant to § 5C1.2, however, the term shall not be for more than five years. The guidelines range for a term of supervised release is at least three years but not more than five years or the minimum required by statute, whichever is greater.
The Sentence
In light of the foregoing, Rodriguez shall be sentenced to 57 months in prison, to be followed by five years of supervised release. Rodriguez will also pay a mandatory special assessment of $100, pursuant to 18 U.S.C. § 3013.
The following conditions of supervised release are mandatory: Rodriguez shall not (I) commit another federal, state or local crime; (2) illegally possess a controlled substance; (3) possess a firearm or destructive device; or (4) engage in unlawful use of a controlled substance. Rodriguez shall submit to one drug testing within fifteen (15) days of placement on probation or supervised release and at least two unscheduled drug tests thereafter, as directed by the probation officer.
Rodriguez will be subjected to the standard conditions of supervision (1-13). In addition, Rodriguez will participate in a mental health program approved by the U.S. Probation Office. Rodriguez shall continue to take any prescribed medications unless otherwise instructed by a health care provider. The defendant shall contribute to the costs of services rendered not covered by third-party payment, if the defendant has the ability to pay. The Court authorizes the release of available psychological and psychiatric evaluations and reports to the health care provider. Rodriguez shall comply with the directives of the Immigration and Naturalization Service and the Immigration laws. Rodriguez is to report to the nearest Probation Office within 72 hours of release from custody and is to be supervised by the district of residence. She is to pay the United States a special assessment of $100, due immediately.