United States v. Santana

1:09-cr-10315 | D. Mass. | Jul 25, 2011

e§AC> 245B(05-MA) (Re'i. 06/0$) Judgment in a Cn`minal Case Sheet l - D. Massa.chusetts ' 10/05 UNITED STATES DISTRICT COURT District of Massachusetts uNiTED sums op AMERICA JUDGMENT IN A ciuMINAL cAsE v. SARA VEGA case Number= 1= 09 ca 10315 - 007 - NG USM Nurnber: 27433-038 Stylianus Sinnis, Esquire Defenda t's An.ome n y Additiona| documents attached Transcript of Sentencing Hearing l:| THE DEFENDANT: pleaded guilty to count(s) 1 & 2 pleaded nolo contendere lo count(s) which was accepted by the court. |:| was found guilty on coun't(s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Additional Counts - See continuation page m Tifl¢ on ._=i_tL__el_iLN re of 0ff e Qgcim_l‘la¢d §wa 21 USC § 346 Conspiracy to Possess with Intent to Distribute and Distribute Cocaine 10/09/09 1 21 USC § 341 (3) (1) Possession of Five Kilograms or More Cocaine with Intent to Distribute 10/09/09 2 18 USC § 2 and Aiding and Abetting 21 USC § 853 Drug Forfeiture Allegation The defendant is sentenced as provided in pages 2 through ]g of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. m The defendant has been found not guilty on count(s) |:| Count(s) m is |:] are dismissed on the motion of the United States. _ _ lt is ordered t_hat the defendant must notify the United States attorney for this district within 30 days of any change of name, residence or mailin address untii_ all fines, restitution,_costs, and special assessments imposed l_)y this judgment are fu ly paid. If ordered to pay restitution, the defen ant must notify the court and United States attorney of material changes in economic circumstances Ju ge, U.S. District Court "m°:“§?§i??“ii , Date ' e§i\O 245B(05-MA) (Rev. 06/05) Judgment in a Criminal Case Sl'ieet 2 - D, Massachusetts - lO/OS DEFENDANT; SARA VEGA CASE NUMBER: l: 09 CR 10315 - 007 - NG .ludgment -- Page 2 of 10 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total tenn of: time Served |:| The court makes the following recommendations to the Bureau of Prisons: m The defendant is remanded to the custody of the United States Marshal. |:| The defendant shall surrender to the United States Marshal for this district: |:]at l:i a.m. l:l p.m. on |:|as notified by the United States Marshal. |:| The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: |:‘ before 2 p.m. on |:| as notified by cite United states Marshai. |:] as notified by the Probation or Pretrial Services Ofiice. RETURN l have executed this judgment as follows: Defendant delivered on to a , with a certified copy of this judgment UNiTED STATES MAR.SHAL By DE.PUTY U'NlTE.D STATES MAR.SHAL §AO 24SB(0$-MA) (Rev_ 06/05) Judgment in a Criminal Case Sheet 3 - D. Massachusetts - lO/O$ Jttdgmt_-P…g 3 of 10 DEFENDANT; SARA VEGA CASE NUMBER: 1: 09 CR 10315 - 007 - NG SUPERVISED RELEASE \:| Sm.,..tt.....t..,i. me Upon release from imprisonment, the defendant shall be on supervised release for a term of : 36 month($) Concurrently. The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisoris. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance The defendant shal_l refrain from any unlawful use of_ a controlled substance The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereaii;er, not to exceed tests per year, as directed by the probation officer. The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of future substance abust:. (Check, if applicable.) The defendant shall not possess a firearm, ammunition, destructive device, cr any other dangerous weapon. (Check, if applicable.) The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) |:| The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.) The defendant shall participate in an approved program for domestic violence (Checlc, if applicable.) lf this 'udgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule o Payments sheet of thisjudgment. The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION l) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the ltilefenctil_la.i'it shall report to the probation officer and shall submit a truthful and complete written report within the first five days of eac mon ; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the pro ation officer; 10) the defendant shall permit a probation officer to _visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; l l) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) the defendant shall riot enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and 13) as directed by the probation officer, the defendant shall notify_third parties of risks that may be occasioned by _the defendant’s criminal record or ersona_ history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant s compliance with such notification requirement §AO 24SB(OS-M.A) (Rev. 015/05) Judgment in a Cn`n'iina] Case Sheet 5 - D. Massaehusetts - 10/05 Iudgment-Pagc DEFENDANT: SARA VEGA CASE NUMBER; 1: 09 CR 10315 - 007 -NG CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessmgnt F_ine_ R t n TOTALS $ $200.00 $ $ m The determination of restitution is deferred until . An Amended Judgment in a Cri'mi‘nal Case (AO 245C) will be entered after such deteirnination. |j The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately lpro ortioned _ayment, unless specified otherwise in the priority order or percentage payment column elow. However, pursuant to 18 .S. . § 3664& , all nonfederal victims must be paid before the United State s is paid. Namg of ngee Total Los§* R stitutlon r r d Prigrig gr Pgrcengge m See Conti'nuation Page rorALs s S0.00 s $0.00 E Restitution amount ordered pursuant to plea agreement $ |:l The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of thejudgirient, pursuant to 18 U.S.C. § 3612(1). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). g The court deteirnined that the defendant does not have the ability to pay interest and it is ordered that: |:] the interest requirement is waived for the |:l fine m restitution. |:| the interestrequiri:ment for the |:| fine m restitution is modifiedasfollows: * Findings for the total amount of losses are re%uired under Chapters 109A, 110, l 10A, and l 13A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 199 . §AO 24SB(OS-MA) (Rev. Oti/OS) Judgnient iri a Criminal Case Sheet 6 - D, Massachusetts - 10/05 7 … m 7 n Judgment_ Page n n 5 n Of 10 DEFENDANT; SARA VEGA CASENUMBER: 1: 09 CR 10315 - 007 - NG SCHEDULE OF PAYMENTS Hav ing assessed the defendant’s ability to pay, payment of tlie total criminal monetary penalties are due as follows: A lZ| Lump sum payment of $ $200'00 due immediately, balance due m not laterthtm ,or iri accordance [:| C, m D, m E, or |:|Fbelow;or Payment to begin immediately (may be combined with m C, m D, or l:l F below); or Payment iri equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or Payment during the tenn of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment of tlie defendant’s ability to pay at that time; or l:ll:l l:||]|:l Special instructions regarding the payment of criminal monetary penalties: Unless the court has expressl ordered otherwise, if thisjud§]ment imposes imprisonment, ailment of criminal monetaiy penalties is due during imprisonment All crimin mone penalties, except ose payments made throu e Federal Bureau of Prisons' Inmate Financia Responsibility Prograni, are made to t e clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. l:l See Continuation EJoint and Several Page Defendant and Co-Del`endant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate E| The defendant shall pay the cost of` prosecution. m The defendant shall pay the following court cost(s): l:lThe defendant shall forfeit the defendant’s interest in the following property to the United States: Payments shall be applied in _the following order: (1} _assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) pena ties, and (8) costs, including cost of prosecution and court costs. §.AO 24513(05-M.A) (Rev. 06/05) Iudgment in a Criminal Case Sheet eli - D. Massachusetts - 10/05 Judgment--Pagc n ' of DEFENDANT: SARA VEGA CASENUMBER: 1: 09 CR 10315 _ 007 _NG ADDITIONAL FORFEITED PROPERTY As described in the indictment AO 245B (Rev. 06/05) Crimina| Judgment Attachmerit(Page I) --Statement of Reasons - D. Massachusetts - 10/05 DEFENDANT._ SARA VEGA Judgment-Page 7 of 10 CASE NUMBER: 1: 09 CR 10315 - 007 - NG DISTR!CT= MAssAcHUsETTs STATEMENT OF REASONS I COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT A l:l The court adopts the presentence investigation report without chonge. B ij The court adopts the presentence investigation report with the following changes. (Check all that apply and specify court deterrnination, iindings, or comments, referencing paragraph numbers iri the presentence report, if applicable.) (Use Section VIII if necessary.) l g Chiipter Two ofthe U.S.S.G. Manual determinations by court (including changes to base offense levei, or specific offense characteristics): Court finds TOL 26, CHC [ (TOL 31, CHC I PSR calculation). 2 d Chiipter Three oftiie U.S.S.G. Miinuiil determinations by court (including changes to victim-related adjustments role in the offense, obstruction ofjustice, multiple counts, or acceptance oi’ responsibility): Cc»urt finds TOL 26, CHC I (TOL 31, CHC I PSR calculation). 3 I:] Chiiptor Four oi' the U.S.S.G. Manual deten'ninstions by court (including changes to criminal history category or scores, career offender, or criminal livelihood detenninations): 4 m Addit|imiil Cornmeuts or Find|ngs (including comments or factual findings concerning certain information in the presentence report that the Federai Bureau of Prisons may rely on when it makes inmate classifieation, designation, or programming decisions): C l:l The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32. II COURT FINDING ON MAN DATORY MINIMUM SENTENCE (Check all that apply.) A m No count of conviction carries a mandatory minimum sentence B [:l Mandatory minimum sentence imposed. C ij One or more counts of conviction alleged iri the indictment carry a mandatory minimum term of imprisonment, but the sentence imposed is below a mandatory minimum term because the court has determined that the mandatory minimum does not apply based on 5 findings of fact in this case E| substantial assistance (is u.s.c. § 3553(¢)) |D the sanitary safety valve (is u.s,c. § 3553(0) III COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES): Total Offense Level: 26 Criminal History Category: ' lmprisonmentRange: 53 to 73 months Supervised Release Range: 3 to 5 years Fine Range: $ iz.soo to $ s,ooo.ooo la Fine waived or below the guideline range because of inability to pay. AO 245B (OS-MA) (Rev. 06}05) Ctiminal Judgment Attachment (Page 2) _ Statement of Reasons - D. Massachusetts - iii/05 CASE NUMBER: 1: 09 CR 10315 - 007 - NG DISTRICT= MASSACHUSETTS STATEMENT OF REASONS lV ADVISORY GUlDELlNE SENTENCING DETERMINATION (Check only one.) A m The sentence is within an advisory guideline range that ls not greater than 24 months. and the court hnds no reason to depart B \:l The sentence is within an advisory guideline range that is greater than 24 months. and the specific sentence is imposed for thme reasons (Use Ser:tion VI[l if necessary`) C l:l The court departs from the advisory guideline range i`or reasons authorized by the sentencing guidelines manual. (Also complete Seetion V.) D m The court imposed a sentence outside the advisory sentencing guideline system. (Also complete Sectl`on Vi.) V DEPARTURES AU'I`HORIZ.ED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.) A The sentence imposed departs (Check only one.): |:| below the advisory guideline range [:| above the advisory guideline range B Departure based on (Check ali that apply.): l Plea Agreement (Cheek all that apply and cheek reason(s) below.): SKi.l plea agreement based on the defendant’s substantial assistance 5K3.l plea agreement based on Early Disposition or “Fast-track” Program binding plea agreement for departure accepted by the court plea agreement for departure, which the court finds to be reasonable plea agreement that states that the government will not oppose a defense departure motion. |:||:||:|l:||:l 2 Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.): [:| 5Ki .1 government motion based on the defendant’s substantial assistance |:| \5K3.l government motion based on Early Disposition or “Fa.st-track” program l:j govemment motion for departure |:| defense motion for departure to which the government did not object j:\ defense motion for departure to which the government objected 3 Othel' l:l Other than a plea agreement or motion by the parties for departure (Checlc reason(s) below.): C Reason(s) for Departure (Check all that apply other than SKl .l or 5K3.l.) 5K2.9 CriminalPurpose 5K2,10 Victim‘sCondur:t 5K2.21 Dismissed and Uncharged Conduct $K2.22 Age or Heaith of Sex Otfenders 5K2.23 Discharged Tenns ot`lmprisonment Other guideline basis (e.g., 2B1.l conunentary) 5K2.0 Aggravanng or Mitigating Circumstances |:| 4A l .3 Cn'minal History inadequacy m 5K2_l Death |:| 5K2. li Lesser Harrn m Slel Age m $K2_2 Physical injr.u'y g 5K2.12 Coercion and Duress m SHl .2 Bducation and Vol:ationa| Skills |] 5K2.3 Extreme Psychologica| injury m 5K2.13 Diminished Capacity [:| 5Hl ,3 Menta| and Emotiuna| Condition |:| 5l<2_4 Abduction or Unlawful Restraint m 5K2.l4 Public We|fare |:| 5Hi .4 Physieal Condition |:| $K2.S Property Damage or Loss g 5K2.16 Voluntary Disc|osure of Offense |:| 5Hl .5 Employment Record m 5K2_6 Weapon or Dangerous Weapon [:| 5K2. 17 High-Capacity. Semiautomatie Weapon |:| SH | .6 Fami ly Ties and Responsibilities |:_| 5K2.7 Dismption of Govemment Function |:_\ 5K2.13 Violent Su'eet Gang |:| 5Hl .l l Military Record, C!haritable Servicel m 5K2.8 Extreme Conducl |:| 5K2.20 Aberrant Behavior owe works |:j |:| |:\ |:| |:| El I:| D Expiain the facts justifying the departure. (Use Section VIII if necessary.) AO 245B ( OS-MA) (Rev4 06/05) Criminal Judgment Attachment (Page 3) _ Statement of Reasons - D. Massaehusetts lOfO$ DEFENDANT; SARA VEGA Judgrnent_Page 9 of 10 CASE NUMBER! 1: 09 CR 10315 - 007 - NG DiSTRICT= MAssAcHuss'rTs STATEMENT OF REASONS Vl COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM (Check all that apply .) A The sentence imposed is (Check only one.): .I:l below the advisory guideline range i:\ above the advisory guideline range B Sentence imposed pursuant to (Check all that apply.): l Plea Agreement {Check all that apply and check reason(s) below.): m binding plea agreement for a sentence outside the advisory guideline system accepted by the court m plea agreement for a sentence outside the advisory guideline system, which the court finds to be reasonable \:\ plea agreement that states that the government will not oppose a defense motion to the court to sentence outside the advisory guideline system 2 Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.): [j government motion for a sentence outside of the advisory guideline system E defense motion for a sentence outside of the advisory guideline system to which the government did not object [j defense motion for a sentence outside of the advisory guideline system to which the government objected 3 Othe)r [:l Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (Check reason(s) below.): C Reason(s) for Sentence Outslde the Advisory Guideline System (Check all that apply.) 1[| the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to lB U.S.C. § 3553(a)(l) EI to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A)) m to afford adequate deterrence to criminal conduct (l 8 U.S.C. § 3553(a)(2)(B)) m to protect the public from further crimes of the defendant (l B U.S.C. § 3553(a)(2)(C)) [:] to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner (lB U.S.C. § 3.553(a)(2)(D)) m to avoid unwarranted sentencing disparities among defendants (l 8 U.S.C. § 3553(a)(6)) I:l to provide restitution to any victims of the offensc (l 8 U.S.C. § 3553(a)(7)) D Explain the facts justifying a sentence outside the advisory guideline system. (UseSection VIII if necessary.) AO 2453 ( U$-MA) (Rev. 06/0$) Criminal .ludgment Attachment (P'age 4) - Statement of Reasons - D. Massachusetts - 10/05 DEFENDANT: SARA VEGA Judgment_ Page 10 of 10 CASE NUMBER: 1: 09 CR 10315 - 007 - NG DISTRICT: MASSACI'IUSETTS STATEMENT OF REASONS VII COURT DETERMI`NATIONS OF RESTITUTION A m Restitutioi.'r Not Applicable, B Total Amount of Restitution: C Restitution not ordered (Check only one,): l I:l For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of identifiable victims is so large as to make restitution impracticable under iii U.S.C. § 3663A(c)(3)(A). 2 l:l For offenses for which restitution rs otherwise mandatory under lE U.S.C. § 3663A, restitution is not ordered because determining complex issues of fact and relating them to the cause or amount of the victims` losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under lS U S.C. § 3663A(c)(3)(B). 3 l:l For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(l)(B)(ii). 4 m Restitution is not ordered for other reasons. (Explain.) D l:l Partial restitution is ordered for these reasons (lS U.S.C. § 3553(c)): VIII ADDITIONAL FACTS JUSTIFYING THE SEN TENCE IN THIS CASE (If applicable.) Sections l, II, III, IV, and VII of the Statement ofReasons form must be completed in all felony cases. Defendant’s Soc. Sec. No.: 000'00`5062 Date §§TM of Judgment f / Defendant’s Date of Birth: 00'00'82 g lj Defendant’s Residenoe Address: L°Well’ MA atu'r"e Jr?c?g'E"'-` ancy G:rtyer _ Judge, U.S. District Court Defendam’s Maiiing Address; N§a§¢ add Ti¢i¢» of mae / Same as above Date Signed l l l F ' l