New York Family Law Blog
The United States of America is the plaintiff and appellee in this case. The defendants and appellants of the case are Mona Watson, Kelvin Jackquet, Anthony Gage, Manuel DeJesus Parada, Luis Rios Castano, Esnoraldo Posado-Rios, Elisa Murga, Carlos Mena, Raul Gamboa, and Carmenza Guzman Varon.
The Case
A New York Criminal Lawyer said in the month of December in the year 1992, an indictment charged 35 defendants of drug trafficking and other charges that came about from a conspiracy that started in 1985. The 10 defendants in this case were found guilty of several offenses and the majority of these defendants are now challenging a number of the rulings.
Facts of the Case
In 1985 Samuel Posada-Rios and Leoncio Espaillat met a Columbian cocaine supplier, Fabio Ochoa, Jr. From the years of 1986 through 1988, Espaillat stored cocaine for Ochoas at is ranch that was located in the Dominican Republic. This cocaine was delivered to Samuel and his partner Carlos Rendon, who formed a trafficking enterprise which was called “La Compania.” Several new members were added to the group.They were then based in Miami. The enterprise then started moving the money and drugs throughout Los Angeles, New York, and Miami. The operation grew and this is where some of the other defendants come in.
Sentencing
Esnoraldo Posada-Rios makes the argument that the district court erred in his sentencing by ruling him as a Career Criminal Offender. A Nassau County Family Lawyer said the base offense level used for Posada-Rios was 40 and this was based on the amount of drugs attributed to him. It is find there was no error in the sentence given to him.
Mena had a base offense level as 36 based on the negotiated amounts of cocaine he was to deliver to Wonda Cortes. The arguments in his case are also denied and the original sentencing of the court will stand.
Murga’s original base offense level was calculated at 38 based on 162.2 kilograms of cocaine. It is found that none of her arguments for her sentencing are relevant and the original sentencing will stand.
Varon was given a base offense level of 40. Her claim for appeal and the right to seek relief from the district court has been granted.
Gamboa argues that his base offense level should have been lower, but the court finds that the district court did not abuse their discretion in denying his mitigating role adjustment and the sentence stands.
Rios-Castano was convicted in the RICO conspiracy as well as counts 1 and 2 in the case. He argues that an error was made when calculating his offense level, which was set at 43. A Queens Family Lawyer said this level of offense carries a mandatory sentence of life. It is found that the district court did not make a mistake in the calculation and the sentencing stands.
Gage makes the argument that increasing his offense level by 2 levels for participating in the role of leader was misapplied. It was found he was responsible for directing and recruiting members in drug trafficking and therefore there was no error made and the sentence stands.
Jackquet was found to be accountable for 43 kilograms of cocaine and the court calculated his offense level at 34. Her arguments against this are not reasonable and for this reason her sentencing will stand.
The law offices of Stephen Bilkis & Associates can help you through any type of legal situation that you may find yourself in, whether you are involved in a divorce proceeding, or have been charged with a crime. We have several offices in the New York City area for your convenience. You can contact any of our offices and set up a time to meet for a free consultation. Our lawyers will discuss your case with you and determine your best course of action.