| Rico From Nicaragua For
Packages of 11 Kilos of Heroin Gets 30 Months
But No Obstruction
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Sept 11 – Armando Jose Jarquin
Rico came from Nicaragua to
The Bronx and sent more than
half of his weekly $600 salary
back to his family in
Matagalpa. Then he agreed to
accept packages for $500 each.
He was arrested with 11 kilos
of heroin. On
September 11 U.S. District
Court for the Southern
District of New York Judge
Paul G. Gardephe held a
sentencing proceeding. Inner
City Press covered and live
tweeted it:
Judge Gardephe
rejects the US Attorney's
request for two level upgrade
for obstruction, and finds
that he didn't know what the
(drug) packages contained.
Base level 34; with
subtractions, down to 22. So
the guideline is 41 to 51
months.
Judge Gardephe: Any defense
objection to calculations?
Sabrina Shroff:
No.... Mr. Rico is entitled to
a reduction under US v. Carti.
And I do not know when
Nicaragua will take its
citizens back. So he'll have
to wait to be deported.
AUSA Pellegrino:
He should get 41-51 months,
not time served. The drugs
were worth $500,000 to $1
million, at a going rate of
$50-$60,000 a kilo, for
heroin. With respect to the Carti
case, that involved
pre-sentencing detention in
the Dominican Republic.
Rico himself: I
was not working in Nicaragua.
To build a house there for my
daughters, I came here. Not to
abandon them, but to support
them. But this has been the
worse experience, being on
lock-down, no visits... This
place has been horrible,
constant conflict
Judge Gardephe:
Rico met his co-conspirator at
the juice bar where he worked.
He was talked into accepting
packages at his home, $500 per
package. He thought it was
marijuana, then cocaine. But
it was heroin. In 2018 board
protection found suspicious
packages
Judge Gardephe:
Law enforcement put tracking
devices in the package then
put them back in the mail.
Rico was arrested. In his
apartment, 2 bags with 11
kilos of heroin.
Judge Gardephe:
Rico is 30. He was born in
Matagalpa in northern
Nicaragua. There was a
guerrilla movement in the area
[Contras? quienes?] He came to
the US in 2015 on a visitors
visa. He overstayed,
illegally.
Judge Gardephe:
In Nicaragua, he went to
university and studied
marketing and publicity. But
there was little work. He came
to the US to support his
family. He worked at a juice
bar in The Bronx, full time.
He made $600 a week, of which
he sent $350 to Nicaragua
Judge
Gardephe: In the MCC he worked
in food service and got a
strong letter of support. He
has been detained 2 years,
taken a lot of courses. He
fell ill in April 2020 with
symptoms consistent with
Coronavirus. Probation
recommends 60 months,
incorrect calculus
Judge Gardephe: I
am imposing a sentence of 30
months. [That is, six more
months then immigration
detention pending deportation
to Nicaragua.] If not, 3 years
of Supervised
release.
The decisions on
responsibility / role in the
conspiracy, and rejecting the
US position on obstruction,
are important.
The case is USA
v. Rico, 18-cr-661 (Gardephe)
***
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