Free Letter - District Court of Delaware - Delaware

Case 1 :07-cr-00135-SLR Document 24 Filed 07/28/2008 Page 1 of 2
M,5§;::____ U.S. Department of Justice
United States Attorney ’s Oj§‘ice
District of Delaware
Nemours Building (302) 5 73-62 77
1007 Orange Street, Suite 700 FAX (302) 573-6220
P.O. Box 2046
Wilmington, Delaware 19899-2046
· July 28, 2008 l
The Honorable Sue L. Robinson
United States District Judge
District of Delaware
844 King Street
Wilmington, DE 19801 · -
l Re: United States v. Mizrain Gonzalez
- Crim. Action No. 07-135-SLR 1
Dear Judge Robinson: 1
l The government is in receipt of defendant’s sentencing memorandum. One of the i
primary factors defendant relies upon in support of his request for a variance is his extraordinary
1 family circumstances and commitment to his children} The govermnent wishes to call to the
Cou1t’s attention that at the time of his arrest defendant was home alone with his approximately p
" one—year-old son. Officers fotmd a loaded sawed-off shotgun in an unzipped bag on the bottom i
shelf of a bookcase in the dining room and several hundred bags of heroin nearby on a dining
room chair. (See attached Report.) J
The government believes a guideline sentence is appropriate.
· , Respectfully submitted, i
l _ COLM F. CONN ‘ i Y l 1
United Sta · — · i -
1 · BY: i!i_.__i.ii___,L·i‘ 1
p ’ es ey F. Wolf A
Assistant nited States Attorney p
Attachment
cc: John Malik, Esquire
lA1though defendant cites several other factors, nothing in defendant’s background, his
rehabilitative efforts, or his letters of support is so "extraordinaiy” as to warrant a sentencing
variance. _

Case F :07-cr-00135-SLR Document 24 Filed 07/28/2008 Page 2 of 2 .
_ ` BUREAU OF COMMUNITY CORRECTIONS
r A ARRESTIINCIDENT REPORT ‘ .
Repcrtill ; . l _ _ Report Date Br Time : GQI1 9l2007 !08_:58
Categr-ry : lnltlal · _ __ lncldent Date & Tlmei 0‘9l18I2007 fG9:O1
Facility ” : DO52 Wilmington Probation and Parole . -· _ - ` ` - _ — _ ·
Injuries : ug Type 5 NA 7 l ‘ ` ‘ ‘ , . I _
Hospitalized : lilo Where : lg ‘ l V · _
_ Facts of incident ; . r · · · P
ln the weeks prior to 9-18-07 this Probation Ofticer (Henon), who is assigned to the FBI Wclenl: Crime Task Force, received · ._
. information that Probetioner Mizrain Gonzalez was selling heroin as well as trading heroin for lirearms. I contacted his Probation _
_ Ofticer, Stacy Colavlto and relayed the information. Oflioei Colavlto agreed that conducting an administrative search would be prudent,
_ On 9-17-07 this writer contacted Probation Supervisor Vlhlliam Craig Watson. After reviewing the information %ardlng Mr. Gonzalez,`
Supervisor Watson agreed that an administrative search of Mizreln Gonzelez’s reported address"? AY y · e) was appropriate and · ‘
authorized same. PO Colavito and myselfplanned the search. l contacted other members ol the FBI Taslt`·r—¤.ee (Cuadrado, Earle and
_y Dulfy) who agreed to assist ln the capacity of providing security while Probation Officer Colavito and myself conducted the search.
Qn 9-18-07 at 9:01 am this writer and PO Colavito knocked on Mr. Gonzalez reported address, ` T- " ':, Wilmington, DE..
Mr. Gonzalez answered the door wearing only boxer styl underwear. He was next to a small boy rapproxlmatelyiyear to 1 and a half ·
years old). Mlzraln Indicated that they were the only residents home. l-le was notified that an administrative search was going to be -
conducted. He was handcutted for security and asked to sit down on the couch. This Ollicerconlacted FBI Task Force members Hector: ·
Cuedredo and Greg Earle via radio and asked there to come into the residence. PO Colavito and myself began the search in the _
second floor front bedroom. ln the bedroom there was a large bed. a crib, and numerous items of clothing which appeared to be for an p - _ ‘
adult male and an adult female. On the bed there was a pair of blue iean pants. In a pocket was a wallet which contained a state of · _ ‘
Delaware l.D. belonging to Mizrain Gonzalez. ln e small dresser (two small drawers} lhis'Oflicer (Herron) located what appeared to be - .
a stun gun. It was located ln the top drawer among numerous dvd movies. On top of a large dresser. behind a Lv., Otticer Colivito
located a plastic container with money. (USC) and change. In the top lelt hand drawer of the same dresser Oflicer Colavito located
numerous bundles of folded USC bills. One of the other bedrooms on that floor appeared to be that of a young child. The other room - _ ‘
` had no bed or crib and appeared to be used for storage. Qfficer Colavito and myself then proceeded to the first floor. ln ti1e dining area __ ‘
(lust beyond the living room) I located a blue duffle type bag on the bottom shelf of a book case. The be also had some pink and white
ln lt_and the words Peace, Love. Pink on one side. The zipper to the bag was undpped and inside the bag was what appearedto be _a - T
sawed off shot gon. There was also a plastic Walmart beg. Inside the bagiwasa box of shot gun shells. This Officer then checked the · 5 ·. . _ - ·
” lop rig_l1t·l1and drawerpf a wood and glass china cabinet lo ted in the dining area. ln the front of the drawer were two groups of folded . Q .3 _ 1 _ `
_ bundles of USC. They were rubber banded together. The outside bills were 100,s.-ln the second drawer from the 'top middle row there . I " ’
was a small rectangular box containing what appeared to. be packaged heroin (5 bundles rubber banded together. 2 bundles rubberr · " ' ` I 1 - `
. banded-together end a separate bundle). Shortly thereatter. l pulled a chair away hom the dining room table. On the chair there was a · ` . · ‘
dark plastic bag. inside the bag was a rectangular package covered in newspaper eds. lt had been ripped open and revealed that lt`
was partially tilted with what appeared to be heroin. lt was on top of a similar package which had not yet been opened. Shortly ·_ ·` ·
thereafter, Special Agent Scott- Duffy arrived. Also, based on the contraband located. the ATF along with other members of Operation ‘· . ·
Fed-Up were contacted. Upon their arrrival ATF Agent Patrlok_Fyocl·c read Mr. Gonzalez his rights. Agent- Fyock re-read Mr. Gonzalez · - _ _.
his rights ' r to FBI Special Agent Scott Duffy talking_ with hlm. Mizraln Gonzalez agreed to tallc. Mizrain stated that he and his ' - · ‘ ·
girlfriend an-are the only adults that lived there. He further stated that j(who had come and taken custody ofthe child . .· . .·
present) wasangiy with him because she had been unaware of hislllegal activity. He acknowledged that he knew about the presence
of the shot gun and drugs in the residence. when asked it there were any other weapons in the residence, he replied "No, except for a "- ‘
stun gun upstairs". These statements were made In this OfHoer's presence. _ ‘ . _ · _ · · ‘
Members of the Fed-Up Task Force took custody ofli/lr. Gonzalez. FBI Task Force member (and Wilmington Police Oflicer) Hector · ` · _
Guadrado took custody ofthe evidence. The evidence was taken to Wilmington Police Headquarters where it was inventoried and - - . - .
turned over to_ the Wilmington Police evidence unit per their policy. At this time Operation Fed—Up will be move forward Federally with -
the new offenses based on the administrative search and Probation and Parole (Oflicer Golavllo) will proceed with the Wolation of _
Probation. _ _ . . . ` ·· . . ’ ·- · .
· Follow Up Comments : . · ` _ —. l
N/A _ ‘ l _ - . _ ' l · A
Supervisor Comments :-` · - _ _ _ · · _ -
we · · . . . .
Reporting Officer U Herron Mark S _ · Supervisor Name : ` . `
_ Date: 2../2..02 A ' Date: 9/,
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· l OOUOOOO9 j

Case 1:07-cr-00135-SLR

Document 24

Filed 07/28/2008

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Case 1:07-cr-00135-SLR

Document 24

Filed 07/28/2008

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