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Daisy Diaz

#37357-004
 
Federal Sentence: 19 years, 7 months (235 months)
Offense: Conspiracy to Import Cocaine; Conspiracy to Possess with Intent to Distribute Cocaine; Possession with
Intent to Distribute Cocaine
Court: Southern District of Florida
Priors: None
Date of Sentencing: 7/31/92
Date of Birth: 5/8/48 Projected Release Date: 9/07/2008
 
Nature of Offense: In October 1990, Daisy joined her ex-husband, cousin and a couple of friends on a boat trip to several Caribbean Islands.  Unbeknownst to Daisy, the other travelers planned to smuggle cocaine into the United States on the boat.  Upon leaving the Bahamas, the U.S. Coast Guard and Bahamian Police searched the vessel after seizing 41 kilograms of cocaine on an island 150 yards away.  Everyone on board was arrested, and a more extensive search later revealed 176.1 kilograms of cocaine hidden near the fuel tank.  Daisy was charged with the amount found on the boat as well as the quantity confiscated on the island, totaling 217.78 kilograms of cocaine.  In addition, the authorities confiscated a 9 mm Beretta allegedly found in Daisy’s purse.  The government charged Daisy's ex-husband, cousin and one of the other travelers for acting as the organizers of the conspiracy.  Daisy and her cousin's girlfriend, were considered decoys in the operation and deemed only minor participants.  Nevertheless, Daisy, a first-time nonviolent offender, was sentenced to 19 years and 7 months.   
 
Guideline Sentence: Daisy was convicted of 217.78 kilograms, resulting in a base offense level of 38.  She received a 2-point reduction for her minor role in the offense, but the gun enhancement elevated her level by 2-points.  Because she had no prior convictions, she received a criminal history category of I, making her guideline range 235-293 months. 
 
Daisy denies the gun belonged to her and claims it was the property of her cousin.  He corroborated this assertion in Daisy’s Pre-Sentence Report.  In addition, he later signed an affidavit in 2001 attesting to the ownership of the gun and arguing that the authorities found the gun not in Daisy’s purse as they claimed but in a small canvas bag that he carried. 
 
On November 1, 2002, Amendment 4 of the federal sentencing guidelines was enacted, “capping” sentencing at a level 30 for defendants with minor or mitigating role adjustments.  Under this amendment, Daisy would have received a base offense level 30, plus two points for the gun enhancement, for a guideline range of 121-151 months.  However, Amendment 4 was not made retroactive, and Daisy must remain in prison for at least another seven years. 

Sentences of Others Involved: Daisy’s codefendants all received less jail time for cooperating with the government: Another person deemed a minor participant received no jail time; a second time offender received five years; and her ex-husband, also a second time offender, received 12 years.  The only exception was her cousin, who was a fugitive for seven years until his arrest in Tampa, FL.  He later died of lung cancer while in prison. 

Personal Background: Daisy emigrated from Cuba to the United States in 1970 where she became a naturalized citizen in 1971. She married her ex-husband twice—first in Cuba on May 24, 1964 and then again on March 19, 1974—before they eventually divorced in July 1988.  They have two children who are now adults.  Previously, Daisy lived in Chicago, Illinois for 13 years where she attended cosmetology school and opened her own salon.  She then moved to Miami, Florida in 1983 where she worked at various hair salons and lived in a one-bedroom townhouse with her son until her arrest. 
 
Compiled from Pre-Sentence Report and prisoner information. 
LV and JC 11/12/02.