He gets no break this time

A convicted drug dealer who avoided going to prison four years ago when a federal judge gave him a break and sentenced him to probation was back in federal court yesterday for violating that probation.

This time he has a date with the slammer.

Robert Henderson, 38, of Northeast Philadelphia, was sentenced to a year and a day behind bars by U.S. District Judge Lawrence F. Stengel.

"I'm sorry this has worked out this way," Stengel told Henderson, adding that it was "disappointing" that Henderson had chosen to engage in criminal activity when he had a successful business and a supportive family.

"It's a tough situation," said Louis Savino, Henderson's attorney.

Then, Henderson, a burly, tattooed landscaper, hugged his wife goodbye, was handcuffed and led from the courtroom by U.S. marshals to begin serving his sentence.

Last October, Henderson allegedly twice sold oxycodone pills to a confidential informant working with Philadelphia police, a breach of Henderson's probation.

Oxycodone is a controlled substance and prescription painkiller used to treat pain.

When cops raided Henderson's house the day after the second buy, they seized several hundred oxycodone pills, 168 grams of marijuana, a small quantity of crystal meth and about $1,700 cash, which included some of the "buy money" used by the informant.

According to court papers, Henderson told authorities: "I know why you are here, and I'll show you where everything is. I keep everything downstairs in my bedroom away from my kids."

Last week, when Henderson reported to his probation officer, a urine test showed the presence of marijuana. He was arrested and later released on $50,000 bail.

Henderson was sentenced to five years' probation in 2003 by then-U.S. District Judge Clarence Newcomer after pleading guilty to drug-conspiracy and -trafficking charges.

He could have received from 46 to 57 months, but Newcomer gave him probation after the feds recommended leniency based on his cooperation.

Henderson testified at court proceedings and helped federal prosecutors crack a drug ring that had brought thousands of pounds of pot into Philadelphia from Arizona with a street value of more than $2 million.

Seven co-defendants in the case got prison terms ranging from probation to more than 18 years, in part due to Henderson's cooperation. *