Case 1:15-cr-20296-JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 1 of 6
UNITED STATES D ISTRICT CO U RT
SOU TH ERN D ISTR ICT O F FLO R IDA
CA SE NO .15-CR-20296-JEM
UNITED STA TES O F AM ERIC A
5'S.
JEFFREY GA RCIA ,
Defendant.
PLEA AG REEM ENT
TheUnited StatesAttorney'sOfficefortheSouthern DistrictofFlorida('s
thisOffice'
')and
Jeffrey Garcia(hereinafterreferredtoasthed
'defendant')enterinto thefollowingagreement:
Pursuantto Rule 7(b)ofthe FederalRulesofCriminalProcedure,the defendant
agrees to plead guilty to the one-count Inform ation which charges that the defendant did
know ingly and w illfully conspirew ith otherpersonsto com m itoffensesagainstthe United States.
in violation ofTitle l8,United StatesCode,Section 37l.
The defendant is aware that the sentence w ill be im posed by the Court after
considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter
dsentencing Guidelinesn). The defendantacknowledges and understands thatthe Courtwill
compute an advisory sentence underthe Sentencing G uidelinesand thatthe applicable guidelines
willbedeterm ined by the Coul'
trelying in parton the resultsofa pre-sentence investigation by the
Court'sprobation office,which investigation w illcom m enceafterthe guilty plea hasbeen entered.
The defendant is also aw are that, under certain circum stances,the Court m ay departfrom the
advisory sentencing guideline range thatithas com puted,and m ay raise or Iowerthat advisory
Y g/ g y
Case 1:15-cr-20296-JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 2 of 6
sentence underthe Sentencing Guidelines. The defendantis furtheraware and understands that
the Courtis required to considerthe advisory guideline range determ ined underthe Sentencing
Guidelines, but is not bound to im pose a sentence w ithin that advisory range; the Court is
perm itted to tailorthe ultim ate sentence in lightofotherstatutory concerns,and such sentence m ay
be eitherm ore severe or less severe than the Sentencing G uidelines'advisory range. Know ing
these facts,thedefendantunderstandsand acknow ledgesthatthe Courthastheauthority to im pose
any sentence w ithin and up to the statutory maxim um authorized by law forthe offense identified
in paragraph land thatthe defendantm ay notw ithdraw theplea solely asa resultofthe sentence
im posed.
The defendant also understands and acknow ledges thatthe Courtm ay im pose a
statutory maximum term ofimprisonmentofuptoone(1)years,asto Count l. In additionto a
term ofim prisonmentand supervised release,the Courtm ay impose,asto each Countsa fine ofup
to $100,000 and mayorderrestitution.
The defendant further understand and acknow ledges that, in addition to any
sentence im posed under paragraph 3 ofthis agreement,a specialassessm ent in the am ount of
$25.00 willbe imposed on the defendant. The defendantagrees thatany specialassessment
im posed shallbe paid atthe tim e ofsentencing. If a defendant is Gnancially unable to pay the
specialassessm ent.the defendant agreesto presentevidence to this O ffice and the Coul'
tat the
tim e ofsentencing asto the reasons forthe defendant'sfailureto pay.
5.
This O ffice reserves the rightto inform the Courtand the probation office of alI
facts pertinent to the sentencing processs including all relevant inform ation concerning the
offenses com m itted, w hether charged or not, as w ell as concerning the defendant and the
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defendant's background. Subjectonly to the express terms ofany agreed-upon sentencing
recom m endations contained in this agreem ent,this Office furtherreserves the rightto m ake any
recom m endation asto the quality and quantity ofpunishm ent.
6.
The defendantisaw are thatthe sentence has notyetbeen determ ined by the Coul't.
Thedefendantalso isaw arethatany estim ateoftheprobable sentencing rangeorsentencethatthe
defendantmay receive,whetherthatestim ate com esfrom thedefendant'sattorneysthisO ffice,or
the probation office,isa prediction,nota prom ise,and is notbinding on this Office,the probation
office orthe Court. The defendantunderstands furtherthatany recom m endation thatthis Office
m akes to the Court as to sentencing,w hether pursuant to this agreem entor otherw ise, is not
binding on the Court and the Court m ay disregard the recom m endation in its entirety. The
defendantunderstandsand acknow ledges,aspreviously acknowledged in paragraph 2 above,that
the defendant m ay not w ithdraw his plea based upon the Court's decision not to accept a
sentencing recom m endation m ade by the defendant. this O ffice. or a recom mendation m ade
jointlybythedefendantandthisOffice.
This Office agrees thatitw illrecom mend at sentencing thatthe Courtreduce by
two levelsthe sentencing guideline levelapplicableto the defendant'soffense,pursuantto Section
3El.1(a)oftheSentencingGuidelines,based uponthedefendant'srecognitionandaffirmativeand
tim ely acceptance ofpersonalresponsibility.Ifatthe tim e ofsentencing the defendant's offense
levelisdeterm ined to be l6 orgreater,this Office w illf5le a m otion requesting an additionalone
leveldecrease pursuantto Section 3El.l(b) ofthe Sentencing Guidelines,stating that the
defendant has assisted authorities in the investigation or prosecution of the defendant's ow n
m isconductby timely notifying authorities ofthe defendant's intention to entera plea of guilty,
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thereby perm itting thegovernm entto avoid preparing fortrialand perm itting the governmentand
the Courtto allocate their resources efficiently. This Office,however,w illnot be required to
makethismotion and thisrecommendation ifthe defendant:(1)failsorrefusesto make a full,
accurate and complete disclosure to the probation office of the circum stances surrounding the
relevantoffenseconduct;(2)isfound to havemisrepresented factsto the governmentpriorto
entering into thisplea agreement'
,or(3) commits any m isconductafterentering into this plea
agreem ent,including butnotIim ited to com m itting a stateorfederaloffense,violating any term of
release,orm aking false statementsorm isrepresentations to any governm entalentity orofficial.
8.
The United States and the defendant agree that, although not binding on the
probation officeortheCourt,they willjointly recommend thatthe Courtmakethe following
findingsand conclusionsas to the sentence to be im posed:
a.
ThatSection 2C l.8 isthe applicable Guidelines;
b.
Thatthebaseoffenselevelis8,pursuantto Section 2C l.8 (a)oftheNovemberl,
2014,Sentencing Guidelines;
Thatthevalueoftheillegaltransactionwasmorethan $5000butlessthan$10,000,
resulting inatwo (2)levelenhancementunderSections2C l.8(b)(1)and 2Bl.I(b)(1)(B);
d.
Thatthe defendantwillfully obstructed orimpeded the administration ofjustice
with respectto the investigation ofthe instantoffenseofconviction,resulting in atwo (2)Ievel
enhancem entunderSection 3C l.1;and
e.
Thattheadjustedadvisoryoffenselevelisl2.
The defendant is aware that the sentence has not yet been determ ined by the
Court. The defendant also is aw are that any estim ate of the probable sentencing range or
Case 1:15-cr-20296-JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 5 of 6
sentence that the defendant may receive, whether that estim ate com es from the defendant's
attorney,thisOffice,orthe Probation Office,isa prediction,nota prom ise,and is notbinding on
this O ffices the Probation O ffice or the Court. The defendant understands further that any
recolmm endation that this O ffice m akes to the Courtas to sentencing,w hether pursuantto this
agreem ent or otherw ise, is not binding on the Court and the Court m ay disregard the
recom m endation in its entirety. The defendant understands and acknow ledgessas previously
acknowledged in paragraph 3 above,thatthe defendant m ay notw ithdraw his plea based upon
the Court's decision not to accept a sentencing recom m endation m ade by the defendant,this
Office,orarecommendationmadejointlybyboththedefendantandthisOftsce.
10. In the eventthe defendantw ithdraws from thisagreem entpriorto orafterpleading
guilty to thechargesidentifsed in paragraph one(l)aboveorotherwise failsto fully comply with
any oftheterm softhisplea agreem ent.thisO ffice willbe released from its obligations underthis
agreement.and the defendantagreesand understandsthat:(a)he thereby waivesany protection
afforded by the proffer Ietter agreem ent between the parties,Section lB 1.8 of the Sentencing
Guidelines.Rule ll(9 oftheFederalRulesofCriiminalProcedure,and Rule410 ofthe Federal
Rules of Evidence, and that any statem ents m ade by him as part of plea discussions, any
debrietsngsorinterview s,orin thisagreem ent,w hetherm ade priorto orafterthe execution ofthis
agreem ent, w ill be adm issible against him without any Iim itation in any civil or crim inal
proceeding broughtby the government;and (b)the defendantstipulatesto the adm issibility and
authenticitysin any case broughtby the United States in any way related to the facts referred to in
this agreementsofany docum entsprovided by the defendantorhisrepresentativesto any state or
federalagency and/orthisOffice.
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This is the entire agreem ent and understanding betw een this Office and the
defendant. There are no other agreem ents,prom ises,representations,or understandings other
than letteragreem ents.
W IFREDO A.FERRER
UN ITED STA ES A TTO RN EY
Date
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By:
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By:
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HENR P.BELL.ESQ.
ATTORNEY FOR DEFEN DAN T
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By:
JEFF Y
RCIA
D EF N D AN T
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