Case 1:15-cr JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

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1 Case 1:15-cr JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CA SE NO. 15-CR JEM UNITED STATES OF AMERICA 5'S. JEFFREY GARCIA, Defendant. PLEA AGREEMENT The United States A torney's O fice for the Southern District of Florida ('sthis Office') and Jeffrey Garcia (hereinafter referred to as the d'defendant') enter into the folowing agreement: Pursuant to Rule 7(b) of the Federal Rules of Criminal Procedure, the defendant agrees to plead guilty to the one-count Inform ation which charges that the defendant did know ingly and w illfully conspire w ith other persons to com m it offenses against the United States. in violation of Title l 8, United States Code, Section 37 l. The defendant is aware that the sentence will be imposed by the Court after considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter dsentencing Guidelinesn). The defendant acknowledges and understands that the Court wil compute an advisory sentence under the Sentencing G uidelines and that the applicable guidelines will be determ ined by the Coul't relying in part on the results of a pre-sentence investigation by the Court's probation office, which investigation w ill com m ence after the guilty plea has been entered. The defendant is also aw are that, under certain circum stances, the Court m ay depart from the advisory sentencing guideline range that it has com puted, and m ay raise or Iower that advisory Y g/g y

PLEA AGREEMENT The United States A torney's O fice for the Southern District of Florida ('sthis Office') and Jeffrey Garcia (hereinafter referred to as the d'defendant') enter into the folowing

2 Case 1:15-cr JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 2 of 6 sentence under the Sentencing Guidelines. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determ ined under the Sentencing Guidelines, but is not bound to impose a sentence within that advisory range; the Court is perm itted to tailor the ultim ate sentence in light of other statutory concerns, and such sentence m ay be either m ore severe or less severe than the Sentencing G uidelines' advisory range. Know ing these facts, the defendant understands and acknow ledges that the Court has the authority to im pose any sentence w ithin and up to the statutory maxim um authorized by law for the offense identified in paragraph l and that the defendant m ay not w ithdraw the plea solely as a result of the sentence im posed. The defendant also understands and acknow ledges that the Court m ay im pose a statutory maximum term of imprisonment of up to one (1) years, as to Count l. In addition to a term of im prisonment and supervised release, the Court m ay impose, as to each Counts a fine of up to $1 00,000 and may order restitution. The defendant further understand and acknow ledges that, in addition to any sentence im posed under paragraph 3 of this agreement, a special assessm ent in the am ount of $25.00 wil be imposed on the defendant. The defendant agrees that any special assessment im posed shall be paid at the tim e of sentencing. If a defendant is Gnancially unable to pay the special assessm ent. the defendant agrees to present evidence to this O ffice and the Coul't at the tim e of sentencing as to the reasons for the defendant's failure to pay. 5. This O ffice reserves the right to inform the Court and the probation office of ali facts pertinent to the sentencing processs including all relevant inform ation concerning the offenses committed, whether charged or not, as well as concerning the defendant and the

within that advisory range; the Court is perm itted to tailor the ultim ate sentence in light of other statutory concerns, and such sentence m ay be either m ore severe or less severe than the

3 Case 1:15-cr JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 3 of 6 defendant's background. Subject only to the express terms of any agreed-upon sentencing recom m endations contained in this agreem ent, this Office further reserves the right to m ake any recom m endation as to the quality and quantity of punishm ent. 6. The defendant is aw are that the sentence has not yet been determ ined by the Coul't. The defendant also is aw are that any estim ate of the probable sentencing range or sentence that the defendant may receive, whether that estim ate com es from the defendant's attorneys this O ffice, or the probation office, is a prediction, not a prom ise, and is not binding on this Office, the probation office or the Court. The defendant understands further that any recom m endation that this Office m akes to the Court as to sentencing, w hether pursuant to this agreem ent or otherw ise, is not binding on the Court and the Court may disregard the recommendation in its entirety. The defendant understands and acknow ledges, as previously acknowledged in paragraph 2 above, that the defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant. this Office. or a recommendation made jointly by the defendant and this Office. This Office agrees that it w ill recom mend at sentencing that the Court reduce by two levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section 3El.1(a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative and tim ely acceptance of personal responsibility. If at the tim e of sentencing the defendant's offense level is determ ined to be l 6 or greater, this Office w il f5le a m otion requesting an additional one level decrease pursuant to Section 3El. l (b) of the Sentencing Guidelines, stating that the defendant has assisted authorities in the investigation or prosecution of the defendant's ow n m isconduct by timely notifying authorities of the defendant's intention to enter a plea of guilty,

and quantity of punishm ent. 6. The defendant is aw are that the sentence has not yet been determ ined by the Coul't.

4 Case 1:15-cr JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 4 of 6 thereby perm itting the governm ent to avoid preparing for trial and perm itting the government and the Court to allocate their resources efficiently. This Office, however, w ill not be required to make this motion and this recommendation if the defendant: (1) fails or refuses to make a fu l, accurate and complete disclosure to the probation office of the circum stances surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the government prior to entering into this plea agreement', or (3) commits any m isconduct after entering into this plea agreem ent, including but not Iim ited to com m itting a state or federal offense, violating any term of release, or m aking false statements or m isrepresentations to any governm ental entity or official. 8. The United States and the defendant agree that, although not binding on the probation office or the Court, they wil jointly recommend that the Court make the folowing findings and conclusions as to the sentence to be im posed: a. That Section 2C l.8 is the applicable Guidelines; b. That the base offense level is 8, pursuant to Section 2C l.8 (a) of the November l, 2014, Sentencing Guidelines; That the value of the ilegal transaction was more than $5000 but less than $ 10,000, resulting in a two (2) level enhancement under Sections 2C l.8(b)(1) and 2B l. I (b)(1)(b); d. That the defendant wilfuly obstructed or impeded the administration of justice with respect to the investigation of the instant offense of conviction, resulting in a two (2) Ievel enhancem ent under Section 3C l.1 ; and e. That the adjusted advisory ofense level is l 2. The defendant is aware that thesentence has not yet been determined by the Court. The defendant also is aware that any estimate of the probable sentencing range or

This Office, however, w ill not be required to make this motion and this recommendation if the defendant: (1) fails or refuses to make a fu l, accurate and complete disclosure to the probation office

5 Case 1:15-cr 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, this Office, or the Probation Office, is a prediction, not a prom ise, and is not binding on this O ffices the Probation O fice or the Court. The defendant understands further that any recolmm endation that this O ffice m akes to the Court as to sentencing, w hether pursuant to this agreement or otherwise, is not binding on the Court and the Court may disregard the recom m endation in its entirety. The defendant understands and acknow ledgess as previously acknowledged in paragraph 3 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 fice, or a recommendation made jointly by both the defendant and this Oftsce. 10. In the event the defendant w ithdraws from this agreem ent prior to or after pleading guilty to the charges identifsed in paragraph one ( l ) above or otherwise fails to fully comply with any of the term s of this plea agreem ent. this O ffice will be released from its obligations under this agreement. and the defendant agrees and understands that: (a) he thereby waives any protection afforded by the proffer Ietter agreem ent between the parties, Section l B 1.8 of the Sentencing Guidelines. Rule l (9 of the Federal Rules of Criminal Procedure, and Rule 410 of the Federal Rules of Evidence, and that anystatements made by him as part of plea discussions, any debrietsngs or interview s, or in this agreem ent, w hether m ade prior to or after the execution of this agreement, will be admissible against him without any Iimitation in any civil or criminal proceeding brought by the government; and (b) the defendant stipulates to the adm issibility and authenticitys in any case brought by the United States in any way related to the facts referred to in this agreements of any docum ents provided by the defendant or his representatives to any state or federal agency and/or this Office.

The defendant understands further that any recolmm endation that this O ffice m akes to the Court as to sentencing, w hether pursuant to this agreement or otherwise, is not binding on the Court and

6 Case 1:15-cr JEM Document 15 Entered on FLSD Docket 06/11/2015 Page 6 of 6 This is the entire agreement and understanding between this Office and the defendant. There are no other agreem ents, prom ises, representations, or understandings other than letter agreem ents. W IFREDO A. FERRER UNITED STA ES ATTORNEY. Date. # zr - By: ' MBERLY A. SELMORE ASSISTANT UNITED S S A TORNEY Date: lb By: - HENR P. BELL. ESQ. ATTORNEY FOR DEFENDANT Date:L 1.: r By:. < JEFF Y RCIA DEF NDANT 6

There are no other agreem ents, prom ises, representations, or understandings other than letter agreem ents. W IFREDO A.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT

Case 8:15-cr-00244-SDM-AEP Document 3 Filed 07/08/15 Page 1 of 15 PageID 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:15-CR-244-T-23AEP