Vacated per DE 106 - Judgment as to Carlos Vazquez (1), Count(s) 1-2 — USA v. Vazquez (Dkt. 71, S.D. Fla. No. 1:21-mj-02512, docketed in No. 1:21-cr-20231)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20231-DMM · Doc. 71 · 2021-11-17 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
MIAMI DIVISION 
UNITED STATES OF AMERICA 
V. 
CARLOS VAZQUEZ 
THE DEFENDANT: 
~ pleaded guilty to count(s) 
• 
pleaded guilty to count(s) before a U.S. Magistrate 
Judge, which was accepted by the court. 
• 
pleaded nolo contendere to count(s) which was 
accepted by the court 
• 
was found guilty on count(s) after a plea of not guilty 
The defendant is adjudicated guilty of these offenses: 
Title & Section/ Nature of Offense 
18:1343 Wire Fraud 18:1343.F 
18:1343 Wire Fraud 18:1343.F 
§ 
§ 
§ 
§ 
§ 
§ 
§ 
§ 
JUDGMENT IN A CRIMINAL CASE 
Case Number: 1:21-CR-20231-DMM(l) 
USM Number: 32306-004 
Counsel for Defendant: Albert Zachary Levin 
Counsel for United States: Hayden Patrick O'Byrne 
One and Two 
Offense Ended 
01/29/2021 
01/29/2021 
Count 
1 
2 
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing 
Reform Act of 1984. 
D 
The defendant has been found not guilty on count(s) 
D 
Count(s) D is 
D are dismissed on the motion of the United States 
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, 
residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If 
ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic 
circumstances. 
DONALD M. MIDDLEBROOKS 
UNITED STATES DISTRICT JUDGE 
Name and Title of Judge 
November 17, 2021 
Date 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 1 of 7

AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case 
Judgment -- Page 2 of 7 
DEFENDANT: 
CARLOS VAZQUEZ 
CASE NUMBER: 
1:21-CR-20231-DMM(l) 
IMPRISONMENT 
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 
FORTY-TWO (42) MONTHS as to Counts 1 and 2, to be served concurrently. 
IZI 
The court makes the following recommendations to the Bureau of Prisons: 
That the Defendant be placed in a facility where his medical issues can be treated. 
IZI 
The defendant is remanded to the custody of the United States Marshal. 
D 
The defendant shall surrender to the United States Marshal for this district: 
D 
at 
• 
a.m. 
D 
p.m. 
on 
D 
as notified by the United States Marshal. 
D 
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 
D 
before 2 p.m. on 
D 
as notified by the United States Marshal. 
D 
as notified by the Probation or Pretrial Services Office. 
RETURN 
I have executed this judgment as follows: 
Defendant delivered on ___________ to 
at------------~ with a certified copy of this judgment. 
UNITED ST A TES MARSHAL 
By 
DEPUTY UNITED STATES MARSHAL 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 2 of 7

AO 245B (Rev. FLSD 2/20) Judgm~nt in a Criminal Case 
DEFENDANT: 
CASE NUMBER: 
CARLOS VAZQUEZ 
1:21-CR-20231-DMM(l) 
SUPERVISED RELEASE 
Judgment-- Page 3 of7 
Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE (3) YEARS as to Counts One 
and Two, to run concurrently. 
MANDATORY CONDITIONS 
1. 
You must not commit another federal, state or local crime. 
2. 
You must not unlawfully possess a controlled substance. 
3. 
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release 
from imprisonment and at least two periodic drug tests thereafter, as determined by the court. 
D · The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future 
substance abuse. (check if applicable) 
4. • 
You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence 
ofrestitution. (check if applicable) 
5. 
IZ] 
You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) 
6. • 
You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et 
seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which 
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) 
7. • 
You must participate in an approved program for domestic violence. (check if applicable) 
You must comply with the standard conditions that have been adopted by this court as well as with any additional 
conditions on the attached page. 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 3 of 7

AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case 
Judgment-- Page 4 of7 
DEFENDANT: 
CARLOS VAZQUEZ 
CASE NUMBER: 
1 :2 l-CR-20231-DMM( 1) 
STANDARD CONDITIONS OF SUPERVISION 
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are 
imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed 
by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your 
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time 
frame. 
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and 
when you must report to the probation officer, and you must report to the probation officer as instructed. 
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from 
the court or the probation officer. 
4. You must answer truthfully the questions asked by your probation officer. 
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living 
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying 
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 
hours of becoming aware of a change or expected change. 
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer 
to take any items prohibited by the conditions of your supervision that he or she observes in plain view. 
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from 
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses 
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job 
responsibilities), you must notify the probation officer at least lb days before the change. If notifying the probation officer at least 10 
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of 
becoming aware of a change or expected change. 
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been 
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the 
probation officer. 
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that 
was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or 
tasers). 
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant 
without first getting the permission of the court. 
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may 
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the 
person and confirm that you have notified the person about the risk. 
13. You must follow the instructions of the probation officer related to the conditions of supervision. 
U.S. Probation Office Use Only 
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this 
judgment containing these conditions. I understand additional information regarding these conditions is available at 
www.flsp.uscourts.gov. 
Defendant's Signature 
Date 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 4 of 7

AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case 
Judgment -- Page 5 of 7 
DEFENDANT: 
CARLOS VAZQUEZ 
CASE NUMBER: 
1 :21-CR-20231-DMM(l) 
SPECIAL CONDITIONS OF SUPERVISION 
' 
Cooperating with Immigration during Removal Proceedings: The defendant shall cooperate in any removal 
proceedings initiated or pending by the U.S. Immigration and Customs Enforcement consistent with the 
Immigration and Nationality Act. If removed, the defendant shall not reenter the United States without the prior 
written permission of the Undersecretary for Border and Transportation Security. The term of supervised 
release shall be non-reporting while the defendant is residing outside the United States. If the defendant reenters 
the United States within the term of probation, the defendant is to report to the nearest U.S. Probation Office 
within 72 hours of the defendant's arrival. 
Credit Card Restriction: The defendant shall not possess any credit cards, nor shall he be a signer on any 
credit card obligations during his term of supervision, without the Court's approval. 
Financial Disclosure Requirement: The defendant shall provide complete access to financial information, 
including disclosure of all business and personal finances, to the U.S. Probation Officer. 
Mental Health Treatment: The defendant shall participate in an approved inpatient/outpatient mental health 
treatment program. The defendant will contribute to the costs of services rendered ( co-payment) based on 
ability to pay or availability of third-party payment. 
No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not 
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or 
through any corporate entity, without first obtaining permission from the United States Probation Officer. 
Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a 
reasonable manner and at a reasonable time by the U.S. Probation Officer. 
Substance Abuse Treatment: The defendant shall participate in an approved treatment program for drug 
and/or alcohol abuse and abide by all supplemental conditions of treatment. Participation may include 
inpatient/outpatient treatment. The defendant will contribute to the costs of services rendered ( co-payment) 
based on ability to pay or availability of third-party payment. 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 5 of 7

AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case 
DEFENDANT: 
CASE NUMBER: 
CARLOS VAZQUEZ 
1:21-CR-20231-DMM(l) 
CRIMINAL MONETARY PENALTIES 
The defendant must a the total criminal moneta 
Assessment 
Fine 
TOTALS 
$200.00 
$.00 
Judgment -- Page 6 of 7 
JVTA Assessment** 
• 
The determination ofrestitution is deferred until 
An Amended Judgment in a Criminal Case (A0245C) will be entered 
after such determination. 
[RI 
The defendant must make restitution (including community restitution) to the following payees in the amount listed below. 
See attached Victim List 
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C. 
§ 3664(i), all nonfederal victims must be paid before the United States is paid. 
D 
Restitution amount ordered pursuant to plea agreement $ 
• 
The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before 
the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(±). All of the payment options on the schedule of 
payments page may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). 
D 
The court determined that the defendant does not have the ability to pay interest and it is ordered that: 
IZJ 
the interest requirement is waived for the 
D 
the interest requirement for the 
D 
fine 
D 
fine 
1ZJ 
restitution 
• 
restitution is modified as follows: 
Restitution with Imprisonment- It is further ordered that the defendant shall pay restitution in the amount of$949,531.25. The Court 
directs that the check in the amount of $175,957.40 which the Defendant turned over to the United States, be applied as credit towards 
his restitution amount. 
Upon release of incarceration, the defendant shall pay restitution at the rate of 10% of monthly gross earnings, until such time as the 
court may alter that payment schedule in the interests of justice. The U.S. Bureau of Prisons, U.S. Probation Office and U.S. 
Attorney's Office shall monitor the payment ofrestitution and report to the court any material change in the defendant's ability to pay. 
These payments do not preclude the government from using other assets or income of the defendant to satisfy the restitution 
obligations. 
· 
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. §2259. 
** Justice for Victims of Trafficking Act of 2015, 18 U.S.C. §3014. 
*** Findings for the total amount oflosses are required under Chapters 109A, 110, l l0A, and 113A of Title 18 for offenses committed on or after 
September 13, 1994, but before April 23, 1996. 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 6 of 7

AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case 
Judgment-- Page 7 of7 
DEFENDANT: 
CARLOS VAZQUEZ 
CASE NUMBER: 
1 :2 l-CR-20231-DMM(l) 
SCHEDULE OF PAYMENTS 
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: 
A 
!ZI 
Lump sum payments of$200.00 due immediately, balance due 
It is ordered that the Defendant shall pay to the United States a special assessment of $200.00 for Counts 1 and 2 , which shall 
be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be addressed to: 
U.S. CLERK'S OFFICE 
ATTN: FINANCIAL SECTION 
400 NORTH MIAMI A VENUE, ROOM 8N09 
MIAMI, FLORIDA 33128-7716 
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is 
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' 
Inmate Financial Responsibility Program, are made to the clerk of the court. 
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. 
• 
Joint and Several 
See above for Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and 
Several Amount, and corresponding payee, if appropriate. 
IZI 
The defendant shall forfeit the defendant's interest in the following property to the United States: 
FORFEITURE of the defendant's right, title and interest in certain property is hereby ordered pursuant to the 
Preliminary Order of Forfeiture entered on November 17, 2021. The Court directs that the check in the amount of 
$175,957.40, which the defendant turned over to the United States be applied as credit toward his restitution amount. 
Payments shall be applied in the following order:(!) assessment, (2) restitution principal, (3) restitution interest, (4) AV AA assessment, (5) 
fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (I 0) costs, including cost of prosecution 
and court costs. 
Case 1:21-cr-20231-DMM   Document 71   Entered on FLSD Docket 11/17/2021   Page 7 of 7

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