Report and Recommendation on Change of Plea as to Count 1 of the indictment — USA v. Rendon (Dkt. 38, S.D. Fla.)

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U.S. District Court for the Southern District of Florida · No. 1:23-cr-20036-KMM · Doc. 38 · 2023-04-25 · Docket on CourtListener

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UNITED STATES DISTRICT COURT  
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 23-cr-20036-MOORE 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
vs. 
 
DANIELA RENDON, 
 
Defendant. 
___________________________________/ 
 
REPORT AND RECOMMENDATION ON CHANGE OF PLEA 
 
THIS CAUSE is before the Court following an Order of Reference to conduct a proceeding 
for acceptance of a guilty plea by Defendant Daniela Rendon. Based upon the change of plea 
hearing conducted on April 25, 2023, this Court makes the following findings, and recommends 
that the guilty plea be accepted. 
 
The undersigned advised Defendant of her right to have these proceedings conducted by 
the District Judge assigned to the case, and that this Court was conducting the change of plea 
hearing pursuant to an Order of Reference from the District Court. I further advised Defendant that 
the District Judge assigned to this case would be the sentencing judge and would make all findings 
and rulings concerning Defendant’s sentence. I advised Defendant that she did not have to permit 
the undersigned United States Magistrate Judge to conduct this hearing and could request that the 
change of plea hearing be conducted by the District Judge assigned to the case. Defendant, 
Defendant’s attorney and the Assistant United States Attorney all consented on the record to the 
undersigned conducting the change of plea hearing. 
The plea colloquy was conducted in accordance with the outline set forth in the Bench 
Book for District Judges, and in accordance with Fed. R. Crim. P. 11. 
Case 1:23-cr-20036-KMM   Document 38   Entered on FLSD Docket 04/25/2023   Page 1 of 3

 
Defendant pled guilty to Count 1 of the indictment, which charges her with wire fraud, in 
violation of Title 18, United States Code, Section 1343. I advised Defendant that the maximum 
sentence the Court could impose as to that count is a term of twenty years imprisonment; followed 
by a term of supervised release of up to three years; a fine of up to $250,000 or alternatively twice 
the gross gain or loss from the offense; and a mandatory special assessment of $100.00, which 
Defendant has agreed is due to be paid at the time of sentencing. Defendant was also advised of 
the possibility of restitution, forfeiture, and the potential for immigration consequences including 
deportation. Defendant acknowledged that she understood the possible maximum penalties that 
could be imposed in the case. 
 
To set forth the factual basis for the entry of the plea, the Government proffered the facts 
it would have established at trial. The Government established all the essential elements of the 
crime to which Defendant is pleading guilty. Defendant acknowledged that the facts proffered by 
the Government were accurate, and defense counsel agreed that the proffer satisfied all elements 
of the crime charged. 
 
The parties entered into a written plea agreement that was thereafter filed with the Court. 
I reviewed that plea agreement on the record and Defendant acknowledged that she had reviewed 
the entire agreement with counsel. Defendant acknowledged that she is satisfied with his attorney 
and that she has had a full opportunity to discuss all facets of her case with her attorney. Defendant 
indicated that she has reviewed discovery with counsel.  
 
Based upon all of the foregoing and the plea colloquy conducted by this Court, the 
undersigned finds that Defendant is fully competent and capable of entering an informed plea, that 
Defendant is aware of the nature of the charges and the consequences of the plea, and that the plea 
Case 1:23-cr-20036-KMM   Document 38   Entered on FLSD Docket 04/25/2023   Page 2 of 3

of guilty is a knowing and voluntary plea supported by an independent basis in fact containing 
each of the essential elements of the offense. 
 
Therefore, the undersigned recommends that Defendant be found to have freely and 
voluntarily entered her guilty plea to Count 1 of the indictment filed in this case, as more 
particularly described herein, and that Defendant be adjudicated guilty of the offense as charged. 
In addition, the undersigned specifically finds that the Defendant’s waiver of her right to appeal 
her sentence in this case is knowing and voluntary. 
 
A pre-sentence investigation report is being prepared for the District Court by the United 
States Probation Office. The sentencing will be set by separate order. 
The parties will have fourteen calendar days from the date of service of this Report and 
Recommendation within which to file written objections, if any, for consideration by the United 
States District Judge. Pursuant to Fed. R. Crim. P. 59(b), Eleventh Circuit Rule 3-1, and 
accompanying Internal Operating Procedure 3, the parties are hereby notified that failure to object 
in accordance with 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the District 
Court’s order based on unobjected-to factual and legal conclusions. See Thomas v. Arn, 474 U.S. 
140 (1985). 
Respectfully submitted in Chambers at Miami, Florida, this 25th day of April, 2023. 
 
 
________________________________ 
LAUREN F. LOUIS  
UNITED STATES MAGISTRATE JUDGE 
cc: 
The Honorable K. Michael Moore  
Counsel of record 
Case 1:23-cr-20036-KMM   Document 38   Entered on FLSD Docket 04/25/2023   Page 3 of 3

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