PLEA AGREEMENT as to Daniela Rendon — USA v. RENDON (Dkt. 40)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:23-cr-20036-KMM · Doc. 40 · 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
vs.
DANIELA RENDON,

Defendant.
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PLEA AGREEMENT

The United States Attorney’s Office for the Southern District of Florida (“this Office”) and
(hereinafter referred to as the “defendant”) enter into the following agreement:

1.‘ The defendant agrees to plead guilty to Count | of the indictment, which count charges
the defendant with wire fraud, in violation of Title 18, United States Code, Section 1343.

2. This Office agrees to seek dismissal of all remaining counts of the indictment, as to
this defendant, after sentencing.

3. The defendant is aware that the sentence will be imposed by the Court after considering
the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter “Sentencing
Guidelines”). The defendant acknowledges and understands that the Court will compute an
advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be
determined by the Court relying in part on the results of a pre-sentence investigation by the Court’s
probation office, which investigation will commence after the guilty plea has been entered. The
defendant is also aware that, under certain circumstances, the Court may depart from the advisory
sentencing guideline range that it has computed, and may raise or lower that advisory sentence

under the Sentencing Guidelines. The defendant is further aware and understands that the Court
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is requiréd to consider the advisory. guideline range determined under the Sentencing Guidelines,
but is not bound to impose a senteince within that advisory range; the Court is permitted to tailor
the ultimate sentence in light of other statutory concerns, and such sentence may be either more
severe or less severe than the Sentencing Guidelines’ advisory range. Knowing these facts, the
defendant understands and acknowledges that the Court has the authority to impose any sentence
within and up to the statutory maximum authorized by law for the offense(s) identified in
paragraph | -and that the defendant may not withdraw the plea solely as a result of the sentence
imposed.

4. The defendant also understands and acknowledges that the Court may impose a
statutory maximum term of imprisonment of up to 20 years, followed by a term of supervised
release of up to three years. In addition to a term of imprisonment and supervised release, the
Court may impose a finé of up to $250,000 and may order forfeiture and restitution.

5. The defendant further understands and acknowledges that, in addition to any sentence
imposed, under paragraph 4 of this agreement, a special assessment in the amount of $100 will be
imposed on the defendant. The defendant agrees that any special assessment imposed ‘shall be

paid at the time of sentencing. Ifa defendant is financially unable to pay the special assessment,

the defendant agreés to present evidence to this Office and the Court at the time of sentencing as

to the reasons for the defendant’s failure to pay.

6. This Office reserves the right to inform the Court and the probation office of all facts
pértifient to the sentencing process, including all relevant information concerning the offenses
committed, whether charged or not, as well as concerning the defendant and the defendant’s
background. Subject only to the express terms of any agreed-upon sentencing recommendations

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contained in this agreement, this Office further reserves the right to make any recommendation as

to the quality and quantity of punishment.
7. This Office and the defendant agree that, although not binding on the probation office

or the Court, they will jointly recommend that the Court make the following firidings and

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conclusions as to the sentence to be imposed:

Loss: That the relevant amount of actual, probable or intended loss under Section

2BL.1(b)(1)_of the Sentencing Guidelines resulting from the offense committed in this case is
$4,401,290. |

8. This Office agrees that it will recommend at sentencing that the Court reduce by two
levels the sentencing guideline level applicable to the defendant’s offense, pursuant to Section
3E1.1(a) of: the Sentencing Guidelines, based upon the defendant’s recognition and affirmative
and timely acceptance of personal responsibility. If at the time of sentencing the defendant’s
offense level is determined to be 16 or greatér, this Office will file a motion requesting an
additional one level decrease pursuant to Section 3E1.1(b) of thé Sentencing Guidelines, stating
that the defendant has assisted authorities in the investigation or prosecition of the defendant’s
own tnisconduct by timely notifying authorities of the defendant’s intention to enter a plea of
guilty, thereby permitting the government to avoid preparing. for trial and permitting the
government and the Court to allocate their resources efficiently. This Office, however, will not
be required to make this motion and this recommendation if the defendant: (1) fails or refuses to
make a full, accurate and complete disclosure to the probation office of the circumstances
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 misconduct after

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entering into this plea agreement, including but not limited to committing a state or federal offense,
violating any term of release, or making false statements or misrepresentations to any
governmental entity or official.

9. The defendant is aware that the sentence has not yet been determined by the Court.
The defendant also is aware that any estimate of the probable sentencing range or sentence that the
defendant may receive, whether that estimate comes from the defendant’s attorney, this Office, or
the probation office, is a prediction, not a promise, and is not binding on this Office, the probation

office or the Court. The defendant understaiids further that any recommendation that this Office

-makes'to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding

on the Court and the Court may disregard the recommendation in its entirety. The defendant
understands and acknowledges, as previously acknowledged in paragraph 3 above, that the
defendant may not withdraw his/her 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.

10. The defendant is aware that Title 28, United States Code, Section 1291 and Title 18,
United States Code, Section 3742 afford the defendant the right to appeal the sentence imposed in
this case. Acknowledging this, in exchange for the undertakings made by the United States in
this plea-agreement, the defendant hereby waives all rights conferred by Sections 1291 and 3742
to appeal any sentence imposed, including any restitution order, or to appeal the manner in which
the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the

result of ar upward departure and/or an upward variance from the advisory guideline range that

the Court establishes at sentencing. The defendant further understands that nothing in this

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agreement shall affect the government’s right and/or duty to appeal as set forth in Title 18, United
States Code, Section 3742(b) and Title 28, United States Code, Section 1291. However, if the
United States appeals the defendant’s sentence pursuant to Sections 3742(b) and 1291, the
defendant shall be released from the above waiver of his right to appeal his sentence.

11. The defendant further hereby waives all rights conferred by Title 28, United States
Code, Section 1291 to assert any claim that (1) the statute(s) to which the defendant is pleading
guilty is/are unconstitutional; and/or (2) the admitted conduct does not fall within the scope ofthe
statute(s) of conviction.

12. By signing this agreement, the defendant acknowledges that the defendant has
discussed the appeal waiver set forth in this agreement with the defendant’s attorney. The.
defendant further agrees, together with this Office, to request that the Court enter a specific finding
that the defendant’s waiver of his right to appeal the sentence imposed in this case and his right to
appeal his conviction in the manner:described above was knowing and voluntary.

13. The defendant agrees; in an individual and any other capacity, to forfeit to the United
States, voluntarily and immediately, any right, title, and interest to any property, real or personal,
involved in the violation of 18 U.S.C. § 1957 and any property traceable to such property, pursuant
to 18 U.S.C.§ 982(a)(1)(C). In addition, the defendant agrees to forfeiture of substitute property
pursuant to 21 U.S.C.§ 853(p).

14. The defendant further agrees that forfeiture is independent of any assessment, fine,
cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and
voluntarily agrees to waive all constitutional, legal, and equitable defenses to the forfeiture,
including excessive fines under the Eighth Amendment to the United States Constitution. In

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addition, the defendant agrees to waive: any applicable time limits for administrative or judicial
forfeituré proceedings, the requireménts of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the
forfeiture.

15, The deferidant recognizes that pleading guilty may have consequences with respect
to the defendant’s immigration status if the defendant is not a citizen of the Unitéd States. Under
federal law, a broad range of crimes are removable offenses, including the offense to which
defendant is pleading guilty. Removal and other immigration consequences are the subject ofa
separate proceeding, however, and defendant understands that no one, including the defendant’s
attorney or the Court, can predict to a certainty the effect of the defendant’s conviction on the
defendant’s immigration status. The defendant nevertheless affirms that the defendant wants to
plead guilty regardless of any immigration consequences that the defendant’s plea may entail, even
if the consequence is the defendant’s automatic removal from the United States.

16. In the event the defendant withdraws from this agreement before or after pleading
guilty to the charges identified in paragraph two above, or should the Office, in its sole discretion,
determine that the defendant has failed to fully comply with any of the terms of this plea agreement,
the Office will be released from its obligations under this agreement, and the defendant agrees and
understands that the defendant has adopted the entire Factual Proffer as the defendant’s statements,
and the defendant has stipulated to the admissibility of the Factual Proffer in any case brought by

the United States.
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17. This is the entire agreement and understanding between this Office and the

defendant: There are no other agreements, promises, representations, or undérstandings.

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

‘Date: of aa) By: Vena Ua 48, OA bac —
JONATHAN BAILYN
ASSISTANT UNITED STATES ATTORNEY

Date: 3/20/2023 By: a

ROBERT MANDELL
ATTORNEY FOR DEFENDANT

03/47 /.2023 L.
Date: By:

DANIELA RENDON
DEFENDANT

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