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Defendant's Motion for Downward Variance and Sentencing Memorandum — United States v. Alexandra Acosta

No. 0:23-cr-60170-RNS · Doc. 115 · Docket on CourtListener

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Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 1 of 20




                   IN THE UNITED STATES DISTRICT COURT

                 FOR THE SOUTHERN DISTRICT OF FLORIDA


   UNITED STATES OF AMERICA, )
                                  )
             Plaintiff,           )
                                  )
   v.                             )                    CASE NO. 23-cr-60170-RNS
                                  )
                                  )
   ALEXANDRA ACOSTA,              )
                                  )
             Defendant.           )
   _______________________________)


              DEFENDANT’S MOTION FOR DOWNWARD VARIANCE

                        AND SENTENCING MEMORANDUM

         COMES NOW, the Defendant, ALEXANDRA ACOSTA (“Acosta”), by and

   through the undersigned attorney, and respectfully motions this Court to grant a

   downward variance and impose a sanction limited to a term of probation in lieu of

   the 8-14 months of incarceration proposed by the sentencing guidelines. In support

   thereof, Acosta respectfully states as follows:

                                   INTRODUCTION

         1.     According to the Pre-Sentence Investigation Report (“PSR”) produced

   in the instant case, Acosta scores a final offense level of 11 and a criminal history
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 2 of 20




   category of I (she has no criminal history). As a result, the sentencing guidelines

   recommend a sanction of 8-14 months in prison. Acosta respectfully seeks a

   downward variance based on the factors enumerated in 18 U.S.C. 3553(a) including

   her personal characteristics, history of dedicated public service and community

   service, as well as the hardship her family would incur, should she be incarcerated,

   relating to caring for her four year old son who has a medical condition that requires

   constant care.

         2.     Acosta respectfully asks the Court to downward vary from Offense

   Level 11 to Offense Level 8 and sentence her to a term of probation. Acosta also

   wishes to perform community service.

                              MEMORANDUM OF LAW

         3.     When imposing a sentence, a court must consider the sentencing

   guidelines and calculate a total offense level and a criminal history category.

   However, the sentencing guidelines are merely “advisory” and sentencing courts

   must also consider the factors listed in 18 U.S.C. 3553(a), U.S. v. Booker, 543 U.S.

   220, 245-246 (2005). When imposing a sentence, the Court shall impose a sentence

   that is sufficient, but not greater than necessary. 18 U.S.C. 3553(a)

         4.     The Eleventh Circuit has held that “a District Court may determine, on

   a case-by-case basis, the weight to give the Guidelines, so long as that determination

   is made with reference to the remaining section 3553(a) factors that the court must
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 3 of 20




   also consider in calculating the defendant's sentence.” U.S. v. Hunt, 459 F.3d 1180,

   1185 (11th Cir. 2006).

         5.     In Pepper v. United States, 562 U.S. 476, 480, 131 S. Ct. 1229, 1235

   (2011), the U.S. Supreme Court stated,

                This Court has long recognized that [1] sentencing judges
                “exercise a wide discretion” in the types of evidence they
                may consider when imposing sentence and that “[h]ighly
                relevant--if not essential--to [the] selection of an
                appropriate sentence is the possession of the fullest
                information possible concerning the defendant's life and
                characteristics.” Id. quoting Williams v. New York, 337
                U.S. 241, 246-247 (1949)

         6.     The U.S. Supreme Court further opined:

                It has been uniform and constant in the federal judicial
                tradition for the sentencing judge to consider every
                convicted person as an individual and every case as a
                unique study in the human failings that sometimes
                mitigate, sometimes magnify, the crime and the
                punishment to ensue.” Koon v. United States, 518 U.S.
                81, 113, 116 S. Ct. 2035, 135 L. Ed. 2d 392 (1996).
                Underlying this tradition is the principle that “the
                punishment should fit the offender and not merely the
                crime.” Williams, 337 U.S. at 247, 69 S. Ct. 1079, 93 L.
                Ed. 1337; see also Pennsylvania ex rel. Sullivan v. Ashe,
                302 U.S. 51, 55, 58 S. Ct. 59, 82 L. Ed. 43 (1937) (“For
                the determination of sentences, justice generally requires
                consideration of more than the particular acts by which the
                crime was committed and that there be taken into account
                the circumstances of the offense together with the
                character and propensities of the offender”).

   Pepper at 487-88.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 4 of 20




         7.      Acosta presents before this Court for sentencing following her

   conviction at trial. As will be explained below, Acosta asks this Court to grant her a

   downward variance and impose a sanction that is limited to probation.




                        BASIS FOR DOWNWARD VARIANCE

   I.    Acosta’s Academic and Athletic Background

         8.      Ever since a young age, Acosta has exhibited great drive and

   determination, work ethic, athleticism, and academic excellence. She truly is the

   kind of person who sets high goals for herself and then works as hard as possible to

   attain those goals and excel at whatever it is she is working towards. When she

   graduated high school, she was awarded “Best All Around” student acknowledging

   her achievements both academically and athletically. By the time she graduated, she

   had done so well academically that she earned 6 college credits for successfully

   completing advanced placement courses. Following high school, Acosta was

   awarded a Florida Bright Futures Scholarship1 as well as a softball scholarship to

   attend Lynn University. While attending Lynn University in 2005, Acosta started

   every game as the shortstop for their National Championship softball team. For her


   1 The Florida Bright Futures Scholarship Program establishes lottery-funded scholarships to

   reward     Florida    high     school    graduates  for  high academic        achievement.
   (https://www.floridastudentfinancialaidsg.org/SAPBFMAIN/SAPBFMAIN)
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 5 of 20




   performance, she was selected “all-tournament” during the national championship

   tournament, which means she was one of the top five players in the national

   tournament. Thereafter, Acosta transferred and graduated from Valdosta State

   University, where she was a two-time All-American Shortstop, Defensive Player of

   the Year, Most Valuable Player, and two-time Gulf South Conference Player of the

   Year. In 2014, she was even inducted into the Valdosta State University Athletic Hall

   of Fame. Out of a desire to share her knowledge of softball, Acosta later became a

   softball coach and teacher at Lowndes High School, located in Valdosta, GA.



   II.   Acosta’s History of Public Service

         9.     Prior to her arrest in the instant case, Acosta dedicated more than 10

   years of her life serving the community as a Deputy Sheriff at BSO. Acosta pursued

   a career in law enforcement because she believes in the mission of law enforcement

   and believes strongly in public service. Given her personality and character, this

   career path was not only a natural one, but one she excelled at. Acosta took great

   personal satisfaction from her work in law enforcement and was proud to serve the

   community in that capacity. Acosta cherished her career deeply. It is a career she

   took very seriously, a career she devoted herself to wholeheartedly, and a career that

   she truly excelled at – all to the great benefit of the communities she served.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 6 of 20




         10.   Acosta’s law enforcement career began in October 2011 when she

   attained employment with the LIGHTHOUSE POINT POLICE DEPARTMENT

   (“LHPD”). During her time at LHPD, Acosta worked as a station house officer and

   as a public safety communicator (dispatcher). On October 30, 2012, Acosta began

   her studies at the Broward Police Academy. On April 17, 2013, Acosta graduated

   from the police academy with great distinction. She was voted class president by her

   peers, was the academic award winner, and the top overall cadet. Acosta submitted

   her application with BSO the day after graduation.

         11.   In support of her BSO application, Acosta submitted reference letters

   from an instructor at the police academy and two supervisors at LHPD who made

   the following observations of her character and performance:

                                   Deputy Ian Hunt

               I am an eleven-year deputy with the Broward Sheriff’s
               Office, police trainer, and have been one of only three class
               supervisors at the Broward College Police Academy for
               the past three years. For six months, while at the police
               academy, I supervised Alexandra on a daily basis while
               she was training to be a police officer.

               Alexandra has a positive attitude in everything that she
               does, regardless of the level of challenge. Even with the
               stress of the academic and physical requirements of the
               Academy, she kept a smile on her face, encouraging
               attitude toward her peers and a strong work ethic. Her
               academic GPA was the highest of 26 cadets in the 285th
               Academy, and she scored very highly on the physical
               profile as well. Alexandra was well respected by her
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 7 of 20




              classmates, and by the instructors, served as her class
              president, and frequently took leadership roles when the
              company commander was unable to do so.

              Based on my experience supervising Alexandra, I give her
              my strong personal recommendation…


                                Corporal M. Search

              Alex is an extremely dedicated and responsible worker.
              She has excellent verbal and communication skills, can
              work independently and can multi-task ensuring that all
              assignments are completed in a timely and efficient
              manner. During her time at the Lighthouse Point Police
              Department, she always exhibited a professional work
              ethic. She was extremely courteous and got along well
              with others.

              Alex has built and maintained an excellent rapport within
              our department. I have no doubt that she will be a great
              asset to any department that she becomes part of. I strongly
              recommend her for any endeavor that she chooses to
              pursue.


                              Officer Carmen Roldan

              I worked for New York Police Department for 20 years and
              was detached to the DEA for 14 years. I have currently
              been working for the Lighthouse Point Police Department
              for six and a half years… I have known Alex Acosta since
              she began working as a Station House Officer for the
              Lighthouse Point PD… Alex is a very hard-working
              individual who is always a pleasure to be around.

              As a dispatcher she always did her best to complete any
              assignment I asked for in a timely fashion… Alex was
              always willing to help with any tasks to make our job
              easier as officers…
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 8 of 20




                Alex would be an asset to your department. I feel that if
                given the opportunity she would excel as a Deputy Sheriff
                and do an excellent job representing the Broward Sheriffs
                Office…

   Exhibit 1 (LHPD Recommendation Letters)

         12.    BSO subsequently offered Acosta employment as a Deputy Sheriff

   which she graciously accepted. On June 3, 2013, Acosta began her first day at work

   as brand new Deputy Sheriff. She was first assigned to road patrol in the West

   Park/Pembroke Park district. While assigned to road patrol in West Park, she

   received two employee of the month awards and two commendations for her actions

   during certain incidents in West Park. There were several instances where she put

   others well-being before her own. In one instance, Acosta ran into a burning house

   and removed a family from the home in the middle of the night. In another incident,

   she responded to a call where three juveniles had been shot. With the possibility that

   the shooter was still in the vicinity, Acosta applied tourniquets to the three juveniles

   who had been shot while the possibility that the shooter was still nearby. There is no

   question that her brave actions saved the lives of those children. In another incident,

   she assisted a fellow deputy who was confined in a backyard while other deputies

   were actively being shot at. Even from her first assignments as a road patrol deputy,

   Acosta consistently proved to be a very brave deputy who assumed great personal

   risk to save others.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 9 of 20




          13.     While on road patrol, she used her personal time to train with the K-9

   unit because she was interested in becoming a K-9 handler. From 2014-2017, Acosta

   was also assigned to BSOs Quick Response Force2 (“QRF”). In June 2017, Acosta

   was 1 of 6 deputies selected to attend BSO’s very physically demanding Incident

   Containment Team3 (“ICT”) school in Miami-Dade County. She was ultimately one

   of four students to graduate and one of two selected to serve on BSO’s ICT K-9

   component.

          14.     The employee performance reviews that were written to memorialize

   her performance show that Acosta consistently either met BSO’s expectations or

   exceeded them. Exhibit 2 (BSO Employee Reviews) In a review from May 2022,

   Acosta’s performance as a Deputy Sheriff was described as follows:

                  Deputy Alexandra Acosta is an exceptional employee. She
                  is a Vapor Wake handler for ICT4. Her, along with her
                  partner “Bronx”, keep a high standard in areas of training
                  and daily operations.




   2 Quick Response Force members respond to critical incidents throughout Broward County to

   provide tactical assistance to other units responding to very dangerous situations.
   3 ICT is a specialized tactical unit BSO created in response to an active shooter incident that

   resulted in multiple deaths at Fort Lauderdale International Airport (“FLL”). ICT’s job is to patrol
   FLL to protect the public and dignitaries, such as the President of the United States, from active
   shooters, terrorists, and other threats.
   4 A “Vapor Wake Handler” is a specialized canine handler whose job is to interdict suicide bombers

   and other terrorists who possess concealed explosives at the airport.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 10 of 20




                Deputy Acosta regularly conducts terminal, vehicle, and
                curbside sweeps. She prepares and plans out many of
                ICT’s dignitary protection details. We receive several
                compliments from other agencies when Deputy Acosta
                helps with these protection details. Due to her knowledge
                and tactical ability, she is also tasked with assisting in
                fugitive apprehensions here at FLL.

                In November 2021, Deputy Acosta had little to no issues
                during her annual Vapor Wake Certification. After several
                days of intense testing, she and Bronx passed all the
                required tests. Furthermore, in the same month, Deputy
                Acosta instructed a Vapor Wake class for BSO’s ICT
                school.

                Deputy Acosta always ensures the passengers of FLL are
                safe and their property secure. She interacts with the
                public in a polite and professional manner. Deputy Acosta
                is an easy going individual that requires little supervision.
                She is a solid worker who continues to be a valuable part
                of the Incident Containment Team, Airport District, and
                the Broward Sheriffs Office.

   Exhibit 2 (BSO Employee Reviews)

         15.    In September 2018, while working on ICT at the airport, Deputy Acosta

   was informed that an adult male was found unresponsive inside the men’s restroom

   located in FLL’s Terminal 4. When she encountered the man, he was unresponsive

   with no pulse. A subsequent employee review described Acosta’s conduct during the

   incident as follows:

                Without hesitation, Deputy Acosta rendered aid by giving
                the subject CPR until rescue arrived. Nevertheless, the
                subject was transported to the hospital where he regained
                his pulse and regular breathing patterns. If it weren’t for
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 11 of 20




               Deputy Acosta’s swift thinking and application of life
               saving tactics, this subject may not be alive today. It was
               her courageous act in reference to the listed incident,
               which earned her the Broward County Sheriff’s Office
               Life Saving Award (03-1809-001983).”

   Id.

         16.   On February 21, 2018, Acosta (and other deputies) received a letter of

   commendation from BSO for their work in responding to a bomb threat that caused

   the emergency evacuation of three public schools during class. At the time, Acosta

   was working as a Vapor Wake Handler at FLL as described above. The letter of

   commendation noted the following:

               On January 25, 2018, the Broward Sheriff’s Office Bomb
               Squad responded to a bomb threat at Lauderdale Lakes
               Middle School and Boyd Anderson High School. Since
               there were three public schools in the same area, it created
               a challenge. Once all three schools were evacuated, a
               thorough search was conducted with the assistance from
               the Broward Sheriff’s Office District 3, FLL TSA Dogs
               and Vapor Dogs, Fort Lauderdale Police Department,
               Sunrise Police Department, and Miramar Police
               Department. The operation was a success due to the
               teamwork and professionalism displayed by each K-9
               team. At the conclusion of the operation, all students were
               able to safely and quickly return to their respective
               schools.

   Exhibit 3 (BSO Commendation Letter)

         It should be emphasized that responding to a bomb threat is one of the most

   dangerous jobs in law enforcement, yet it was one Acosta bravely attended to without
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 12 of 20




   hesitation. She showed up and did her job to the best of her ability and it contributed

   the safe ending everyone prayed for.

         17.    While working as a member of ICT at the airport, Acosta began to train

   for BSO’s SWAT school tryouts. Ultimately, it took Acosta three years of dedicated

   work to make it to SWAT. This was no easy task and it required Acosta to balance

   her full-time work as a Deputy Sheriff with her full-time work as a mother to young

   children. It was like having three full-time jobs. Preparing for SWAT tryouts also

   required Acosta to adhere to a very disciplined training schedule, including

   inordinate amounts of long-distance running and other grueling physical training.

   An example of Acosta’s perseverance is reflected in her efforts to make it to SWAT.

   Specifically, during her first tryout, Acosta failed because she missed her final test

   by only a few feet (she was required to carry a heavy weight a certain distance within

   a time-limit after being exhausted from other demanding physical challenges).

   However, this failure did not deter Acosta. In fact, it fueled her drive to succeed even

   further. She continued to train, work, and parent. She was later invited to attend a

   second SWAT tryout, which she passed. Upon entering and completing BSO’s

   SWAT School, Acosta earned the distinction of being the very first female to do so

   in BSO history. At the time of her arrest in the instant case, Acosta was assigned to

   BSO’s SWAT team.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 13 of 20




   III.   Acosta’s Charitable Work

          18.   Despite her demanding work and personal life, Acosta still found time

   to volunteer. The following itemizes highlights of the many charitable events she

   participated in:

          • Niko Softball Tournament benefitting a deceased firefighter’s family.
            Participated annually since 2014.
          • Robbie Love Softball Tournament 2017, 2018, 2019
          • Torch Run, 2017-2021
          • Ryan Owen’s Memorial Run, 2019-2022
          • Diabetes Walk, November 2022
          • Volunteered at schools for career day since 2014
          • Volunteered at St. David Church Carnival, Oct. 2023 and March 2023
          • Did construction for Habitat for Humanity, 2007



   IV.    Reference Letters from Family and Friends

          19.   Attached are reference letters from Acosta’s friends, family, and

   coworkers. The following excerpts offer insight to the Court through the lens of the

   people that have firsthand knowledge of Acosta’s character. Exhibit 4 (Character

   Reference Letters)

          20.   The first comes from JAY SANTALUCIA (“Santalucia”), who was

   Acosta’s first sergeant upon being hired at BSO and later, her sergeant a second time

   when she worked on BSO’s Quick Response Force (“QRF”) following:
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 14 of 20




               I have known Ms. Acosta for over 11 years. During that
               time, she has always been honest, loyal, and a dedicated
               and caring mother. Ms. Acosta has a great work ethic,
               from working road patrol to the Incident Containment
               Team to the SWAT Unit, she puts 100 percent into all of
               her assignments. Ms. Acosta has always been a team
               player and works well with her co-workers. I consider Ms.
               Acosta a very responsible individual, she has always been
               an upstanding person throughout the community and the
               agency.
   Id.

         21.   The second letter was written by KAELA ALLISON (“Allison”), who

   attended police academy with Acosta and who has known her ever since. Allison

   expressed the following observations of Acosta’s character:

               We first met at the police academy, and from the very
               beginning, I was struck by her leadership abilities,
               unwavering integrity, and genuine nature. Alex and I
               quickly became great friends, bonding over our shared
               passion for our profession and our commitment to making
               a positive difference in our community.

               Throughout the years, Alex has consistently demonstrated
               exceptional qualities that have earned her my deep respect
               and admiration. Her dedication to her work and her
               community is unparalleled, and she has always gone above
               and beyond to serve and protect others. Alex's leadership
               has been a source of inspiration to many, and her integrity
               has been a guiding light in both her personal and
               professional life.

               It is extremely sad and disheartening to see Alex going
               through this difficult situation. Alex has always been
               someone I could depend on, and she has become like
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 15 of 20




                family to me. Her strength, resilience, and commitment to
                doing what is right are qualities that I deeply admire.

                Alex is not only a dedicated professional but also a loving
                and devoted mother. She balances the demands of her
                career with her responsibilities as a parent with grace and
                unwavering commitment. Her children are a testament to
                her nurturing and caring nature, and she has always strived
                to provide them with a stable and loving environment.
   Id.

         22.    RONNIE DIMLER (“Dimler”) is a friend of Acosta who has known

   her for the past ten years. The two met while Dimler was employed as a captain at

   the Miramar Police Department. At the time, Acosta coached Dimler’s daughter’s

   high school softball team. As they got to know each other, Acosta expressed her

   interest in a career in law enforcement and Dimler mentored her as she pursued that

   goal. In his letter, he highlighted the following:

                I have had the privilege of witnessing Alexandra “Alex”
                Acosta unwavering integrity, compassion, responsibility
                throughout our acquaintance. Alexandra “Alex” Acosta
                has always been a person of high moral character,
                displaying honesty and truthfulness in all of her
                interactions. Alexandra “Alex” Acosta has consistently
                shown respect for others, treating individuals from all
                walks of life with dignity and kindness.
                Based on my knowledge of Alexandra “Alex” Acosta, I
                firmly believe that the actions alleged in the charges
                against her are uncharacteristic of her true nature. I
                genuinely believe that Alexandra “Alex” Acosta is a
                person of integrity who made a mistake and is deeply
                remorseful for the consequences it has caused.
   Id.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 16 of 20




         23.    Letters were also provided by Acosta’s mother and uncle, who describe

   her as being a good person, a very hard-working goal driven individual, who is good

   natured, and with strong character. Id.



   V.    Acosta’s Childcare Issues

         24.    Acosta’s son is a Type I diabetic. He is 4 years old. He attends school

   full time so that Acosta and her wife Erin, who is a sergeant at the Miramar Police

   Department (“Miramar PD”), are able to work. As working parents, they have to find

   the balance between work and caring for their son, who has a serious disease. They

   do not have a lot of help when it comes to watching their children when they are

   away from them because their family is very small and Acosta’s wife’s family resides

   out of state. Additionally, anyone who cares for their son has be educated on diabetes

   management because his condition can become life threatening very quickly. Since

   he is only 4 years old, he cannot manage the diabetes by himself and because he is

   so small, his blood sugar levels can vary much quicker than an adult which only

   exacerbates the risk to his health.

         25.    Acosta and her wife have encountered great difficulty finding schools,

   camps, and after school care that will accept him because of the liability that comes

   with watching over him due to his condition. When schools and camps do accept

   him, Acosta must maintain constant contact with them because they leave medical
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 17 of 20




   decisions to Acosta and her wife (they will not act independently and require a

   parent’s involvement) even when a routine diabetes related snafu arises. Overall,

   there are very few people who can care for their son in their absence.

         26.    If Acosta is incarcerated, it would create a substantial hardship for

   Acosta’s wife, because she is expected to work the night shift in the coming months,

   (Miramar PD allowed Acosta’s wife to switch from nights to days while the instant

   case was pending, however she is expected to be moved back soon). Exhibit 5

   (Letter from Amber Rhoads)



   VI.   Restitution

         27.    Restitution has already been paid in full and no amount is presently due.

   Shortly after Acosta’s arrest, when she learned of the substance of the allegations

   against her, she quickly instructed the undersigned to inform the government that

   she intended to pay full restitution regardless of the outcome of her case. This

   decision was based on her realization that she was given a loan that she was not

   entitled to receive and which she therefore had a duty to repay. This is significant

   because this sentiment was expressed long before she had any idea her case would

   proceed to trial or what the outcome of her case would be. Based on her instructions,

   the undersigned advised the government of Acosta’s intentions during his first

   communication with them about this case and before any other issue was ever
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 18 of 20




   discussed. Acosta never veered from this decision and ultimately made full

   restitution payment to the SMALL BUSINESS ADMINISTRATION (“SBA”). Had

   it been easier to pay back the SBA, Acosta would have paid them sooner. However,

   it took the undersigned some time to identify and contact the appropriate officials to

   make the necessary arrangements.

                                     CONCLUSION

         28.    Acosta has a documented and substantial history of public service and

   charitable work for more than 10 years prior to her arrest in this case. She has been

   recognized over and over again for her consistent exemplary work as a Deputy

   Sheriff, including for saving a man’s life at the airport and searching a school for

   bombs at her own peril. Not to mention, she bravely put herself in harm’s way to

   assist her fellow deputies when they were in trouble.

         29.    Every day Deputy Acosta went to work she assumed an inherent risk to

   her safety and her own life, especially when she served on ICT and SWAT. Where

   the undersigned’s job requires the donning of a suit and tie, Acosta’s job required

   her to wear a ceramic ballistic vest and helmet, carry multiple firearms, as well as

   emergency life-saving equipment such as tourniquets, chest seal, and quick clot

   bandages.

         30.    From her early days as a cadet at the police academy, to her

   performance on ICT and her graduation from SWAT school, Acosta was recognized
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 19 of 20




   for her dedication, work ethic, professionalism, and the very high quality of her work

   product – all of which comprise the service part of “public service” and “community

   service”.

         WHEREFORE, the Defendant and the undersigned attorney respectfully

   motion this Court to grant a downward variance and impose a sanction limited to a

   term of probation in lieu of the 8-14 months of incarceration proposed by the

   sentencing guidelines.

                                          Respectfully Submitted,

                                          /s/ Brian Silber
                                          ______________________________
                                          Brian Silber, Esq.
                                          Counsel for Alexandra Acosta
                                          Florida Bar #: 0640646
                                          916 South Andrews Avenue
                                          Fort Lauderdale, FL 33316
                                          954-462-3636 (ofc)
                                          silberlaw@gmail.com
                                          briansilberlaw.com




                            CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that a copy of this document was served on the

   following parties via CM/ECF on August 15, 2024.
Case 0:23-cr-60170-RNS Document 115 Entered on FLSD Docket 08/15/2024 Page 20 of 20




                                    SERVICE LIST

   AUSA Trevor Jones
   U.S. Attorney’s Office SDFL
   500 E. Broward Blvd, 7th Floor
   Ft. Lauderdale, FL 33394
   786-564-9109
   trevor.jones@usdoj.gov


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ec04a74b3cd95cd993e05d0af8c8b356c8b3d9634750def49c74aaeac1b88fe6
Our copy
gov.uscourts.flsd.654235.115.0.pdf
Original
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