Plea Agreement — United States v. Alfredo Hudson (S.D. Fla., Dkt. 15)

Summary

Plea Agreement in United States of America v. Alfredo Hudson, Case 1:23-cr-20060-RKA, in the U.S. District Court for the Southern District of Florida, entered 03/28/2023 as Document 15. The defendant agrees to waive indictment and to plead guilty to a one-count felony Information charging wire fraud, in violation of Title 18, United States Code, Section 1343, which carries a statutory maximum of up to 20 years, supervised release of up to 5 years and a fine of up to $250,000. The Office agrees to recommend a two-level reduction for acceptance of responsibility, and the parties jointly recommend a base offense level of 7 with a 4-level increase for a loss of more than $15,000 and less than $40,000. The defendant agrees to forfeit proceeds and to make restitution of $7,638 to the state, reflecting unemployment benefits received.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case 1:23-cr-20060-RKA Document 15 Entered on FLSD Docket 03/28/2023 Page 1 of 5




                            UNITED STATES DISTRICT COURT
                            SO UTHERN DISTRICT OF FLORIDA

                           C ase No.23-20060-C r-A LTM A N/REID


   UNITED STATES OF AM ERICA

  VS,

  ALFREDO HUDSON,
                Defendant.
                                      /

                                    PLEA AG REEM ENT

          The Office ofthe United States Attorney forthe Southern DistrictofFlorida (fdthis
  Office'landthe defendant,ALFREDO HUDSON,enterinto thefollowing agreement:
          1,    Pursuantto Rule 7(b) ofthe Federal.Rules of CriminalProcedure,the
  defendantagreesto waive indictmentand to plead guiltyto a one-countfelony Inform ation

  which charges him with wire fraud,in violation ofTi
                                                    tle 18,United State: Code, Section
  1343.

          2.    The defendantisaware thathissentence willbe im posed by the Coud after

  considering the advisory.Federal Sentencing Guidelines and Policy Statements
  (hereihafter..Sentenck
                       lng Guidelines,,) The defendantacknowledges and understands
                                          .



  thatthe Courtw illcom pute an advisory sentence underthe Sentencing Guidelines and
  thatthe applicable guidelineswillbe determined by the Courtrelying in parton the resul
                                                                                       ts

  ofa pre-sentence investigation by the Court's probation office, w hich investigation w ill

  comm ence afterthe guilty plea has been entered. The defendantis also aware that,

  under certain circum stances, the Coud m ay depart from the advisory sentencing

  guideline range thatithas com puted and may raise orIowerthatadvisorysentence under
Case 1:23-cr-20060-RKA Document 15 Entered on FLSD Docket 03/28/2023 Page 2 of 5




  the Sentencing G uidelines. The defendantis furtheraware and understands thatthe

   Coud is required to consider the advisory guideline range determined under the

   Sentencing Guidelines,butis notbound to impose a sentence withinthatadvisoryrange'
                                                                                    ,

  the Coud is perm itted to tailorthe ultim ate sentence in Iightofotherstatutory concerns,

  and such sentence m ay be either m ore severe or I
                                                   ess s:vere than the Sentencing
  Guidelines' advisory range. Knowing these facts, the defendant understands and

  acknowledges thatthe Courthas the authority to im pose any sentence within and up to

  the statutory maxim um authorized by Iaw forthe offense identified in paragraph 1 and

  thatthe defendantm ay notwithdraw the plea solely as a resultofthe sentence im posed.

         3.     The defendant also understands and acknowledges thatthe Court may

  im pose a statutory maxim um term ofim prisonm entofup to 20 years followed by a term

  ofsupervised release ofupto 5years,afine ofupto $250,000,and mayorderforfeiture
  and restitution. The Courtalso m ust impose a specialassessm entin the amountof

  $100,and the defendantagreesto pay the specialassessmentimposed atthe time of
  sentencing.

        4.      This O/ce reservesthe rightto inform the Courtand the probation office of
  aIIfacts pedinentto the sentencing process,including aIIrelevantinform ation concerning

  the offensescomm itted,whethercharged ornot,aswellasconcerning the defendantand
  the defendant's backgrbund. Subjectonl
                                       y to the express terms ofany agreed-upon
  sentencing recom mendationscontained in this agreem ent,this Om ce furtherreservesthe

  rightto make any recom mendation asto the quality and quantity ofpunishment.
        5.      This Office agrees that it willrecommend at sentencing that the Coud

  reduce by two Ievelsthe sentencing guideline Ievelapplicable tothe defelidant's offense,

  pursuantto Section 3E1.1(a)ofthe Sentencing Guidelines,based uponthe defendant's
                                             2
Case 1:23-cr-20060-RKA Document 15 Entered on FLSD Docket 03/28/2023 Page 3 of 5




   recognition and affirm ati
                            ve and tim elyacceptance ofpersonalresponsibility.Ifatthe time

   of sentencing the defendant's offense Ievelis determined to be 16 or greater,the

   governmentwillfile a m otion requesting an additionalone Ieveldecreasè pursuantto

   Section 3E1.1(b)ofthe Sentencing Guidelines,stating thatthe defendanthas assisted
   authorities inthe investigation orprosecutionofthe defendant's ownm isconductby timely

   notifyingauthoritiesofthe defendant's intentionto entera plea ofguil
                                                                      ty,thereby perm itting

  the governmentto avoid preparing fortrialand perm itting the governmentand the Coud
  to allocate theirresources efficiently. This Office however,w illnotbe required to m ake
                                                                                         .




  this recommendation (or any agreed recommendation contained within this plea
  agreement)ifthe defendant:(1)fails orrefuses to make a full,accurate and complete
  disclosure to the probation omce ofthe circumstances surrounding the relevanto#ense
                                              /

  conduct'
         ,(2)is found to have misrepresented facts to the governmentpriorto entering
  into this plea agreem:nt;or(3)commits any misconductaqerentering into this plea
  agreement,including butnotIim ited to comm itting a state orfederaloffense,violating any

  term ofrelease,orm aking false statem ents orm isrepresentations to any governmental

  entity orofficial.

         6.     This Office and the defendantagree that,although notbinding on the Coud

  orthe probation office,they willjointly recommend thatthe Courtmake the following
  findingsandconclusionsastothesentenceto be imposed:(a)theapplicableSentencing
  Guidelines section forthe offense is 2B1.1;(b)pursuantto Section 2B1.1(a)(1),the
  applicable base offense Ievelis 7,
                                   'and (c)the Ioss in this case was more than $15,000
  and Iess than $40,000,and that as a result,the defendant's offense Ievelshould be
  increased by 4. This Office andthe defendantfudheragree thatexceptforthese agreed




  n
  o
  n
  -
  bi
   n
   d
   i
   n tr
     o
     i
     n
    gje
      c
      omme
         n
         d
         at
          i
          o
          n
          s,t
            ha
            ep
             r
             t
             i
             eso
               t
               h
               e
               rwi
                 sa
                  e
                  t
                 er
                  i
                  nt
                   h
                   ei
                    rf
                     u
                     lr
                      i
                      g
                      h
                      t
                      st
                       o )
Case 1:23-cr-20060-RKA Document 15 Entered on FLSD Docket 03/28/2023 Page 4 of 5




   advocate regarding the applicable advisory Sentencing Guidelines, the 18 U.S.C.

   53553(a)factors,and the ultimate sentenceto beimposed.
          7.     The defendantis aware thatthe sentence has notyetbeen determined by

   the Court. The defendantalso is aware thatany estimate ofthe probable sentencing

   range orsentence thatthe defendantm ay recei
                                              ve,whetherthatestimate comes from the

   defendant's attorney, the governm ent, or the probation office, is a prediction, not a

   prom ise,and is notbinding on the governm ent,the probation office orthe Court. The

   defendantunderstands furtherthatany recom mendation thatthe governm entmakes to

   the Coud as to sentencing,whether pursuantto this agreementor otherwise,is not

   binding on the Coud and the Coud may disregard the recom mendation in its entirety.
   The defendantunderstands and acknowledges,as previously acknowledged above,that

   the defendantm ay notwithdraw his plea based upon the Court's decision notto accept

   a sentencing recom mendation m ade by the defendant, the government, or a

   recommendation madejointly byboth the defendantandthisOffice.
          8.     The defendant agrees to forfeit to the United States, voluntarily and

   im mediatel
             y,aIIright,title and interestto any propedy,realorpersonal,w hich constitutes

   proceeds traceable to the offense ofconviction pursuantto Title 18,United States Code
                                                                                               !

   Section 981(a)(1)(C),as made applicable by Title 28,Uni
                                                         ted States Code,Section
   2461(c). Thedefendantalso understandsand acknowledgesthatthe Courtmustorder
   restitution forthe fullam ountofthe victim's Iosses pursuantto 18 U .S.C.Section 3663A.

   In addition to the m andatory restitution due to the victim s ofthe offense ofconviction, the

  defendantalso agrees thatas partofthis plea agreem ent,he w illm akes restitution in the

   am ountof$7,638 to the State ofArizona reflecting unem ploym entbenefits received by
  the defendantto w hich he w as notentitled.
                                                4
Case 1:23-cr-20060-RKA Document 15 Entered on FLSD Docket 03/28/2023 Page 5 of 5




              This isthe entire agreem entand understanding between this Office and the

   defendant. There are no other agreements, prom ises, representations, or

   understandings.

                                        MARKENZY LAPOINTE
                                        UNITED STATES ATTORNEY


   Date:Vzy/zoIJ                 By: .
                                     r
                                        Edward N.Stamm
                                        AssistantUnited StatesAttorney


   Date: J /ze/x p               By:                  X ....
                                                           A=.t  .

                                        DanielEcarius
                                        AssistantFederalPublic Defender
                                        Attorney forDefendant



  Date:
      v5'z#'2.8                  By: X
                                        Alfredo Hudson
                                        Defendant


File and source

File

15-major-prep-tsv-rank-73.pdf

Size

224,323 bytes

SHA-256

c7a105909c5522ce877db6a87e85231bec3b58640c8b26554c5cf60f51bbebc9

Our copy

15-major-prep-tsv-rank-73.pdf

Original

PACER (login required)