Plea Agreement — United States v. Daniel Fleureme (S.D. Fla., Dkt. 16)

Summary

A Plea Agreement, Document 16, entered 10/31/2024 on the FLSD docket in Case 1:24-cr-20407-JEM, Case No. 24-20407-Cr-MARTINEZ/SANCHEZ, United States of America vs. Daniel Fleureme, in the United States District Court, Southern District of Florida. The defendant agrees to waive indictment and plead guilty to a one-count Information charging wire fraud, acknowledging a statutory maximum of up to 20 years and a special assessment of $100. The parties agree to jointly recommend a loss between $95,001 and $150,000, a final offense level of 11 and an advisory range of 8-14 months, and the Office agrees to recommend the low end if conditions are met. The defendant waives most appeal rights.

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Case 1:24-cr-20407-JEM Document 16 Entered on FLSD Docket 10/31/2024 Page 1 of 6

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No. 24-20407-Cr-MARTINEZ/SANCHEZ

UNITED STATES OF AMERICA
vs.
DANIEL FLEUREME,

Defendant.
/

PLEA AGREEMENT

The Office of the United States Attorney for the Southern District of Florida (“this
Office”) and the defendant, DANIEL FLEUREME, enter into the following agreement:

1. Pursuant to Rule 7(b) of the Federal Rules of Criminal Procedure, the
defendant agrees to waive indictment and to plead guilty to a one-count felony Information
charging him with wire fraud, in violation of Title 18, United States Code, Section 1343.

2. The defendant is aware that his 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
Case 1:24-cr-20407-JEM Document 16 Entered on FLSD Docket 10/31/2024 Page 2 of 6

Court is required to consider the advisory guideline range determined under the
Sentencing Guidelines, but is not bound to impose a sentence 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 identified in paragraph 1 and
that the defendant may not withdraw the plea solely as a result of the sentence imposed.

3. 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 3 years, a fine of up to $250,000, may order forfeiture, and
must order restitution. The Court also must impose a special assessment in the amount
of $100, and the defendant agrees to pay the special assessment imposed at the time of
sentencing.

4. This Office reserves the right to inform the Court and the probation office of
all facts pertinent 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 contained in this agreement, this Office further reserves the
right to make any recommendation as to the quality and quantity of punishment.

5. 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
2
Case 1:24-cr-20407-JEM Document 16 Entered on FLSD Docket 10/31/2024 Page 3 of 6

of sentencing the defendant’s offense level is determined to be 16 or greater, the
government will file a motion requesting an additional one level decrease pursuant to
Section 3E1.1(b) of the Sentencing Guidelines, stating that the defendant has assisted
authorities in the investigation or prosecution of the defendant’s own misconduct 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 recommendation (or any agreed recommendation contained within this plea
agreement) 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 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.

6. This Office and the defendant agree that, although not binding on the Court
or the probation office, they will jointly recommend that the Court make the following
findings and conclusions as to the sentence to be imposed: (a) the applicable Sentencing
Guidelines section for the offense is 2B1.1; (b) pursuant to Section 2B1.1(a)(1), the
applicable base offense level is 7; (c) the loss in this case was between $95,001 and
$150,000, and as a result, pursuant to Section 2B1.1(b)(1)(E), the defendant’s offense
level should be increased by 8 levels; (d) if the defendant is found to meet all the criteria
set out in Section 4C1.1(a)(1)-(10), then this Office agrees that the defendant’s offense

level should be reduced by two levels pursuant to Section 4C1.1(a); and (e) assuming the
3
Case 1:24-cr-20407-JEM Document 16 Entered on FLSD Docket 10/31/2024 Page 4 of 6

defendant is found to qualify for Criminal History Category |, and earns both the zero-
point offender reduction and the reduction for acceptance of responsibility, the parties
agree that the defendant's final offense level should be Level 11, with an advisory
Guidelines sentencing range of 8-14 months in prison, within Zone B as set out in
Sections 5C1.1(c) and (e).

7. Although not binding on the Court or the probation office, this Office further
agrees that if the defendant qualifies as a zero-point offender, earns the reduction for
acceptance of responsibility, and complies with all the terms of his bond, then this Office,
after full consideration of the facts and circumstances of this case in light of the advisory
Sentencing Guidelines range and the factors set out in Title 18, United States Code,
Section 3553(a), will recommend that the defendant be sentenced at the low end of the
8-14 month advisory Guidelines sentencing range that is recommended in Paragraph 6
of this Plea Agreement.

8. 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, the government, or the probation office, is a prediction, not a
promise, and is not binding on the government, the probation office or the Court. The
defendant understands further that any recommendation that the government 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 above, that

the defendant may not withdraw his plea based upon the Court’s decision not to accept
Case 1:24-cr-20407-JEM Document 16 Entered on FLSD Docket 10/31/2024 Page 5 of6

a sentencing recommendation made by the defendant, the government, or a
recommendation made jointly by both the defendant and the government.

9. The defendant is aware that Title 18, United States Code, Section 3742 and
Title 28, United States Code, Section 1291 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 3742 and 1291 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 an 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
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 appellate
rights. By signing this agreement, the defendant acknowledges that he has discussed
the appeal waiver set forth in this agreement with his attorney. The defendant further
agrees, together with the United States, to request that the Court enter a specific finding
that the defendant’s waiver of the defendant’s right to appeal the sentence to be imposed

in this case was knowing and voluntary.


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