Judgment — USA v. Barrera Almaguer et al (Dkt. 200, S.D. Fla.)
Summary
A judgment in a criminal case, United States of America v. Jorge S. Alvarez, Case Number 9:22-CR-80118-DMM(2), in the United States District Court for the Southern District of Florida, West Palm Beach Division, entered on the docket January 27, 2023 as Document 200. The defendant pleaded guilty to Count 5, conspiracy to commit money laundering, and the remaining counts are dismissed on the motion of the United States. The sentence is thirty months of imprisonment followed by two years of supervised release, with surrender set before 2 p.m. on February 24, 2023. The judgment orders joint and several restitution of $381,600.00, stating the total was $396,000.00 less $14,400.00 in payments the defendant made, plus a $100.00 assessment and a forfeiture money judgment. The signature block names United States District Judge Donald M. Middlebrooks.
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“Judgment — USA v. Barrera Almaguer et al (Dkt. 200, S.D. Fla.).”
Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-barrera-almaguer-et-al-dkt-200-s-d-fla-191eece70a/
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Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 1 of 7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
UNITED STATES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
V. §
§ Case Number: 9:22-CR-80118-DMM(2)
JORGE S. ALVAREZ § USM Number: 14156-510
§
§ Counse l for Defendant: Alfredo A. Izaguirre
§ Counsel for United States: Susan R. Osbo rne
THE DEFENDANT:
IZI pleaded gui lty to count(s) Five
pleaded guilty to count(s) before a U.S . Magistrate
□ Judge, which was accepted by the court.
pleaded nolo contendere to count(s) which was
□ accepted by the court
□ was found guilty on count(s) after a plea of not gu ilty
The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended Count
18: 1956(a)( I )(B)(i) and (h) Conspiracy to Commit Money Laund ering 08/30/202 1 5
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
D The defendant has been found not guilty on count(s)
IZI Remaining Count(s) D is IZI are dismissed on the motion of the United States
It is ordered that the defendant must notify the Un ited States attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines , restitution , costs, and specia l assessments imposed by this judgment are full y paid. If
ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic
circumstances.
DONALD M. MIDDLEBROOKS
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
Janua 26 2023
Date
Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 2 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 2 of 7
DEFENDANT: JORGE S. ALVAREZ
CASE NUMBER: 9:22-CR-80118-DMM(2)
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
THIRTY (30) MONTHS as to Count 5.
IZI The court makes the following recommendations to the Bureau of Prisons :
The Defendant be designated to a facility in or as close to South Florida as possible.
D The defendant is remanded to the custody of the United States Marshal.
D The defendant shall surrender to the United States Marshal for this district:
D at D a.m . D p.m. on
D as notified by the United States Marshal.
1ZJ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons. If not designated,
he shall surrender to the United States Marshal in Miami :
1ZJ before 2 p.m. on FEBRUARY 24, 2023
D as notified by the United States Marshal.
D as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows :
Defendant delivered on
- - - - - - - - - - - to
at _ _ _ _ _ _ _ _ _ _ _ __, with a certified copy of this judgment.
UN ITED ST ATES MARSHAL
By
DEPUTY UNITED ST ATES MARSHAL
Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 3 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 3 of 7
DEFENDANT: JORGE S. ALVAREZ
CASE NUMBER: 9:22-CR-80118-DMM(2)
SUPERVISED RELEASE
Upon re lease from imprisonment, the defendant shall be on supervised release for a term of: TWO (2) YEARS.
MANDATORY CONDITIONS
I. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a contro ll ed substance. You must submit to one drug test within 15 days of release
from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
□ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
substance abuse. (check if applicable)
4. □ You must make rest itution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence
of restitution . (check if applicable)
5. 0 You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. □ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et
seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. □ You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard cond iti ons that have been adopted by this court as well as with any additional
conditions on the attached page.
Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 4 of 7
AO 245B (Rev . FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 4 of 7
DEFENDANT: JORGE S. ALVAREZ
CASE NUMBER: 9:22-CR-80 l l 8-DMM(2)
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
imposed because they estab lish the basic expectations for your behavior while on supervision and identify the minimum tools needed
by probation officers to keep infonned, report to the court about, and bring about improvements in your conduct and condition.
I. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame .
2. After in itially reporting to the probation office, you will rece ive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting pennission from
the court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. lf you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must pennit the probation officer
to take any items prohibited by the conditions of your supervis ion that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of em ployment, unl ess the probation officer excuses you from
doing so. lfyou do not have full-time emp loyment you must try to find full-time employment, un less the probation officer excuses
you from doing so. lfyou plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least IO days before the change. If notifying the probation officer at least I 0
days in advance is not possible due to un anticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. lfyo u know someone has been
convicted ofa fe lony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a fireann , ammunition, destructive device, or dan gerous weapon (i.e., anything that
was designed, or was modified for, the specific purpose of caus ing bodily injury or death to another person such as nunchakus or
tasers).
11 . You must not act or make any agreement with a law enforcement agency to act as a confidential human source or infonnant
without first getting the pennission of the court.
12. lfthe probation officer detennines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction . The probation officer may contact the
person and confirm that you have notified the person about the risk.
13 . You must fo llow the instructions of the probation officer re lated to the conditions of supervision .
U.S. Probation Office Use Only
A U.S. prnbation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. I understand additional information regarding these conditions is avai lab le at
www.flsp.uscourts. gov.
Defendant's Signature Date
Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 5 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Crimin al Case Judgment -- Page 5 of 7
DEFENDANT: JORGE S. ALVAREZ
CASE NUMBER: 9:22-CR-80 l l 8-DMM(2)
SPECIAL CONDITIONS OF SUPERVISION
Association Restriction: The defendant is prohibited from associating with Yunior Barrera Almaguer, Dariel
Garcia Carmona, Jose Raul ..<\maro, Leiner Pena Infante, Yandre Garcia Hernandez or Eduardo Ramos Leyva
while on supervised release.
Cooperating with Immigration during Removal Proceedings: The defendant shall cooperate in any removal
proceedings initiated or pending by the U.S. Immigration and Customs Enforcement consistent with the
Immigration and Nationality Act. If removed, the defendant shall not reenter the United States without the prior
written permission of the Undersecretary for Border and Transportation Security. The term of supervised
release shall be non-reporting while the defendant is residing outside the United States. If the defendant reenters
the United States within the term of probation, the defendant is to report to the nearest U.S. Probation Office
within 72 hours of the defendant's arrival.
Employment Requirement: The defendant shall maintain full-time, legitimate employment and not be
unemployed for a term of more than 30 days unless excused for schooling, training or other acceptable reasons .
Further, the defendant shall provide documentation including, but not limited to pay stubs, contractual
agreements, W-2 Wage and Earnings Statements, and other documentation requested by the U.S. Probation
Officer.
Financial Disclosure Requirement: The defendant shall provide complete access to financial information,
including disclosure of all business and personal finances, to the U.S. Probation Officer.
No New Debt Restriction: The defendant shall nof apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or
through any corporate entity, without first obtaining permission from the United States Probation Officer.
Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a
reasonable manner and at a reasonable time by the U.S. Probation Officer.
Self-Employment Restriction: The defendant shall obtain prior written approval from the Court before
entering into any self-employment.
Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution,
fi nes, or special assessments, the defendant shall notify the probation officer of any material change in the
defendant's economic circumstances that might affect the defendant's ability to pay.
Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 6 of 7
AO 2458 (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 6 of 7
DEFENDANT: JORGE S. ALVAREZ
CASE NUMBER: 9:22-CR-80 l I 8-DMM(2)
CRIMINAL MONETARY PENALTIES
The defe ndant must a the total criminal moneta
Assessment Fine AV AA Assessment* NT A Assessment**
TOTALS $ 100.00 $.00
D The determ ination of restitution is deferred until An Amended Judgment in a Criminal Case (A 0245C) will be entered
after such determination .
IB] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
To TD Bank
If the defendant makes a partial payment, each payee shall receive an approx imately proportioned payment. However, pursuant to 18 U.S.C.
§ 3664(i), all nonfederal victims must be paid before the Uni ted States is paid.
D Restitution amount ordered pursuant to plea agreement$
□ The defendant must pay interest on restitution and a tine of more than $2,500, unless the restitution or fine is paid in full before
th e fifteenth day after the date of the judgment, pursuant to 18 U .S .C. § 36 l 2(t). All of the payment options on the schedule of
payments page may be subj ect to penalties for delinquency and default, pursuant to 18 U.S .C. § 3612(g).
D The court determined that the defendant does not have the ability to pay interest and it is ordered th at:
D the interest requirement is waived for the D tine □ restitution
D the interest requirement for the □ fine □ restitution is modified as fo llows:
Restitution - It is further ordered that the defen dant shall pay joint and severa l restitution in the amount of$381,600.00 (Total amount
ofrestitution was $396,000.00. Defendant received credit for payments he made in the amount $14,400.00.)
Upon release of incarceration, the defendant shall pay restitution at the rate of I 0% of monthly gross earnings, until such time as the
court may alter that payment schedu le in the interests of justice. The U.S. Bureau of Prisons, U.S. Probation Office and U.S .
Attorney's Office shall monitor the payment ofrestitution and report to the court any material change in the defendant' s ability to pay.
These payments do not prec lude the government from using other assets or income of the defendant to satisfy the restitution
obligations.
* Amy, Vicky, and Andy Chi ld Pornography Victim Assistance Act of 20 18, 18 U.S.C. §2259.
** Justice for Victims of Trafficking Act of 20 15, I8 U.S.C. §30 14.
*** Findings for the total amount of losses are required under Chapters 109A, I I0, I I0A, and 11 3A of Title 18 for offenses committed on or after
September 13, I994, but before Apri l 23, I996.
Case 9:22-cr-80118-DMM Document 200 Entered on FLSD Docket 01/27/2023 Page 7 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 7 of 7
DEFENDANT: JORGE S. ALVAREZ
CASE NUMBER: 9:22-CR-80 l l 8-DMM(2)
SCHEDULE OF PAYMENTS
Having assessed the defendant ' s ability to pay, payment of the total criminal monetary penalties is due as fo llows:
A !ZI Lump sum payments of$100.00 due immediately, balance due
It is ordered that th e Defendant shall pay to the United States a special assessment of $100.00 for Count 5, which shall be due
immediately. Sa id special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be addressed to:
U.S. CLERK'S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH MIAMI AVENUE, ROOM 8N09
MIAMI, FLORIDA 33128-7716
Unless the court has express ly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made through th e Federal Bureau of Prisons '
Inmate Financial Responsibility Program , are made to the clerk of th e court.
The defendant shall receive cred it for a ll payments previously made toward any criminal monetary penalties imposed.
[BJ Joint and Severa l with Case No. 22-80 I 18-C R-DMM Yunior Barrera Almaguer ( I) in the amount of $38 1,600.00
See above for Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and
Several Amount, an d corresponding payee, if appropriate.
IZI The defendant shall forfeit the defendant's interest in the fo llowing property to the United States:
FORFEITURE of the defendant's right, title and interest in certain property (money judgment) is hereby ordered
consistent with th e plea agreement and pursuant to the Preliminary Order of Forfeiture entered on January 23, 2023
(DE 173). The United States shall submit a proposed Order of Forfeiture within three days of this proceeding.
Payments shall be applied in the fo llowi ng order: ( 1) assessment, (2) resti tution principal , (3) restitution interest, (4) AV AA assessment, (5)
fine principal, (6) fine interest, (7) community restitut ion, (8) JVT A assessment, (9) penalties, and ( I 0) costs, including cost of prosecution
and court costs.
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