Judgment — USA v. Barrera Almaguer et al (Dkt. 202, S.D. Fla.)
Summary
A judgment in a criminal case against Leiner Pena Infante in Case 9:22-cr-80118-DMM, 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 202. The defendant pleaded guilty to Count 20, money laundering, and the remaining counts are dismissed on the motion of the United States. The sentence is thirty-six months of imprisonment followed by three years of supervised release, and the defendant is remanded to the custody of the United States Marshal. The judgment orders joint and several restitution of $720,860.00 to Kabbage, a $100.00 special assessment and a forfeiture money judgment. The signature block names United States District Judge Donald M. Middlebrooks.
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Cite this document
“Judgment — USA v. Barrera Almaguer et al (Dkt. 202, 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-202-s-d-fla-8fb83e1de1/
, SHA-256 d58260cb3f0eeb23d478988f328b94f4701e6bbdbf77eaf5cd1fb23b67c5ffe6.Full text
Case 9:22-cr-80118-DMM Document 202 Entered on FLSD Docket 01/27/2023 Page 1 of 7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
UNITED STA TES OF AMERICA § JUDGMENT IN A CRIMINAL CASE
§
V. §
§ Case Number: 9:22-CR-80118-DMM(S)
LEINER PENA INF ANTE § USM Number: 14301-510
§
§ Counsel for Defendant: Andrew J. Smallman
§ Counse l for United States: Susan R. Osborne
THE DEFENDANT:
~ pleaded guilty to count(s) Twenty
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 il ty
The defendant is adjud icated guilty of th ese offenses:
Title & Section / Nature of Offense Offense Ended Count
18 : I 956(a)( I )(B)(i) Money Laundering 10/07/2020 20
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)
~ Remaining Count(s) D is ~ are dismissed on the motion of the United States
It is ordered that the defendant must notify the United 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 fully 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 202 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: LEINER PENA INF ANTE
CASE NUMBER: 9:22-CR-80118-DMM(S)
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-SIX (36) MONTHS as to Count 20.
1Z1 The court makes the following recommendations to the Bureau of Prisons:
The Defendant be designated to a facility in or as close to Naples, Florida as possible.
IZI 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 □ a.m. □ p.m. on
D as notified by the United States Marshal.
D The defendant shall surrender for service of sentence at the in stitution designated by the Bureau of Prisons:
D before 2 p.m. on
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
a t - - - - - - - - - - - - ~ with a certified copy of this judgment.
UN ITED STATES MARS HAL
By
DEPUTY UNITED ST ATES MARSHAL
Case 9:22-cr-80118-DMM Document 202 Entered on FLSD Docket 01/27/2023 Page 3 of 7
AO 2458 (Rev . FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 3 of 7
DEFENDANT: LEINER PENA INF ANTE
CASE NUMBER: 9:22-CR-80118-DMM(S)
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE (3) 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 ofa controlled 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. D You must make restitution in accordance with 18 U.S .C. §§ 3663 and 3663A or any other statute authorizing a sentence
of restitution . (check if applicable)
5. C8J You must cooperate in the co llection of DNA as directed by the probation officer. (check if applicable)
6. D 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. D You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions 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 202 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: LEINER PENA INF ANTE
CASE NUMBER: 9:22-CR-80118-DMM(S)
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of superv ision. 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 informed, 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 initially reporting to the probation office, you wi ll receive 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 permission 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. If 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 IO days before the change. If notifying
the probation officer in advance is not poss ible 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 hom e or elsewhere, and you must permit the probation officer
to take any items prohibited by the conditions of your supervision 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 emp loyment, unless the probation officer excuses you from
doing so. If you do not have full-time em ployment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
respons ibilities), you must notify th e probation officer at least IO days before the change. If notifying the probation officer at least 10
days 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.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you 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 firearm , amm unition, destructive d~vice, or dangerous weapon (i.e., anything that
was designed, or was modified for, the specific purpose of caus ing bodi ly 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 informant
without first getti ng the permission of the court.
12. If the probation officer determines that you pose a risk to another person (includin g an organization), the probation officer may
require you to notify the person about the risk and you must comp ly 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 related to the conditions of supervis ion.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment contain ing these conditions. I understand additional inform ation regarding these conditions is available at
www.tlsp.uscou1is.gov.
Defendant's Signature Date
Case 9:22-cr-80118-DMM Document 202 Entered on FLSD Docket 01/27/2023 Page 5 of 7
AO 2458 (Rev. FLSD 2/20) Jud gment in a Criminal Case Judgment -- Page 5 of 7
DEFENDANT: LEINER PENA INF ANTE
CASE NUMBER: 9:22-CR-80118-DMM(S)
SPECIAL CONDITIONS OF SUPERVISION
Association Restriction: The defendant is prohibited from associating with the codefendants in this case while
on supervised release.
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 not 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.
Surrendering to Immigration for Removal After Imprisonment: At the completion of the defendant's term
of imprisonment, the defendant shall be surrendered to the custody of the U.S. Immigration and Customs
Enforcement for removal proceedings 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 supervised
release, the defendant is to report to the nearest U.S. Probation Office within 72 hours of the defendant's arrival.
Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution,
fines, 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 202 Entered on FLSD Docket 01/27/2023 Page 6 of 7
AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 6 of 7
DEFENDANT: LEINER PENA INF ANTE
CASE NUMBER: 9:22-CR-80118-DMM(S)
CRIMINAL MONETARY PENALTIES
The defendant must a the total criminal moneta
Assessment Fine AV AA Assessment* JVT A Assessment**
TOTALS $ 100.00 $.00
D The determination of restitution is deferred until An Amended Judgment in a Criminal Case (A0245C) will be entered
after such determination.
00 The defendant must make restitution (including community restitution) to the following payees in the amoun t listed below.
To Kabbage
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S .C.
§ 3664(i), all nonfederal victims must be paid before the United States is paid.
D Restitution amount ordered pursuant to plea agreement$
D The defen dant must pay interest on restitution and a fine of more than $2,5 00, 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 12(f). All of the payment options on the schedu le of
pay ments page may be subject to penalties fo r delinquency and default, pursuant to 18 U .S.C. § 36 l 2(g).
D The court determined that the defendant does not have the ab il ity to pay interest and it is ordered that:
D the interest requirem ent is waived for the □ fine □ restitution
□ the interest requirement for the D fine □ restitution is modified as follows :
Restitution - It is further ordered that the defendant shall pay joint and severa l restitution in the amount of $720,860.00.
Upon release of incarceration , the defendant shall pay restitution at the rate of I 0% of monthly gross earnings, until such time as the
court may alter that payment schedule in the interests of justice. The U.S . Bureau of Prisons, U.S. Probation Office and U.S.
Attorney ' s Office shall monitor the payment of restitution and report to the court any material change in the defendant's ability to pay.
These payments do not preclude the government from using other assets or income of the defendant to satisfy the restitution
obligations.
* Amy, Vicky, and Andy Chi ld Pornography Victim Assistance Act of 20 18, 18 U.S.C. §2259.
** Justice fo r Victims of Trafficki ng Act of 20 15, 18 U.S.C. §30 14.
*** Fi ndings fo r the total amo un t of losses are required under Chapters I09A, I I0, I I0A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23 , 1996.
Case 9:22-cr-80118-DMM Document 202 Entered on FLSD Docket 01/27/2023 Page 7 of 7
AO 245 8 (Rev. FLSD 2/20) Judgment in a Criminal Case Judgment -- Page 7 of 7
DEFENDANT: LEINER PENA INF ANTE
CASE NUMBER: 9:22-CR-80 11 8-DMM(S)
SCHEDULE OF PAYMENTS
Having assessed the defendant' s ability to pay, payment of the tota l criminal monetary penalties is due as fo llows:
A IZJ Lump sum payments of$ 100.00 due im mediately, balance due
It is ordered that the Defendant shall pay to the United States a special assessment of $ 100.00 for Count 20, which shall be du e
imm ediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be addressed to:
U.S. C LERK 'S OFFICE
ATTN: FINANCIAL SECTION
400 NORT H MIAMI AVENU E, ROOM 8N09
MIAMI, FLORIDA 33128-7716
Un less the court has express ly ordered otherwise, if thi s j udgment imposes impri sonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons '
Inmate Financial Responsibi lity Program, are made to the clerk of the court.
The defendant shall receive credit for all payments prev iously made toward any crim inal monetary penalties imposed.
IBJ Jo int and Several with Case No. 22-801 18-CR-DMM Yunior Barrera Almaguer ( 1) in the amount of $720,860.00
See above for Defendant and Co- Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate.
IZI The defendant shall forfe it the defendant' s interest in the fo llowi ng property to the United States :
FORFEITURE of th e 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. 176). The United States shall submit a proposed Order of Forfeiture within three days of this proceeding.
Payments shall be applied in the fo llo wing order: ( 1) assessment, (2) restitution principal, (3) restitu tion interest, (4) A VAA assessment, (5 )
fine principal, (6) fin e interest, (7) community restitution, (8) JVT A assessment, (9) penalties, and ( I 0) costs, including cost of prosecution
and court costs.
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