United States v. Kenbrell Armod Thompkins — Plea Agreement, Southern District of Florida (Document 33)

Summary

A plea agreement in United States of America v. Kenbrell Armod Thompkins, No. 1:21-cr-20136, in the U.S. District Court for the Southern District of Florida, entered on the docket October 18, 2021 as Document 33. Thompkins agrees to plead guilty to Counts 1 and 3 of the Indictment, use of unauthorized access devices and aggravated identity theft, and the government agrees to seek dismissal of Count 2 after sentencing. The agreement states a maximum of ten (10) years' imprisonment on Count 1 and a mandatory two (2) years on Count 3, to run consecutively, plus a fine of up to $250,000 and restitution. Thompkins agrees to forfeit property including $6,000 in U.S. currency seized during the execution of the state search warrant in the case. The signature blocks name defense attorney Daniel Ecarius.

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Case 1:21-cr-20136-RNS Document 33 Entered on FLSD Docket 10/18/2021 Page 1 of 6




                              UN ITED STATES DISTRICT CO URT
                              SO UTH ER N DISTRICT O F FLO RIDA

                                  CA SE N O .21-CR -20136-SCO LA


   U NITED STATES O F AM ERICA

   VS.

   K EN BR ELL ARM O D TH O M PM NS,

                   Defendant.
                                               /

                                       PLEA AG REEM EN T

          TheUnitedStatesAttorney'sOfficefortheSouthernDistrictofFlorida(tûthisOft5ce'')and
   KENBRELL ARMOD THOMPKINS(theSsDefendanf')enterintothefollowingagreement:
                   The D efendantagrees to plead guilty to Counts 1and 3 ofthe lndictm ent,w hich

   counts charge the Defendant w ith the Use of Unauthorized Access Devices,in violation of 18

   U.S.C.jl029(a)(2),andwithAggravatedIdentityTheft,inviolationof18U.S.C.j1028A(a)(1),
   respectively.

                   The Office agrees to seek the dism issal of Count 2 of the Indictm ent, after

   sentencing.

                   The D efendant is aware that the sentence w ill be im posed by the Court after

   considering the advisory FederalSentencing Guidelines and Policy Statements (hereinafter
   ûûsentencing Guidelines''). The Defendantacknowledgesand understandsthatthe Courtwill
   com pute an advisory sentence underthe Sentencing G uidelinesand thatthe applicable guidelines

   w illbe determ ined by the Courtrelying in parton theresultsofa pre-sentence investigation by the

   Court'sprobation office,w hich investigation w illcom m ence afterthe guilty pleahasbeen entered.

   The Defendant is also aware that,under certain circum stances,the Courtm ay departfrom the
Case 1:21-cr-20136-RNS Document 33 Entered on FLSD Docket 10/18/2021 Page 2 of 6




   advisory sentencing guideline range that it has com puted,and m ay raise orlow erthat advisory

   sentence underthe Sentencing G uidelines. The D efendantis furtheraw are and understandsthat

   the Courtis required to consider the advisory guideline range determ ined under the Sentencing

   Guidelines,butisnotbound to im posea sentencew ithin thatadvisory range;the Courtisperm itted

   to tailorthe ultim ate sentence in lightofotherstatutory conoerns,and such sentencem ay beeither

   m ore severeorIesssevere than the Sentencing G uidelines'advisory range. K now ing thesefacts,

   the Defendant understands and acknow ledges that the Court has the authority to im pose any

   sentence w ithin and up to the statutory m axim um authorized by law forthe offenses identified in

   paragraph 1 and thatthe Defendantm ay notw ithdraw the plea solely as a resultofthe sentence

   im posed.

          4.     The Defendantalso understands and acknow ledges that,as to Count 1,the Court

   may imposeastatutory maximum term ofimprisonmentofup toten (10)years,followed by a
   term ofsupervisedreleaseofuptothree(3)years. AstoCount3,theCourtmustimpostaterm
   ofimprisonmentoftwo (2)years,torunconsecutivelytoanyterm ofimprisonmentimposed in
   Count 1,followed by a term of supervised release ofup to one (1)year,which may run
   concurrently to the term of supervised release imposed for Count l. ln addition to a term of

   imprisonmentand supervised release,the Courtmay imposea fine ofup to $250,000 and must
   orderrestitution asto each Count.

                 The D efendant further understands and acknow ledges that, in addition to any

   sentenceimposed underparagraph4ofthisagreement,aspecialassessm entintheamountof$100
   w illbe im posed on the D efendantforeach countofconviction. The D efendantagrees thatany

   specialassessm entim posed shallbe paid atthe tim e ofsentencing. lfa Defendantisfinancially

   unable to pay the specialassessm ent,the D efendantagreesto presentevidence to thisOffice and

                                                  2
Case 1:21-cr-20136-RNS Document 33 Entered on FLSD Docket 10/18/2021 Page 3 of 6




   the Courtatthe tim e ofsentencing asto the reasonsforthe Defendant'sfailure to pay.

          6.      This Office reservesthe rightto inform the Courtand the probation office ofall

   factspertinenttothe sentencing process,including a1lrelevantinform ation concerning the offenses

   com m itted,whether charged or not,as w ell as concerning the Defendant and the Defendant's

   background. Subjectonlytotheexpresstermsofanyagreed-uponsentencingrecommendations
   contained in thisagreem ent,thisOffice furtherreservesthe rightto m akeany recom m endation as

   to the quality and quantity ofpunishm ent.

          7.      This Office agrees that itw illrecom m end atsentencing thatthe Courtreduce by

   two levels the sentencing guidelines levelapplicable to the Defendant's offense, pursuant to

   Section 3E 1.1 of the Sentencing Guidelines, based upon the Defendant's recognition and

   affirm ative and tim ely acceptance of personal responsibility. If at the tim e of sentencing the

   D efendant'soffenselevelisdeterm ined to be 16orgreater,thisOfficew illfilea m otion requesting

   an additionaloneleveldecreasepursuanttoSection3E1.1(b)oftheSentencing Guidelines,stating
   thatthe D efendanthas assisted authorities in the investigation orprosecution ofthe Defendant's

   own m isconduct by timely notifying authorities of the D efendant's intention to enter a plea of

   guilty, thereby perm itting the governm ent to avoid preparing for trial and perm itting the

   governm entand the Courtto allocatetheirresourcesefficiently. H ow ever,thisOfficew illnotbe

   requiredto makethismotion andthisrecommendation iftheDefendant:(1)failsorrefusesto
   m ake a full, accurate, and com plete disclosure to the probation office of the circum stances

   surrounding the relevantoffense conduct;(2) is found to have misrepresented facts to the
   governmentpriorto entering into this plea agreement;or (3)commitsany misconductafter
   entering into thispleaagreem ent,including butnotlim ited to comm itting a stateorfederaloffense,

   violating any term of release, or m aking false statem ents or m isrepresenttions to any
Case 1:21-cr-20136-RNS Document 33 Entered on FLSD Docket 10/18/2021 Page 4 of 6




   governm entalentity orofficial.

          8.     The Defendantisaw arethatthe sentence hasnotyetbeen determ ined by the Court.

   The D efendantalso is aware thatany estim ate ofthe probable sentencing range or sentence that

   the Defendant m ay receive, whether that estim ate com es from the D efendant's attorney,this

   Office,orthe probation office,isaprediction,notaprom ise,and isnotbinding on thisOffice,the

   probation office,orthe Court. The Defendantunderstandsfurtherthatany recom m endation that

   this Office m akesto the Courtasto sentencing,w hetherpursuantto thisagreem entorotherwise,

   isnotbinding on the Court,and the Courtm ay disregard the recom mendation in itsentirety. The

   D efendantunderstandsand acknow ledges,aspreviously acknow ledged in paragraph 3 above,that

   the Defendant m ay not w ithdraw his plea based upon the Court's decision not to accept a

   sentencing recom m endation m ade by the Defendant, this Office,or a recomm endation m ade

   jointlybytheDefendantandthisOffice.
                 The Defendant agrees,in an individual and any other capacity,to forfeit to the

   United States, voluntarily and im m ediately, any right, title, and interest to any property

   constituting,or derived from ,proceedsthe person obtained directly or indirectly,asthe resultof

   suchviolation,pursuantto 18U.S.C.j982(a)(2)(B)andanypersonalpropertyusedorintended
   tobeusedtocommitsuchoffense,pursuantto 18U.S.C.j l029(c)(1)(C). Theproperty subject
   to forfeiture includes,butisnotlim ited to:

                         directly forfeitable property,including,butnotlimited to $6,000 in U.S.
          currency seized on January 19,2021 from the Defendant's apartm ent, located at 2775
          N ortheast187thStreet, Unit320,Aventura,Florida 33180,during the execution ofthe state

          search w arrantin thiscase.
Case 1:21-cr-20136-RNS Document 33 Entered on FLSD Docket 10/18/2021 Page 5 of 6




          l0.     The Defendantfurtheragreesthatforfeiture isindependentofany assessm ent,fine,

   cost,restitution,or penalty thatm ay be im posed by the Court. The Defendantknow ingly and

   voluntarily agrees to waive aIl constitutional, legal, and equitable defenses to the forfeiture,

   including excessive fines under the Eighth A m endm ent to the United States Constitution. ln

   addition,theDefendantagreestowaive:anyapplicabletimelimitsforadministrativeorjudicial
   forfeitureproceedings,therequirementsofFed.R.Crim.P.32.2and43(a),andanyappealofthe
   forfeiture.

          11.     TheD efendantalso agreesto fully and truthfully disclose the existence,nature and

   location ofallassets in w hich the Defendanthasorhad any director indirectfinancialinterestor

   control,and any assets involved in the offenses ofconviction. The D efendantagrees to take a1l

   steps requested by the United States forthe recovery and forfeiture ofallassets identified by the

   UnitedStatesassubjecttoforfeiture. Thisincludes,butisnotlimitedto,thetimelydeliveryupon
   request of a1l necessary and appropriate docum entation to deliver good and m arketable title,

   consenting to allordersofforfeiture,and notcontesting orim peding in any w ay w ith any crim inal,

   civiloradm inistrative forfeiture proceeding concerning the forfeiture.



                      (THISSECTION ISLEFT INTENTIONALLY BLANKI
Case 1:21-cr-20136-RNS Document 33 Entered on FLSD Docket 10/18/2021 Page 6 of 6




                This is the entire agreem ent and understanding between this O ffice and the

   D efendant. There are no otheragreem ents,prom ises,representations,orunderstandings.


                                      JUAN AN TON IO GON ZALEZ
                                      A CTIN G UN ITED STATES ATTORNEY


   Date:    /O '
               ?-r-z-1*
                      ?.-l By:
                                     EDUA RDO GA EA,JR .
                                     A SSISTAN T UN ITED STA TES ATTO RN EY


   Ilate: (afra/ zg           By:
                                     DANIEL ECARIUS,ESQ.
                                     A TTORNEY FOR DEFEN DAN T


   Ilate: lo I/> 1z.
                   )          By:
                                     K EN B LL ARM OD THOM PKIN S
                                     D EFEN DAN T


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