United States v. Vandre Garcia Hernandez — Plea Agreement, Southern District of Florida (Document 132)

Summary

A plea agreement between the United States Attorney's Office for the Southern District of Florida and Vandre Garcia Hernandez in Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN, entered on the docket November 22, 2022 as Document 132. The defendant agrees to plead guilty to Count 11 of the Indictment, money laundering, and the Office agrees to seek dismissal of the remaining counts after sentencing. The parties jointly recommend a base offense level of 7, an upward adjustment of 16 for a loss of more than $1,500,000 but not more than $3,500,000, and 2 levels under 18 U.S.C. § 1956, for an adjusted offense level of 25. The defendant reserves the right to argue for a 2-level decrease as a minor participant, and agrees to a forfeiture money judgment of at least $30,000. The agreement is dated 11-15-2022 and includes an appeal waiver.

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“United States v. Vandre Garcia Hernandez — Plea Agreement, Southern District of Florida (Document 132).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-barrera-almaguer-et-al-dkt-132-s-d-fla-7a9cf1262e/, SHA-256 40963d8e8c09997f52d309ae91830998bc6b3011277163ad27bdabc7bf979af6.

Full text

Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN

UNITED STATES OF AMERICA

v.
NOV 22 2022
VANDRE GARCIA HERNANDEZ,

Defendant.

PLEA AGREEMENT

The United States Attorney's Office for the Southern District of Florida ("this Office")

and VANDRE GARCIA HERNANDEZ ("the defendant") enter into the following agreement:

1. The defendant agrees to plead guilty to Count 11 of the Indictment, which

charges the defendant with money laundering, in violation of Title 18, United States Code ,

Section 1956(a)(1 )(B)(i) .

2. This Office agrees to seek dismissal of the remaining counts of the Indictment

after sentencing .

3. The defendant is aware that the 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
Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 2 of 7

is furthe r aware and understands that the Court is required to consider the advisory guideline

range determined under the Sentencing Guidelines but is not bound to impose a sentence

with in 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 .

4. The defendant also understands and acknowledges that with respect to Count

11 , the Court may impose a statutory maximum term of imprisonment of 20 years , followed

by a term of supervised release of up to 3 years . In addition to a term of imprisonment and

supervised release , the Court may impose a fine of up to $500,000 or twice the value of the

property involved in the transaction , whichever is greater, and shall order restitution.

5. The defendant further understands and acknowledges that , in addition to any

sentence imposed under the previous paragraph of this agreement, a special assessment

in the amount of $100 will be imposed . The defendant agrees that any special assessment

imposed shall be paid at the time of sentencing . If a defendant is financially unable to pay

the special assessment, the defendant agrees to present evidence to this Office and the

Court at the time of sentencing as to the reasons for the defendant's failure to pay.

6. 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
2
Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 3 of 7

recommendations contained in this agreement, this Office further reserves the right to make

any recommendation as to the quality and quantity of punishment.

7. The United States 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 of the Sentencing Guidelines , based upon the defendant's

recognition and affirmative and timely acceptance of personal responsibility . If at the time of

sentencing the defendant's offense level is determined to be 16 or greater, the government

will move for an additional one level decrease pursuant to Section 3E1 .1 (b) of the

Sentencing Guidelines . However, the United States will not be required to comply with this

pa ragraph if the defendant: (1) fails or refuses to make 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 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 , or making false statements

or misrepresentations to any governmental entity or official.

8. This Office and the defendant agree that, although not binding on the probation

office or the Court, they will jointly recommend that the Court make the following findings

and conclusions as to the sentence to be imposed :

a. Base Offense Level: The defendant's base offense level is 7, pursuant

to Sections 2S1 .1(a)(1) and 281 .1(a)(1) of the Sentencing Guidelines .

b. Loss: Because the relevant amount of actual , probable or intended loss

resulting from the offense committed in this case is more than $1 ,500,000 but not more than

3
Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 4 of 7

$3,500,000, the defendant's offense level should be adjusted upward by 16 under Section

2B1 .1(b)(1) of the Sentencing Guidelines.

c. Specific Offense Characteristic: Because the defendant will be

convicted under 18 U.S.C. § 1956, his offense level should be adjusted upward by 2 levels

under Section 2S1 .1 (b)(2)(B) of the Sentencing Guidelines .

d. Adjusted Offense Level~ The applicable adjusted offense level (before

adjustment for acceptance of responsibility) under all of the circumstances of the offense

committed by the defendant is 25 .

e. Role in the Offense: The defendant reserves the right to argue at

sentencing that he should receive a 2-level decrease as a minor participant in the offense,

pursuant to Section 3B1 .2 of the Sentencing Guidelines.

9. 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 in paragraph 3 above, that the defendant may

not withdraw his plea based upon the Court's decision not to accept a sentencing

recommendation made by the defendant, the government, or a recommendation made

jointly by both the defendant and the government.
4
Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 5 of 7

10. The defendant agrees, in an individual and any other capacity , to forfeit to the

United States, voluntarily and immediately, any property, real or personal , involved in such

offense , and any property traceable to such property, pursuant to 18 U.S.C. § 982(a)(1 ). In

addition , the defendant agrees to forfeiture of substitute property pursuant to 21 U.S.C. §

853(p). The property subject to forfeiture includes, but is not limited to :

a. a forfeiture money judgment in the sum of at least $30,000 in U.S. currency ,

which sum represents the value of the property subject to forfeiture.

11 . The defendant further agrees that forfeiture is independent of any assessment,

fine , cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly

and voluntarily agrees to waive all constitutional , legal, and equitable defenses to the

forfeiture, including excessive fines under the Eighth Amendment to the United States

Constitution . In addition , the defendant agrees to waive: any applicable time limits for

administrative or judicial forfeiture proceedings, the requirements of Fed . Rs. Crim . P. 32 .2

and 43(a) , and any appeal of the forfeiture.

12. The defendant also agrees to fully and truthfully disclose the existence, nature

and location of all assets in which the defendant has or had any direct or indirect financial

interest or control , and any assets involved in the offense of conviction. The defendant

agrees to take all steps requested by the United States for the recovery and forfeiture of all

assets identified by the United States as subject to forfeiture . This includes , but is not limited

to , the timely delivery upon request of all necessary and appropriate documentation to

deliver good and marketable title, consenting to all orders of forfeiture, and not contesting or

impeding in any way with any criminal , civil or administrative forfeiture proceeding

concerning the forfeiture .
5
Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 6 of 7

13. Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status if he is not a citizen of the United States. Under federal

law, a broad range of crimes are removable offenses, including the offense to which

defendant is pleading guilty. Removal and other immigration consequences are the subject

of a separate proceeding , however, and the defendant understands that no one , including

the defendant's attorney or the Court, can predict to a certainty the effect of the defendant's

conviction on his immigration status . Defendant nevertheless affirms that he wants to plead

guilty regardless of any immigration consequences that his plea may entail, even if the

consequence is his automatic removal from the United States .

14. 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 from the guideline

range that the Court establishes at sentencing , or if the sentence results from the Court's

calculation of a guideline range higher than that stipulated by the parties , or if the sentence

imposed is higher than the agreed upon guidelines. 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
6
Case 9:22-cr-80118-DMM Document 132 Entered on FLSD Docket 11/22/2022 Page 7 of 7
I • o •

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 district court enter a

specific finding that the defendant's waiver of his right to appeal the sentence to be imposed

in this case was knowing and voluntary.

15. This is the entire agreement and understanding between the United States

and the defendant. There are no other agreements, promises, representations , or

understandings.

JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY

Date: 11-15-2022 By:
SUSAN OSBORNE
ASSISTANT UNITED STATES ATTORNEY

Date: l l / a..(~7_
K~~~
ATTORNEY FOR DEFENDANT

------- - - - - - - - - - - -
VANDRE GARCIA HERNANDEZ
DEFENDANT

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