United States v. Yunior Barrera Almaguer — Plea Agreement, Southern District of Florida (Document 95)

Summary

A plea agreement between the United States Attorney's Office for the Southern District of Florida and Yunior Barrera Almaguer in Case No. 22-80118-CR-MIDDLEBROOKS/MATTHEWMAN, entered on the docket November 9, 2022 as Document 95. The defendant agrees to plead guilty to Count 5, conspiracy to launder money, and the Office agrees to seek dismissal of the remaining counts after sentencing. The parties jointly recommend a base offense level of 7, 18 levels for a loss of more than $3,500,000 but not more than $9,500,000, 2 levels under 18 U.S.C. § 1956 and 4 levels for an organizer or leader role, for an adjusted offense level of 31. The defendant agrees to a forfeiture money judgment of at least $8,400,000.00 and to forfeit vehicles including 2021 Cadillac Escalades and Rolls Royces. The agreement includes cooperation terms and an appeal waiver.

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Cite this document

“United States v. Yunior Barrera Almaguer — Plea Agreement, Southern District of Florida (Document 95).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-usa-v-barrera-almaguer-et-al-dkt-95-s-d-fla-c5878abbf0/, SHA-256 3935e32a7c63ee4637b4caf28b1fcff074c2da9f06eb6a12e08b7cc266af0112.

Full text

Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 1 of 9

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

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

UNITED STATES OF AMERICA

YUNIOR BARRERA ALMAGUER,

Defendant.

PLEA AGREEMENT

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

Office") and YUNIOR BARRERA ALMAGUER ("the defendant") enter into the following

agreement:

1. The defendant agrees to plead guilty to Count 5 of the Indictment, which

charges the defendant with conspiracy to launder money, in violation of Title 18, United

States Code , Section 1956(a)(1 )(B)(i) and (h) .

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
Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 2 of 9

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 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.

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

Count 5, 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

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Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 3 of 9

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 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 paragraph 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.

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Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 4 of 9

8. The defendant agrees that he shall cooperate fully with this Office by: (a)

providing truthful and complete information and testimony, and producing documents,

records and other evidence , when called upon by this Office, whether in interviews , before

a grand jury, or at any trial or other Court proceeding ; and (b) appearing at such grand

jury proceedings , hearings , trials, and other judicial proceedings , and at meetings , as may

be required by this Office . In addition , the defendant agrees that he will not protect any

person or entity through false information or omission, that he wi ll not falsely implicate

any person or entity, and that he will not commit any further crimes .

9. This Office reserves the right to evaluate the nature and extent of the

defendant's cooperation and to make that cooperation, or lack thereof, known to the Court

at the time of sentencing. If in the sole and unreviewable judgment of this Office the

defendant's cooperation is of such quality and significance to the investigation or

prosecution of other criminal matters as to warrant the Court's downward departure from

the advisory sentencing range calculated under the Sentencing Guidelines and/or any

applicable minimum mandatory sentence , this Office may make a motion prior to

sentencing pursuant to Section 5K1 .1 of the Sentencing Guidelines and/or Title 18, United

States Code, Section 3553(e) , or subsequent to sentencing pursuant to Rule 35 of the

Federal Rules of Criminal Procedure , informing the Court that the defendant has provided

substantial assistance and recommending that the defendant's sentence be reduced .

The defendant understands and agrees , however, that nothing in this agreement requires

this Office to file any such motions, and that this Office's assessment of the quality and

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Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 5 of 9

significance of the defendant's cooperation shall be binding as it relates to the

appropriateness of this Office's filing or non-filing of a motion to reduce sentence .

10. The defendant understands and acknowledges that the Court is under no

obligation to grant a motion for reduction of sentence filed by the government. In addition ,

the defendant further understands and acknowledges that the Court is under no obligation

of any type to reduce the defendant's sentence because of the defendant's cooperation .

11 . 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 2S 1.1(a)(1) and 2B 1.1(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 $3 ,500 ,000 but not

more than $9 ,500 ,000, the defendant's offense level should be adjusted upward by 18

levels 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. Role: Because the defendant was an organizer or leader of a

criminal activity that involved five or more participants , the defendant's offense level

should be adjusted upward by 4 levels.

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Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 6 of 9

e. Adjusted Offense Leve( The applicable adjusted offense level

(before adjustment for acceptance of responsibility) under all of the circumstances of the

offense committed by the defendant is 31 .

12. 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.

13. 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 $8 ,400 ,000.00 in U.S.
currency , which sum represents the value of the property subject to
forfeiture ;
b. directly forfeitable property, including but not limited to , $72 ,339 in cash ;

6
Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 7 of 9

c. substitute property, including but not limited to :
1. 2021 Cadillac Escalade , 4 Dr. Sport Platinum 6.2L, V8 , VIN No.
1GYS3GHL2MR258015 ;
11. 2021 Cad illac Esca lade Sport Platinum 4 Dr. Sport, VIN No.
1GYS4GKL8MR237263 ;
111. 2021 Cadillac Escalade ESV Utility 40 Sport Platinum , VIN No.
1GYS3RKL2MR323196 ;
Iv. 2021 Aluma Ltd Vehicle Trailer 30', VIN No. 1YGUS3029MB227570;
v. 2019 Big Tex Trailer, VIN No. 16VCX2029K2058030;
vI . 2013 Rolls Royce , VIN No. SCA664S58DUX51779 ;
vii . 2018 Rolls Royce , VIN No. SCA664S59JUX54475 ; and
viii . Real property located at 14020 SW 34th St., Miami, FL 33175 ,
parcel no. 30-4915-001 -1128.

14. 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 .

15. 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 indi rect

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

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Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 8 of 9

of forfeiture , and not contesting or impeding in any way with any criminal , civil or

administrative forfeiture proceeding concerning the forfeiture .

16. 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.

17. The defendant is aware that Title 18, United States Code , Section 37 42 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

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Case 9:22-cr-80118-DMM Document 95 Entered on FLSD Docket 11/09/2022 Page 9 of 9

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 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.

18. 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

By ~ SB~ E~ - ---
ASSISTANT UNITED STATES ATTORNEY

Date: II/,, ,Lz

Date : fl} q / 2-'c-
YUNIO ~ ERA ALMAGUER
DEFENDANT

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