Sentencing Memorandum, United States v. Javier Lazo Cabrera, No. 1:22-cr-20360 (S.D. Fla., March 22, 2024)
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Defendant's Sentencing Memorandum in United States v. Javier Lazo Cabrera, Case 1:22-cr-20360-RNS, in the United States District Court, Southern District of Florida, entered on the docket March 22, 2024 (Document 93). It asks the Court to consider varying downward from the advisory guideline range, and states that Cabrera sold his home and sent a payment of $540,923.83 to the US Marshal through counsel. It also states that Cabrera made the Dean's List at Keiser University and has grown his perfume business, employing 13 people. A letter from Keiser University dated May 20, 2019 and a congratulatory certificate from the City of Doral are attached; the memorandum is signed /s/ Michael Mirer.
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“Sentencing Memorandum, United States v. Javier Lazo Cabrera, No. 1:22-cr-20360 (S.D. Fla., March 22, 2024).”
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Case 1:22-cr-20360-RNS Document 93 Entered on FLSD Docket 03/22/2024 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-CR-20360-SCOLA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAVIER LAZO CABRERA,
Defendant.
/
SENTENCING MEMORANDUM
Defendant, JAVIER LAZO CABRERA, hereby files his Sentencing Memorandum
and asks this Court to consider varying downward from the advisory guideline range. In
support of this request, Cabrera states as follows:
The law is well-settled that this Court must consider the factors set forth in Title 18
U.S.C. § 3553 when fashioning an appropriate sentence in this case. United States v.
Crawford, 407 F.3d 1174, 1178 (11th Cir. 2005). While § 3553 sets forth a wide range of
factors that must be evaluated, this Court may weigh some factors more heavily than
others. United States v. Clay, 483 F.3d 739, 743 (11th Cir. 2007). One of the factors that
should be given consideration here is the efforts Cabrera has made to right his wrong.
United States v. Kim, 364 F.3d 1235, 1244 (11th Cir. 2004)(Pre-Booker affirmance of
downward departure based on extraordinary payment of restitution).
Cabrera understands the severity of his offense and the need for just punishment.
He is also prepared to accept this punishment. However, he has also done more than
simply plead guilty. As noted in his PSI, he has provided the government with all of the
Case 1:22-cr-20360-RNS Document 93 Entered on FLSD Docket 03/22/2024 Page 2 of 6
information required to prosecute him and agreed to cooperate.
Cabrera has also gone to great lengths to demonstrate that he fully accepts
responsibility for his actions and is remorseful. Cabrera sold his home. He took the
proceeds from that sale and sent a payment of $540,923.83 to the US Marshal (through
counsel). He did so under his own volition and for the purpose of fixing his mistake. It is
this extraordinary pre-sentencing effort to atone for his criminal act that sets him apart from
other offenders.
There are other things that set Cabrera apart and should be considered when
determining the appropriate sentence in this case. Cabrera has always worked hard and
continues to do so. He made the Dean’s List while attending Keiser University. See
attached Letter from Keiser University. He has since grown his perfume business
remarkably, employing 13 people. The business received accolades from the City of Doral
for Cabrera’s entrepreneurial achievements. See attached Certificate. Cabrera is truly the
backbone of the business and 13 employees rely on him for their paychecks.
Those employees are not the only ones who are dependent on Cabrera. He fully
supports his mother and step-father. His mother suffers from depression and anxiety and
diabetes. Cabrera is her caretaker as she does not drive. His step-father is deaf and
mute. Neither will be able to see Cabrera if he is incarcerated. Cabrera acknowledges that
he made some poor decisions. He also realizes the impact that his poor decisions have
and will continue to have on those closest to him. He simply pleads with this Court to
consider these and other factors raised at the sentencing hearing when determining his
sentence in this case.
-2-
Case 1:22-cr-20360-RNS Document 93 Entered on FLSD Docket 03/22/2024 Page 3 of 6
WHEREFORE, Cabrera respectfully requests this Court vary downward from the
advisory sentencing guidelines when imposing a sentence in this case.
Respectfully submitted,
/s/ Michael Mirer
MICHAEL MIRER, ESQ.
100 N. Biscayne Blvd.,
Suite 1300
Miami, Florida 33130
Telephone: (305) 536-6177
Facsimile: (305) 536-6179
E-mail: michael@mirerlaw.com
Florida Bar No. 119490
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed
electronically and served on all counsel of record using the cm/ecf filing system this 22nd
day of March, 2024.
/s/ Michael Mirer
MICHAEL MIRER, ESQ.
-3-
Case 1:22-cr-20360-RNS Document 93 Entered on FLSD Docket 03/22/2024 Page 4 of 6
Exhibit “A”
Case 1:22-cr-20360-RNS Document 93 Entered on FLSD Docket 03/22/2024 Page 5 of 6
Keiser University
IO00W Blvd
F1 Larderdale. FL 33309
Toll Free: 1-866- KEISER /
Telephone
1-888-453.
Far (954) 618-6848
May 20, 2019
Javier Lazo Cabrera
15833 SW 66th Terrace
Miami, FL 33193
Dear Javier
Congratulations! You have been placed on the Dean 's List at Keiser University. This is
one of the highest academic honors in the collegiate environment. Our Dean 's List
recipients have earned between az3 .75 to 4.0 grade point average, thereby demonstrating
a great deal of discipline, dedication, and hard work in a challenging academic
environment. You have now joined this elite group of students, based on your
outstanding scholastic achievement, who have received this merit award
Please allow me to formally applaud this achievement. In addition, I challenge you to
remain on the Dean 's List throughout your academic career at Keiser University, as you
continue to move forward and strive to achieve your personal and professional goals
Again, let me congratulate you once more on your achievement of being placed on the
Dean's List, and if I or anyone on the eCampus team can be of assistance please feel free
to contact us I look forward to following your academic success here at Keiser
University
Sincerely
Dean o he Latin Division
Keiser University - - eCampus
cc: file
www .keiseruniversity .edu
Case 1:22-cr-20360-RNS Document 93 Entered on FLSD Docket 03/22/2024 Page 6 of 6
CONGRATULATORY CERTIFICATE
presented to
Javier Lazo
As Mayor and on behalf of the City Council and the residents of the City of Doral, I
take great pleasure in commending you for your accomplishments as the entrepreneur
and leader of EZENZIA Arabian Perfumes USA, As a distributor with exclusive
contracts with the most coveted Arabian brands in the world, you have become one of
the most successful distribution and sales companes in the union, distributing over
500 orders daily and providing employment to more than 13 individuals. Your hard
work in leading this impactful business truly serves as an inspiration to all
On this, the 4% day of the month of January 2024
Doral, Florida
Mayor Christi Fraga
DORAL FLORIDA
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