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Defendant’s Sentencing Memorandum, United States v. Eduardo Ramos Leyva (S.D. Fla., January 23, 2023)

Summary

A defendant's sentencing memorandum in United States of America v. Eduardo Ramos Leyva, Case No. 22-CR-80118, in the United States District Court for the Southern District of Florida, entered on the docket January 23, 2023 as Document 179. It states that the defendant was arrested on or about August 3, 2022, immediately accepted responsibility, cooperated with the government and signed a written plea agreement and factual proffer. It asks the court to consider factors under 18 USC § 3553(a), including rehabilitation, deterrence and recidivism, and cites a Sentencing Commission recidivism study, requesting an alternative sentence. It notes that the plea agreement reflects that the government may file a § 5K1.1 motion. The memorandum is submitted by defense counsel Louis V. Martinez.

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Cite this document

“Defendant’s Sentencing Memorandum, United States v. Eduardo Ramos Leyva (S.D. Fla., January 23, 2023).” Original at ecf.flsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-usa-v-barrera-almaguer-et-al-dkt-179-s-d-fla-3cfb270ffe/, SHA-256 ae400d827a960af51489d6a312a38c775c2a938c19fbff235d5ad27375d5fe86.

Full text

Case 9:22-cr-80118-DMM Document 179 Entered on FLSD Docket 01/23/2023 Page 1 of 4



                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA
                                   CASE NO. 22-CR-80118


 UNITED STATES OF AMERICA,

          Plaintiff,

  Vs.

  EDUARDO RAMOS LEYVA,

          Defendant,


                       DEFENDANT’S SENTENCING MEMORANDUM


         The defendant, EDUARDO LEYVA RAMOS, by and through her undersigned counsel,

  and pursuant to U.S.S.G. § 6A1.2-3, p.s., Fed. R. Crim. P. 32 (d), (e)(2) and (f), and the Fifth

  Amendment to the United States Constitution, respectfully files his Sentencing Memorandum and

  as grounds therefore, states as follows:

                                      I.     INTRODUCTION

         Eduardo Leyva Ramos was born on August 4 1975, in Las Tunas, Cuba. Born to Eduardo

  Leyva Arndeo, age 83 and Esperanza Leyva Rodriguez, 78. Eduardo first moved to Quebec

  Canada in 2013. In January of 2015, he moved to the United States and settled in Miami, Florida.

  He has worked throughout his life. He currently lives with his wife Amira Abru. His friends and

  family are shocked that he involved himself in such an illegal scheme. Attached as exhibits you

  will find letters of support from family and friends in support of Mr. Eduardo Ramos.

         Prior to this incident Eduardo had no contact with law enforcement. After his arrest

  Eduardo immediately agreed to cooperate with the government and was debriefed on several

  occasions.
Case 9:22-cr-80118-DMM Document 179 Entered on FLSD Docket 01/23/2023 Page 2 of 4




          Eduardo was arrested on or about August 3, 2022. He immediately accepted responsibility

  in this case, he instantly offered his cooperation to the government, including providing

  information against the other co-conspirators in this matter. He has signed both a written Plea

  Agreement and Factual Proffer. At sentencing, EDUARDO LEYVA RAMOS, through Counsel,

  will tell this Court he has continued to make good decisions since his arrest in this case.




         II.     SENTENCING SUBMISSION AND REQUEST FOR ALTERNATIVE
                                     SENTENCE:

          Pursuant to U.S. v. Booker, 543 U.S. 220 (2005), the federal sentencing process has

  adopted a three-step approach. (See Fed. R. Crim. P. 11(M), amended December 1, 2007, U.S. v.

  Pugh, 515 F. 3d 1179 (11th Cir. 2008) and, most recently, Amendment 741 of the Sentencing

  Guidelines, effective November 1, 2010. First, the Court is to resolve any disputed guideline issues

  and determine the advisory guideline range. On October 15, 2018, the undersigned attorney filed

  objections to the PSR.

          Second, the Court is to consider if there are any factors that may warrant a departure from

  the advisory guideline range. As before U.S. v. Booker, 543 U.S. 220 (2005), the court is to depart

  when it is warranted under the facts and circumstances of a particular case. “The application of the

  guidelines is not complete until the departures, if any, that are warranted are appropriately

  considered,” U.S. v. Jordi, 418 F. 3d 1212, 1215 (11th Cir. 2005). To that end, Eduardo is grateful

  that the plea agreement, reflects the government may file a § 5K1.1 motion on his behalf;

  however, it fails to identify any additional factors that may warrant a
Case 9:22-cr-80118-DMM Document 179 Entered on FLSD Docket 01/23/2023 Page 3 of 4




   downward departure. Eduardo believes such additional factors exist; however, he will ask this

   Court to consider them under the sentencing factors of 18 USC § 3553.

          Lastly, the Court is to consider all of the sentencing factors of 18 USC § 3553(a) and

   impose sentence which is “reasonable” and not greater than necessary to achieve the sentencing

   objectives set forth in 18 USC § 3553(a). As set forth more fully below, Eduardo believes there

   are factors worthy of this Court’s consideration.

          Eduardo began his cooperation with government agents immediately. He signed a

   written plea agreement and a factual proffer, and he pled guilty in this case.

         A.      Rehabilitation, Deterrence and Recidivism.

          The sentencing factors of 18 USC § 3553(a)(1) include the nature and circumstances of

   the offense and the history and characteristics of the defendant. However, Eduardo Leyva is

   aware they also include the sentencing factors of 18 USC § 3553(a)(2), and this Court must also

   consider rehabilitation, deterrence and recidivism.

          The Court may also consider sentences entered on other cases with similar fact to ensure

   that there is no disparity between in sentencing. Recently in United States V. Derek Arces case

   number 22-CR-80257, the defendant was sentenced to 41 months. The defendant in that case

   was a licensed attorney in the state of Florida had a better understanding of our legal system and

   had a position of trust in the community. Eduardo does not have that level of formal education.

          The Sentencing Commission’s report, “Measuring Recidivism,” offers a statistical

   analysis of the type of person most likely and least likely to re-offend. The study demonstrates

   that the risk of Eduardo Leyva re-offending is extremely unlikely and shows how important it

   is in this case to limit any further incarceration. The study demonstrated that (1) those who are

   married are less likely to recidivate than those who were not; (2) those who have not used illicit
Case 9:22-cr-80118-DMM Document 179 Entered on FLSD Docket 01/23/2023 Page 4 of 4




   drugs are less likely to recidivate than those who did; (3) non-violent offenders are less likely to

   recidivate than violent offenders; (4) first time offenders are less likely to recidivate than repeat

   offenders; (5) those who are employed are less likely to recidivate than those who are not

   employed; and (6) those who are sentenced to non-jail sentences are less likely to recidivate

   than those who receive straight jail. Eduardo falls into most of these categories. With all that is

   known of this case and this defendant, there is no reason to believe this Court will ever see

   Eduardo Leyva again.

           Eduardo and Counsel thank this Court for considering our Request for Alternative

   Sentence. Counsel will have further remarks at the time of sentencing.



                                         Respectfully Submitted
                                         Louis V. Martinez
                                         Louis V. Martinez
                                         ESQ. FBN: 528862
                                         Law Offices of Louis V. Martinez
                                         8100 Oak Lane Suite 403
                                         Miami Lakes, Florida
                                         Tel: (305)358-4500
                                         Email: louisvmartinez14@gmail.com



                                 CERTIFICATE OF SERVICE

           I hereby certify that on January 23,. 2023, I electronically filed the foregoing

   document with the Clerk of the Court using CM/ECF. I also certify that the foregoing

   document is being served this day on all counsel of record.

                                         /s/Louis V. Martinez


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