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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“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/
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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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