A. United States v. Tiphani Pereira Case No. 20-cr-20083 - SDFL - Judge Williams. November 12, 2020 (CJA)

Ms. Pereira was sentenced pertaining to a violation of 18 U.S.C. l 952(a)(3), Use of a facility in interstate or foreign commerce in aid of a racketeering enterprise, and 18 U.S.C. 1001(a)(2), Making a false statement to a federal officer. Counts 2 and 4 were dismissed at sentencing by the government.  Ms. Pereira scored a total offense level of 18 on her guidelines scoresheet with a criminal history category of I; namely, her imprisonment range was 27 to 33 months. Statutory provisions as to Counts one and three were a maximum of term of five years on each count, or ten years if run consecutively.  Following a contentious sentencing hearing where the government was requesting a guideline sentence, Judge Williams granted the Defendant's Motion for Downward Variance and sentenced Ms. Pereira to probation for a term of three years as to Counts one and three.  The Defense was able to effectively convince, through its sentencing memo and oral argument, Judge Williams that Ms. Pereira was a victim of her upbringing and environment. She was raised by a mother involved in human trafficking and was subjected to same at an early age, even with the complicity of her mother. Additionally, the government's C.I. was overly complicit in the operation that gave rise to Ms. Pereira's arrest and the C.I., by history, actually engineered and profited in Ms. Pereira's activities at issue.

B. United States v. Angelita Nicolas Case No. 21-cr-60228-RS- SDFL- Judge Smith. May 2, 2022 - (Private)

Ms. Nicolas was charged by Information with violation of21 U.S.C. §846, Conspiracy to Distribute
... Oxycodone after substantially assisting the government, in a pro-active manner, after being approached by DEA agents in conjunction with the execution of a search warrant of two of the Defendant's pharmacies.  The alleged scheme dealt with the traditionally alleged structure and methodology of a pill- mill operation whereby the statistics involving the dispensing of Oxycodone, 30 mg from said pharmacies, located in Broward and Palm Beach counties, far exceeded the dispensing of all Supplement to Application for an
Additional Three (3) Year Term on the CJA Panel for the Southern District of Florida (Richard A. Merlino, Esquire).

Continuation of Question No. 11 B.

CVS, Walgreens, Walmart and Publix pharmacies in the respective counties combined. The pharmacies triggered every traditional red flag used by authorities to initiate related investigations.  Judge Smith initially sentenced Ms. Nicolas to 135 months prior to completion of substantial assistance as he refused to extend the sentencing hearing further.

Judge Smith agreed to leave Ms. Nicolas out of custody, but initially sentenced her to 135 months BOP and reserved ruling on the Defendant's Motion for Downward Variance pertaining to what, from the Defendant's perspective, amounted to "super-substantial
assistance" until the Rule 35 was filed and a subsequent sentencing hearing was scheduled.  

Ms. Nicolas's guidelines reflected a total offense level of37, a criminal history category ofl, even after a negotiated plea agreement was entered on a single count. The total amount of Oxycodone during the relevant period far exceeded what was charged; despite that fact, she still scored at the bottom, 210 months, and was sentenced to 135 months.

Upon Government's Rule 35 Motion and ruling on the bifurcated Motion for Downward Variance, Ms. Nicolas was ultimately sentenced to 30 months of imprisonment in BOP.

C. United States v. Jonathan Roujfe Case No. 20-cr-173-TPB- MDFL-Judge Barber. August 22, 2022 (Private)

Mr. Rouffe initiated early pre-indictment pro-active substantial assistance and ultimately was charged by Information with a single count of violation of 18 U.S.C. §1347, Conspiracy to Engage in Healthcare Fraud.

Mr. Rouffe's PSR reflected a total offense level of 34, with a criminal history category ofl, and given the reduced loss amount charged, was subject to a guideline imprisonment range of 151 months to 188 months. The statutory maximum of 10 years imprisonment was less than the bottom of the guidelines; therefore, 120 months was the guideline term.

Despite the government's recommendation of 80 months upon a §5k1.1 filing, Defendant argued zealously for a further reduction based, in part, upon Mr. Rouffe's super-substantial assistance and parity in sentencing, and Judge Barber sentenced Mr. Rouffe to 48 months in BOP.

D. United States v. Randy Kelly Case No. 22-cr-20168-RNS, Judge R Scola, Jr. August 24, 2022, SDFL (Private)

Mr. Kelly was charged by Information with violation of 18 U.S.C. §371, Conspiracy to Commit Wire Fraud, single count. This was a PPP-related fraud case whereby it was alleged that Mr. Kelly, through the assistance and direction of co-conspirators, utilized fraudulent bank account statements and employee statistics to apply for pandemic relief. Supplement to Application for an Additional Three (3) Year Term on the CJA Panel for the Southern District of Florida (Richard A. Merlino, Esquire).

Continuation of Question No. llD.

Defendant had a total offense level of 15 and a criminal history category of I. The guideline
imprisonment range was 18 months to 24 months.

The Government sought the bottom of the guidelines, 18 months, without a §5kl .1 departure. Judge
Scola granted Defendant's Motion for Downward Variance and sentenced Mr. Kelly to a year a day in BOP.

What I am most proud of in this instant case is that we utilized, in addition to our sentencing memo, a video of the Defendant's viable Hollywood, Florida vegan restaurant and did a tour of same and taped employee and customer testimonials about the Defendant as a person, restaurant owner, and boss. The capital received by Mr. Kelly through evident false claims and documents was spent on an investment in a viable and profitable new business which employed multiple people coming out of the pandemic. It also will enable Mr. Kelly to re-pay restitution, which we claimed is paramount in the case.

E. United States v. Shawn Corey Saunders Case No. 02-cr-80192-RLR - SDFL- Judge R. Rosenberg. September 15, 2022. (CJA)

Mr. Saunders was charged with three counts in a multi-count superseding indictment on a 2002 case after being extradited from the Bahamas in December 2021.

Mr. Saunders was charged by indictment with Conspiracy to import five kilograms or more of cocaine, 21 U.S.C. §963, 952(a), and 960(b)(1)(B); Attempting to impoti five kilograms or more of cocaine, 21 U.S.C. §963,952(a), and 960(b)(l)(B); and Importation of five kilograms or more of cocaine, 21 U.S.C. §952(a) and 960(b)(l)(B).

Mr. Saunders entered a plea agreement, and a Motion for Downward Variance was filed along with a sentencing memorandum based upon numerous personal and case-specific issues, but was predominantly based upon the cruel and unusual punishment while the Defendant was being held in Fox Hill Prison in Nassau, Bahamas. 

 Mr. Saunders's total base offense level was 38, with a criminal history category of I. His guideline imprisonment range was 235 - 293 months and the statutory minimum term of imprisonment was 10 years, and the maximum term was life.

Through the plea agreement, the government agreed to seek dismissal of 2 counts of the superseding indictment. Had the Defendant pied guilty to these counts, they would have been grouped with counts one, two and four pursuant to §3Dl .2(d). However, the dismissal of these counts limited the Defendant's statutory exposure. Judge Rosenberg, despite the government's recommendation of the bottom of the guidelines, with no §5k1.1, sentenced Mr. Saunders to 170 months BOP with the counts to run concurrently and credit Supplement to Application for an Additional Three (3) Year Term on the CJA Panel for the Southern District of Florida (Richard A. Merlino, Esquire).

Continuation of Question No. llE.

(double) for 4,702 days of time served at Fox Hill Prison. Thus, the Judge gave Mr. Saunders credit for 13 years (157 months) off the 170 months reduced sentence after granting our Motion for

Downward Variance. As of September 2022, less additional gain time, Mr. Saunders only had 13 months incarceration remaining.