USA v. Garlobo
Criminal

Middle District of Florida, flmd-8:2017-cr-00512-344089

JUDGMENT as to Ihosvanni Garlobo (1), Count 1, Dismissed, in accordance with the Plea Agreement; Count 2, Imprisonment: 30 months; Supervised Release: 60 months; Special Assessment: $100. Signed by Judge James S. Moody, Jr. on 6/22/2018. (SMB)

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Page 1 of 5 PageID 199 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case Number: 8: 17 - cr - 512 - T - 30AEP USM Number: 69703 - 018 IHOSVANNI GARLOBO Rafael E. Fernandez, Retained JUDGMENT IN A CRIMINAL CASE The defendant pleaded guilty to Count Two of the Indictment. The defendant is adjudicated guilty of this offense: Date Offense Count Title & Section Nature of Offense Concluded Number 21U.S. C. SS 841 (a) (1) and 841 (b) (1) (B) Distribution of 500 Grams or More of Cocaine (Class B Felony) February 14, 2017 Two The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. In accordance with the plea agreement, it is ordered that Count One of the Indictment be dismissed. IT IS ORDERED that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances. Date of Imposition of Judgment: June 22, 2018 Almus I. Moody, the JAMES S. MOODY, JR. SENIOR UNITED STATES DISTRICT JUDGE June 22, 2018 AO 245B (Rev. 02 / 18) Judgment in a Criminal PagelD 200 lhosvanni Garlobo 8: 17 - cr - 512 - T - 30AEP IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of THIRTY (30) MONTHS. The defendant is remanded to the custody of the United States Marshal. The Court recommends that Defendant be placed at FCI Coleman (1st choice) or FCI Miami (2nd choice) RETURN I have executed this judgment as follows: Defendant delivered on, with a certified copy of this judgment. UNITED STATES MARSHAL By: DeputyU.S. Marshal AO 245B (Rev. 02 / 18) Judgment in a Criminal PageID 201° Ihosvanni Garlobo 8: 17 - cr - 512 - T - 30AEP SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of FIVE (5) YEARS. MANDATORY CONDITIONS nimi You must not commit another federal, state or local crime. You must not unlawfully possess a controlled substance. The mandatory drug testing requirements of the Violent Crime Control Act are imposed. The Court orders the defendant to submit to random drug testing not to exceed 104 tests per year. You must cooperate in the collection of DNA as directed by the probation officer. The defendant shall comply with the standard conditions that have been adopted by this court (set forth below) . The defendant shall also comply with the additional conditions on the attached page. AO 245B (Rev. 02 / 18) Judgment in a Criminal Case Page 4 of 5 PagelD 202 Ihosvanni Garlobo 8: 17 - cr - 512 - T - 30AEP STANDARD CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. ni mi fini You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer as instructed. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. You must answer truthfully the questions asked by your probation officer You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with) . you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full - time employment you must try to find full - time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i. e ., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers) . You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. You must follow the instructions of the probation officer related to the conditions of supervision. 13 .U.S. Probation Office Use Only AU.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised Release Conditions, available at: www. uscourts. gov. Defendant's Signature: Date: AO 245B (Rev. 02 / 18) Judgment in a Criminal PageID 203 Ihosvanni Garlobo 8: 17 - cr - 512 - T - 30AEP ADDITIONAL CONDITIONS OF SUPERVISED RELEASE The defendant shall participate in a substance abuse program (outpatient and / or inpatient) and follow the probation officer's instructions regarding the implementation of this court directive. Further, the defendant shall contribute to the costs of these services not to exceed an amount determined reasonable by the Probation Office's Sliding Scale for Substance Abuse Treatment Services. During and upon completion of this program, the defendant is directed to submit to random drug testing. Should the defendant be deported, he shall not re - enter the United States without the express permission of the appropriate governmental authority. The defendant shall cooperate in the collection of DNA, as directed by the Probation Officer. CRIMINAL MONETARY PENALTIES The defendant must pay the following total criminal monetary penalties under the schedule of payments set forth in the Schedule of Payments. Assessment JVTA Assessment Fine Restitution TOTALS $ 100. 00 N / A Waived NIA SCHEDULE OF PAYMENTS Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons ' inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs. FORFEITURE Defendant shall forfeit to the United States those assets previously identified in the Order of Forfeiture, attached hereto, that are subject to forfeiture. * Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18. United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996. ' Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114 - 22. * Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. AO 245B (Rev. 02 / 18) Judgment in a Criminal PageID 204 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case No. 8: 17 - cr - 512 - T - 30AEP IHOSVANNI GARLOBO ORDER OF FORFEITURE THIS CAUSE comes before the Court upon the United States of America's motion for an order of forfeiture against the defendant in the amount of $ 30, 000. 00 Being fully advised of the relevant facts, the Court hereby finds that at least $ 30, 000. 00 in proceeds was obtained by the defendant as a result of his distribution of cocaine as charged in Count Two of the Indictment, for which he pled guilty Accordingly, it is hereby: ORDERED, ADJUDGED, and DECREED that for good cause shown, the United States ' motion is GRANTED. It is FURTHER ORDERED that, pursuant to 21U.S. C. $ 853 and Rule 32. 2 (b) (2) of the Federal Rules of Criminal Procedure, the defendant shall be held liable for an order of forfeiture in the amount of $ 30, 000. 00. PageID 205 It is FURTHER ORDERED that, because the $ 30, 000. 00 in proceeds was dissipated by the defendant, the United States may seek, as a substitute asset, pursuant to 21U.S. C. 853 (p), forfeiture of any of the defendant's property up to the value of $ 30, 000. 00. It is FURTHER ORDERED that, upon entry, this order shall become a final order of forfeiture as to the defendant. The Court retains jurisdiction to address any third party claim that may be asserted in these proceedings, to enter any further order necessary for the forfeiture and disposition of such property, and for any substitute assets that the United States may be entitled to seek up to the amount of the order of forfeiture. DONE and ORDERED in Tampa, Florida, this gih day of June, 2018. they all over the J. A. ES S. VOODI, JR. (NITED STATES DISTRICT JUDGE Copies to: Suzanne C. Nebcsky, AUSA Counsel of Record