USA v. Quinonez-Soto et al
Criminal

Middle District of Florida, flmd-8:2017-cr-00355-339530

JUDGMENT as to Brian Quinonez-Soto (1), Count 1, Imprisonment: 235 Months with credit for all time served since the date of arrest on July 20, 2017; Supervised Release: 120 Months; Fine is waived; Special Assessment: $100.00. Count(s) 2-5 are Dismissed on the motion of the United States. Signed by Judge Mary S. Scriven on 12/3/2018. (KTT)

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Page 1 of 6 PageID 480 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case Number. 8:17-cr-355-T-35TGW USM Number: 75174-112 BRIAN QUINONEZ-SOTO David E. Little, CJA JUDGMENT IN A CRIMINAL CASE The defendant pleaded guilty to Count One of the Indictment. The defendant is adjudicated guilty of these offenses: Date Offense Count Title & Section Nature of Offense Concluded Number(s) 21 U.S.C. §§ Sections Conspiracy to Distribute and Possess May of 2017 One 846 and 841(b)(1)(A) with Intent to Distribute 50 Grams or More of Methamphetamine The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. Count Two of the Indictment is dismissed on the motion of the United States. 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: November 29, 2018 December 3, 2018 AO 245B (Rev. 02/18) Judgment in a Criminal Case Page 2 of 6 PageID 481 Brian Quinonez-Soto 8:17-cr-355-T-35TGW IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of TWO HUNDRED AND THIRTY-FIVE (235) MONTHS with credit for all time served since the date of the arrest on July 20, 2017. The Court makes the following recommendations to the Bureau of Prisons: • Confinement at any federal correctional facility in the state of California, specifically FCI Victorville or FCI Terminal Island, if eligible. • Defendant may participate in the RDAP 500-hour Intensive Drug Program. The defendant is remanded to the custody of the United States Marshal. RETURN I have executed this judgment as follows: Defendant delivered on ____________________ to ______________________________________ at _________________________________________________, with a certified copy of this judgment. _______________________________________________ UNITED STATES MARSHAL By: ________________________________________________ Deputy U.S. Marshal AO 245B (Rev. 02/18) Judgment in a Criminal Case Page 3 of 6 PageID 482 Brian Quinonez-Soto 8:17-cr-355-T-35TGW SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of ONE HUNDRED AND TWENTY (120) MONTHS. MANDATORY CONDITIONS 1. You must not commit another federal, state or local crime. 2. You must not unlawfully possess a controlled substance. 3. You must refrain from any unlawful use of a controlled substance. The mandatory drug testing requirement 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. 4. 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 6 PageID 483 Brian Quinonez-Soto 8:17-cr-355-T-35TGW 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. 1. 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. 2. 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. 3. 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. 4. You must answer truthfully the questions asked by your probation officer 5. 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. 6. 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. 7. 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. 8. 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. 9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 10. 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). 11. 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. 12. 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. 13. You must follow the instructions of the probation officer related to the conditions of supervision. U.S. Probation Office Use Only A U.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 Case Page 5 of 6 PageID 484 Brian Quinonez-Soto 8:17-cr-355-T-35TGW ADDITIONAL CONDITIONS OF SUPERVISED RELEASE 1. 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. 2. The defendant shall participate in a mental health treatment 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 Mental Health Treatment Services. 3. The defendant shall submit to a search of your person, residence, place of business, any storage units under the defendant's control, computer, or vehicle, conducted by the United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to a search may be grounds for revocation. You shall inform any other residents that the premises may be subject to a search pursuant to this condition. 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 N/A SCHEDULE OF PAYMENTS Special Assessment shall be paid in full and immediately. 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. * 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 Case Page 6 of 6 PageID 485 Brian Quinonez-Soto 8:17-cr-355-T-35TGW 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. *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. FORFEITURE Defendant shall forfeit to the United States those assets previously identified in the Order of Forfeiture, that are subject to forfeiture. AO 245B (Rev. 02/18) Judgment in a Criminal Case PageID 486 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case No. 8:17-cr-355-T-35TGW BRIAN QUINONEZ-SOTO 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 $33,214.00. Being fully advised of the relevant facts, the Court hereby finds that at least $33,214.00 was obtained by the defendant as a result of his participation in the drug trafficking conspiracy, 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 21 U.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 $33,214.00. It is FURTHER ORDERED that, because the $33,214.00 in proceeds was dissipated by the defendant, the United States may seek, as a substitute asset, pursuant to 21 U.S.C. § 853(p), forfeiture of any of the defendant's property up to the value of $33,214.00. PageID 487 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 24th day of April, 2018. Copies to: Suzanne C. Nebesky, AUSA Counsel of Record 2