USA v. Quinonez-Soto et al
Criminal

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

MOTION to recognize defendants substantial assistance pursuant to Rule 5k1.1 by USA as to Brian Quinonez-Soto.

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PageID 464 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 MOTION BY THE UNITED STATES FOR DOWNWARD DEPARTURE OF DEFENDANT'S SENTENCE BASED UPON SUBSTANTIAL ASSISTANCE Pursuant to the provisions of Section 5K1.1 of the United States Sentencing Guidelines, Title 18, United States Code, Section 3553(e), and Rule 35 of the Federal Rules of Criminal Procedure, the United States moves this Court to grant a two-level reduction in the defendant's offense level, and in support thereof states as follows: MEMORANDUM OF LAW The Court, on motion of the government, may reduce a defendant's sentence to reflect a defendant's substantial assistance. USSG §5K1.1. Here, defendant provided truthful and timely information to the United States which resulted in one of his co-defendants pleading guilty. The United States believes that, because of his efforts on behalf of the United States, Mr. Quinonez-Soto should receive a three-level reduction in his offense level for his assistance, which would result in a total offense level of PageID 465 36. With a CHC V, should this motion be granted, Mr. Quinonez-Soto would face a guidelines range of 324–405 months' imprisonment and a guidelines fine range of $40,000 to $400,000. CONCLUSION For the foregoing reasons, this Court should grant the government's motion for downward departure of defendant's sentence. Respectfully submitted, MARIA CHAPA LOPEZ United States Attorney By: /s/ Gregory T. Nolan Gregory T. Nolan Assistant United States Attorney USAO No. 163 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602-4798 Telephone: (813) 274-6000 Facsimile: (813) 274-6358 E-mail: gregory.nolan@usdoj.gov 2 PageID 466 U.S. v. Brian Quinonez-Soto Case No. 8:17-cr-355-T-35TGW CERTIFICATE OF SERVICE I hereby certify that on November 28, 2018, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: David Little, Esq. /s/ Gregory T. Nolan Gregory T. Nolan Assistant United States Attorney USAO No. 163 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602-4798 Telephone: (813) 274-6000 Facsimile: (813) 274-6358 E-mail: gregory.nolan@usdoj.gov 3