USA v. Quinonez-Soto et al
Criminal

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

NOTICE OF ENHANCED PENALTIES PURSUANT TO 21 U.S.C. §§ 841(a)(1)(A) AND 851 by USA as to Brian Quinonez-Soto, Reyandra Camorlinga

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PageID 164 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 and REYANDRA CAMORLINGA UNITED STATES NOTICE OF ENHANCED PENALTIES PURSUANT TO 21 U.S.C.§§ 841(a)(1)(A) AND 851 By filing this Information and Notice, the United States of America notifies the defendant and the Court that the defendant is subject to enhanced penalties for Count One of the Indictment based on his prior felony drug conviction. The United States files this Information and Notice of Prior Convictions pursuant to 21 U.S.C. §§ 851 and 841(b)(1)(A), and charges that: 1. On or about July 18, 2017, the defendant was charged in Count One of the Indictment with conspiring to distribute and conspiring to possess with the intent to distribute 50 grams or more of methamphetamine (actual), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). 2. Section 21 U.S.C. § 841(b)(1)(A)(viii) provides for the following penalties: a minimum term of imprisonment of at least 10 years, with a maximum term of life; a fine of not more than $10,000,000; and at least 5 years' supervised release up to a maximum of life. PageID 165 3. However, section 841(b)(1)(A)(viii) provides that, "[i]f any person commits such a violation after a prior conviction for a felony drug offense has become final," such person must be sentenced to a minimum term of imprisonment of at least 20 years, with a maximum term of imprisonment of life; a fine of not more than $20,000,000; and at least 10 years' supervised release up to a maximum of life. See also 21 U.S.C. § 851(a)(1) (directing the United States to file the instant notice to trigger the "increased punishment by reason of one or more prior convictions"). 4. On or about February 22, 2017, the defendant was convicted of transporting a controlled substance, in violation of Cal. Health & Safety Code § 11379(a), in the Superior Court of California, County of Los Angeles, in Case No. YA095416. This conviction is final. A certified court document confirming the conviction is attached as Exhibit 1 and a copy of Cal. Health & Safety Code § 11379(a) is attached as Exhibit 2. Said conviction is a prior conviction within the meaning of 21 U.S.C. § 851, and thus, for Count One, under 21 U.S.C. § 841(b)(1)(A)(iii), the Court "shall" sentence the defendant to a minimum term of imprisonment of at least 20 years, 2 PageID 166 with a maximum term of imprisonment of life; a fine of not more than $10,000,000; and at least 10 years' supervised release up to a maximum of life. Respectfully submitted, MARIA CHAPA LOPEZ United States Attorney By: /s/ Gregory T. Nolan GREGORY T. NOLAN Assistant United States Attorney United States Attorney 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 PageID 167 U.S. v. Brian Quinonez-Soto, et al. Case No. 8:17-cr-355-T-35TGW CERTIFICATE OF SERVICE I hereby certify that on February 12, 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. Matthew Luka, Esq. /s/ Gregory T. Nolan GREGORY T. NOLAN Assistant United States Attorney United States Attorney 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 \\usaflmsfile21.usa.doj.gov\Users\_Cases\Criminal Cases\Q\Quinonez-Sota, Bryan_2017R01551_GTN\p_851 Notice.docx 4