Case 1:10-cr-20842-AJ Document 32
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-CR-20842-AJ UNITED STATES OF AMERICA vs. RAFAEL HORACIO RAMOS DE LA ROSA, Defendant. / GOVERNMENT’S MOTION TO DEPART BELOW ADVISORY SENTENCING GUIDELINES RANGE PURSUANT TO U.S.S.G. § 5K1.1 AND 18 U.S.C. § 3553(e) The United States of America, by and through the undersigned Assistant United States Attorney, hereby moves this Honorable Court to depart below the Advisory Sentencing Guidelines pursuant to U.S. Sentencing Guidelines § 5K1.1 and Title 18, United States Code, Section 3553(e). The defendant has provided the government with substantial assistance in the investigation of coconspirators and other defendants in the above listed case. In support of this motion, the United States states the following: 1.
Defendant Rafael Horacio Ramos De La Rosa was charged with Count 1 of the
indictment, that is conspiracy to obstruct, delay and affect interstate and foreign commerce by wrongful use of fear of economic harm, in violation of Title 18, United States Code, Section 1951(A) and Count 2 of the indictment, that is, conspiracy to launder proceeds of the extortion charged in Count 1, in violation of Title 18, United States Code, Section 1956(h). 2.
He pled guilty on April 11, 2011 and is to be sentenced on July 6, 2011.
3.
The defendant has substantially assisted the government. Immediately after his arrest
on October 23, 2010, the defendant admitted his guilt and offered to cooperate with the FBI.
Case 1:10-cr-20842-AJ Document 32
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After consulting with his counsel, the defendant was thoroughly debriefed as to all
aspects of an ongoing investigation involving extortion of owners of securities companies by Government officials in Venezuela and the movement of money to the United States, the Caribbean and elsewhere. The defendant has testified in the Grand Jury and stands ready to testify in court. He has placed himself and his family in jeopardy by his truthful and thorough cooperation. 5.
Based upon all of the circumstances, the United States respectfully urges that the
defendant’s sentence be reduced to reflect his substantial assistance. This defendant has been incarcerated on these charges since October 23, 2010. Accordingly, the defendant has already served approximately eight (8) months. WHEREFORE, the United States respectfully requests that this motion be granted and that Rafael Horacio Ramos De La Rosa’s sentence be reduced to reflect his substantial assistance. Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY
By:
s/ Richard G. Gregorie RICHARD D. GREGORIE ASSISTANT UNITED STATES ATTORNEY Florida Bar No. 549495 99 NE 4th Street, 7th Floor Miami, Florida 33132 (305) 961-9148 Office (305) 536-7213 Facsimile
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Case 1:10-cr-20842-AJ Document 32
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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 5, 2011, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF.
s/ Richard D. Gregorie RICHARD D. GREGORIE ASSISTANT UNITED STATES ATTORNEY
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