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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 0:20-Cr-60088-RUIZ

UNITED STATES OF AMERICA

v.

BRANDO AGUILERA

SENTENCING MEMORANDUM OF DEFENDANT AGUILERA

REQUESTING SENTENCE OF PROBATION AND COMMUNITY 

SERVICE

Defendant Brando Aguilera submits his Sentencing 

Memorandum in support of the imposition of a sentence of probation 

with community service and up to a 6-month term of home detention

with work authorization. This requested sentence is consistent with 

the positions of the parties in view of the statutory sentencing factors, 

the defendant’s full and candid acceptance of responsibility (DE26), 

his forthright cooperation with the United States in the investigation 

and prosecution of this offense, his complete payment of the 

forfeiture judgment (DE25), his pre-sentencing payment of the 

special assessment, his complete satisfaction of all provisions of his 

Plea Agreement (DE18), and his exemplary good works during the 

time of the Covid Pandemic.

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I. CASE HISTORY

Brando Aguilera pled guilty on March 12, 2021 (DE14) to a 

Superseding Information (DE4) charging four (4) Counts of Money 

Structuring in violation of 31 U.S.C. §5324(a)(3). As the Stipulated 

Statements of Fact reflects (DE16), Mr. Aguilera assisted his relative

in depositing and withdrawing the proceeds of his relative’s bribery 

scheme. 1 The Pre-Sentence Investigation Report (PSI) (DE21) 

confirms Mr. Aguilera fully accepted responsibility for his conduct. 

II. ADVISORY GUIDELINES CALCULATION

The Plea Agreement includes a joint recommendation that the 

applicable guidelines are a Level 10 2 considering all relevant 

sentencing guidelines factors (DE18). 3 The PSI summarizes that 

agreement and recommends the same guidelines computation 

(DE21, ¶32). With a criminal history category of I, the guidelines 

imprisonment range is 6 to 12 months. Since the guideline range is 

in Zone B, the minimum term of imprisonment may be satisfied by 

1 Brian Bravo, a former Broward Health executive, was separately charged in 

United States v. Bravo, U.S.D.C. Case No. 20-Cr-60125-AHS, with Bribery 

Conspiracy (18 U.S.C. §317), Bribery (18 U.S.C. §666), Extortion (18 U.S.C. 

§1951), and Money Laundering (18 U.S.C. §1956(h)).

2 The Level 12 Guideline is reduced by 2 Levels for acceptance of responsibility.

3 Mr. Aguilera recognizes, as does the Plea Agreement, that this Court is not 

bound by the terms of plea agreement.

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(1) a sentence of imprisonment; or (2) a sentence of imprisonment 

that includes a term of supervised release with a condition that 

substitutes community confinement or home detention, provided 

that at least one month is satisfied by imprisonment; or (3) a sentence 

of probation that includes a condition or combination of conditions 

that substitute intermittent confinement, community confinement, 

or home detention for imprisonment, §5C1.1(c).

Mr. Aguilera asks this Court sentence him to a period of 

probation with a community service component so he can continue 

to work and satisfy his obligations to the community in atoning for 

his offense conduct. The government does not oppose this request. 

Mr. Aguilera paid all required financial obligations with his payment 

in full of the special assessment and forfeiture.

III. NO OBJECTION TO PRE-SENTENCE INVESTIGATION

REPORT

Mr. Aguilera does not object to the revised final PSI (DE21).

IV. SENTENCING CONSIDERATIONS

Consistent with the terms of the Plea Agreement and the PSI 

recommendation, Mr. Aguilera asks this Court to impose a Zone B 

sentence of probation with community service and home 

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confinement. An abundance of factors, including Mr. Aguilera’s 

substantial assistance to the United States, warrants the requested 

sentence in the interests of justice. The requested sentence 

recognizes that Mr. Aguilera’s admitted offense conduct involved 

assisting his relative’s fraud scheme by utilizing his own commercial 

business bank account for structuring funds ($49,000.00) to go to 

the relative and avoid scrutiny of the relative’s criminal conduct. 

Through the assistance of government counsel in this and the 

forfeiture matter, Mr. Aguilera returned those funds in full 

($49,000.00) to the United States in complete payment of the 

Forfeiture Judgment. Arranging payment of that money was difficult, 

but Mr. Aguilera knows it was the right thing to do. His continued 

employment enabled him to provide the necessary funds to arrange 

for the full payment of all amounts due to the United States.

The requested sentence is reasonable, appropriate, satisfies all 

relevant sentencing factors set out in 18 U.S.C. §3553(a), and is 

consistent with Mr. Aguilera’s offense conduct, his full acceptance of 

responsibility, his cooperation to the United States in connection 

with this case, his full payment of the Order of Forfeiture, and his 

pre-sentencing payment of the special assessment. The requested 

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sentence is commensurate with similarly situated offenders who have 

accepted full and complete responsibility for their conduct. It does 

not in any way depreciate the seriousness of the offense conduct. 

Mr. Aguilera has long been an active local businessman and 

community volunteer. As reflected in his PSI, he operates Computer 

Tech Services that provided copy supplies and service to Broward 

Health and other clients. Although that business was instrumental

in his offense conduct, it is and was a legitimate enterprise that 

provided well-priced services to Broward Health and other local 

customers. Due to the Covid Pandemic, that business has been 

extremely slow as the need for copy services nearly disappeared. Mr. 

Aguilera is, however, optimistic that both the economy and his local 

service business are on the rebound.

Not content to limit his work activities to Computer Tech, Mr. 

Aguilera used the time of the pandemic to pursue another business 

named Jobocar that markets and sells plastic containers. This startup business has significant potential due mainly to Mr. Aguilera’s 

willingness to work nights and weekends to grow the company.

Mr Aguilera has also been working with his wife’s business, 

Sunshine for Elders, in delivering prepared meals to the elderly 

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community during Covid. As a non-profit business, the company is 

largely volunteer driven by obtaining food from restaurants to provide

to the needy elderly community in Broward County. Mr. Aguilera is 

reimbursed for his delivery expenses, and otherwise volunteers his 

time to assist the elderly population.

In keeping with community health and safety considerations, 

he is fully vaccinated and has encouraged others in his community 

to become vaccinated, continue using masks, and remain socially 

distant. This is important in his work with the elderly.

Mr. Aguilera, a United States Citizen, is a model for the hardworking immigrant who is desirous of improving his and his family’s 

life, while giving back to the community. He deeply regrets his 

criminal conduct and tries every day by his positive actions to prove 

that his misdeeds are not who he truly is. He tries to be a force for 

good in the community, including his service to the elderly and his 

attentive involvement in his daughter’s school. He is particularly 

interested in seeing that students and young children learn computer 

skills, including coding, as a means of opening paths and 

opportunities as adults. His drive to be successful and to give back 

to his community is in significant measure the product of growing up 

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in a foreign land with limited opportunities for those not born into 

the privileged class. As an immigrant American, Mr. Aguilera knows 

that hard work and an education will provide every child with the real 

ability to be a success in America and overcome any adversity. 

The factors set forth in 18 U.S.C. §3553(a) provide positive 

guidance supporting the recommended sentence of probation with 

community service. That requested sentence is sufficient, but not 

greater than necessary, to satisfy the purposes of sentencing — just 

punishment, deterrence, protection of the public, and rehabilitation 

of the defendant. See Pepper v. United States, 131 S. Ct. 1229, 1242 

(2011) (“a sentencing judge's overarching duty under §3553(a) [is] to 

‘impose a sentence sufficient, but not greater than necessary’ to 

comply with the sentencing purposes set forth in §3553(a)(2)”).

Mr. Aguilera deeply acknowledges his offending conduct. He is 

remorseful. This case constitutes significant punishment, including 

a diminution of his standing in the community. He lives a life focused 

on doing good works while adhering to the rules. Those are traits that 

have enabled Mr. Aguilera to succeed in business, in his community, 

and with his family. His loss of civil rights because of his guilty plea 

is perhaps his most devastating punishment, as he cannot now

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exercise the cherished right to vote, the framework for democracy 

that makes the United States so different from his country of birth. 

Based on the facts and circumstances of Mr. Aguilera’s 

individual case and considering the factors enumerated in 18 U.S.C. 

§3553(a), the requested sentence is substantively reasonable and 

consistent with the PSI computations. The personal remarks of the 

friends and colleagues who have known and worked with Mr. 

Aquilera, presented in the letters submitted to the Court and the 

Probation Office, corroborate the reasonableness of the requested

sentence, and are incorporated into this submission. The letters 

include family members, friends, and colleagues, all of whom speak 

well of Brando as a caring, compassionate, and trustworthy man. 

V. COMMUNITY SERVICE COMPONENT

The requested sentence of probation includes a significant 

community service requirement, in an amount to be identified by the 

Court, but consistent with Mr. Aguilera’s desire to continue his 

volunteer efforts to the community. He suggests a contribution of 100 

hours in service of others is reasonable and consistent with what he 

does as a matter of course. His background and interests propel him 

to continue assisting the elderly community as well as those in need 

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of computer technical skill enhancements. If approved by the Court, 

Mr. Aguilera would welcome the opportunity to continue his service. 

He is also amenable to any community service obligation deemed 

appropriate by this Court or U.S. Probation. 

VI. FULL PAYMENT OF THE FORFEITURE JUDGMENT HAS 

BEEN MADE

Mr. Aguilera made full payment of his forfeiture obligation.

VII. CONCLUSION

The requested sentence of probation, community service, and 

work authorization is appropriate, reasonable, and sufficient, but not 

more than necessary, to meet the goals of §3553(a).

Respectfully submitted,

s/ Benedict P. Kuehne

BENEDICT P. KUEHNE

Florida Bar No. 233293

MICHAEL T. DAVIS

Florida Bar No. 63374

KUEHNE DAVIS LAW, P.A.

100 S.E. 2nd St., Suite 3105

Miami, FL 33131-2154

Tel: 305.789.5989

Fax: 305.789.5987

ben.kuehne@kuehnelaw.com

efiling@kuehnelaw.com

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CERTIFICATE OF SERVICE

I CERTIFY on August 18, 2021, I electronically filed the 

foregoing document with the Clerk of the Court using CM/ECF. I also 

certify the foregoing document is being served this day on all counsel 

of record either via transmission of Notices of Electronic Filing 

generated by CM/ECF or in another authorized manner for those 

counsel or parties not authorized to receive electronically Notices of 

Electronic Filing.

By: s/ Benedict P. Kuehne

BENEDICT P. KUEHNE

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