PROB 12B SD/FL PACTS No. 66836

(SD/FL 9/96)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-TP-20037

Request for Modifying the Conditions or Term of Supervision

With Consent of the Offender

(Probation Form 49, Waiver of Hearing is Attached)

Name of Offender: Yosmany Nunez

Name of Sentencing Judicial Officer: The Honorable Janet Bond Arterton, United States District Judge, 

District of Connecticut

Transfer of Jurisdiction: June 24, 2020- Assigned to The Honorable Cecilia M. Altonaga, United States 

District Judge, Miami, Florida

Date of Original Sentence: February 4, 2015

Original Offense: Transportation of Stolen Property, in violation of Title 18 U.S.C. § 2314, a Class 

C felony.

Original Sentence: Seventy-five (75) months custody of the Bureau of Prisons; followed by a three

(3) year term of supervised release. The following special conditions were 

ordered: The defendant shall: 1) participate in a program approved by the U.S. 

Probation Office for drug and alcohol abuse treatment; 2) not possess a firearm 

or other dangerous weapon; 3) provide the probation officer with access to all 

requested financial information; and 4) as the defendant is a bona fide resident 

of the Southern District of Florida, supervision is transferred to the district. 

November 6, 2017: Restitution Order- The Court ordered the defendant pay 

restitution in the amount of $60,994,213.00, jointly and severally, at the rate of 

$200 per month. A $100.00 Special Assessment fee was also ordered.

February 25, 2020: Report on Offender Under Supervision—No Action. The 

Court was notified of the defendant’s noncompliance and concurred with U.S. 

Probation’s recommendation for no action regarding violations of supervised 

release including failure to follow instructions, failure to provide the U.S. 

Probation Office with access to all requested financial information and failure to 

pay restitution as ordered. 

Type of Supervision: Supervised Release Date Supervision Commenced: October 28, 2019

PETITIONING THE COURT

☐ To extend the term of supervision for years, for a total term of years.

☒ To modify the conditions of supervision as follows:

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PROB 12B SD/FL PACTS No. 66836

(SD/FL 9/96)

The defendant shall pay restitution at the rate of $500.00 per month until such time as the Court may alter 

that payment schedule in the interest of justice. The U.S. Probation Office and U.S. Attorney's Office shall 

monitor the payment of restitution and report to the Court any material change in the defendant's ability 

to pay. 

 CAUSE

On October 28, 2019, the defendant was released from imprisonment and began his term of supervised 

release in the Southern District of Florida.

On February 25, 2020, the District of Connecticut was notified of the defendant’s violation of supervised 

release, including failure to follow instructions, failure to provide the U.S. Probation Office with access to all 

requested financial information and failure to pay restitution as ordered. U.S. Probation recommended no action 

be taken by the Court at that time. A transfer of jurisdiction was requested. 

The defendant submitted his application requesting an Employment Authorization Document (EAD) with 

U.S. Immigration and Customs Enforcement. He received a letter from the agency confirming receipt of his 

application on December 6, 2019. On July 6, 2020, the defendant received another letter from U.S. Immigration 

and Customs Enforcement confirming his approval for employment authorization, however he is unable to begin 

employment until he receives the physical work permit. To date, the defendant has not received this document.

On May 19, 2020, the defendant was successfully discharged from Dade Family Counseling after having 

completed substance abuse and alcohol treatment. To date, all of the defendant’s urinalysis tests have returned 

negative for illegal drug use.

On June 24, 2020, jurisdiction of this case was accepted in the Southern District of Florida and assigned 

to Your Honor. 

On August 21, 2020, an assessment of the defendant’s financial status was conducted. The defendant 

reported the household income and expenses on a monthly basis, which was compared to the documentation 

provided by the defendant. It is important to note, at that time, the defendant reported owning a 2020 GMC Yukon,

with payments in amount of $1,194.52 per month. The defendant was reinstructed on the amount of restitution

owed. The defendant advised he would seek to return this automobile, in an effort to reduce his monthly car 

payment, and use the difference toward his monthly restitution payment. Subsequently, the defendant obtained a 

new vehicle, a 2020 GMC Arcadia, with a monthly payment $552.00.

On October 8, 2020, another assessment of the defendant’s financial status was conducted. The defendant 

is currently residing with his girlfriend, and their newborn daughter at 8306 NW 143rd Terrace, Miami Lakes, 

Florida, 33016. The defendant has voluntary, shared custody of his two children and they reside with him on 

occasion through the year. He is currently unemployed and unauthorized to work, as he is pending his

employment authorization document (EAD). The defendant reported the household income and expenses on a 

monthly basis, which was compared to the documentation provided by the defendant. The expenses were adjusted 

accordingly. 

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PROB 12B SD/FL PACTS No. 66836

(SD/FL 9/96)

Based on this assessment, it was determined that the defendant could afford to make payments in the 

amount of $500.00 per month. The defendant has satisfied the $100.00 special assessment in full, and $1,350.00 

toward his restitution obligation. The current restitution balance is $60,980,750.02.

The defendant was presented with this information and concurred with our assessment. He voluntarily 

signed the enclosed Waiver of Hearing to Modify Conditions of Supervised Release, thus establishing a restitution 

payment of $500.00 per month, commencing on November 1, 2020, and every month thereafter. 

RECOMMENDATION: It is respectfully requested Your Honor modify the conditions of supervised release 

to require the defendant pay restitution at the rate of $500.00 per month.

Respectfully submitted,

by:

Mailin Perez

United States Probation Officer

Office: (305)512-1838

Cellular: (786)351-0511

Date: October 14, 2020

THE COURT ORDERS:

☐ No Action

☒ The Modification of Conditions as Noted Above

☐ Submit a Request for ☐ Warrant or ☐ Summons

Signature of Judicial Officer

Oct. 16, 2020

Date

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