UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-CR-20389-RKA 

UNITED STATES OF AMERICA 

vs. 

JULIAN JIMENEZ, 

Defendant. 

I ----------------

PLEA AGREEMENT 

The United States Attorney's Office for the Southern District of Florida ("this Office") and _ 

Julian Jimenez (hereinafter referred to as the "defendant") enter into the following agreement: 

1. The defendant agrees to plead guilty to the Indictment, which charges the defendant 

with Interstate Stalking, in violation of Title 18, United States Code, Section 2261A(l).(Count l); 

Conspiracy to Use and Carry a Firearm During a Crime of Violence, in violation of Title 18, United 

States Code, Section 924(0) (Count 2); and Discharging a Firearm in Furtherance of a Crime of 

Violence, in violation of Title 18, United States Code, Section 925(c)(l)(A)(iii) (Count 3). 

2. The defendant is aware that the sentence will be imposed by the Court after considering 

the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing 

Guidelines"). The defendant acknowledges and understands that the Court will compute an 

advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be 

determined by the Court relying in part on the results of a pre-sentence investigation by the Court's 

probation office, which investigation will commence after the guilty plea has been entered. The 

defendant is also aware that, under certain circumstances, the Court may depart from the advisory 

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sentencing guideline range that it has computed and may raise or lower that advisory sentence 

under the Sentencing Guidelines. The defendant is further aware and understands that the Court 

is required to consider the advisory guideline range determined .under the Sentencing Guidelines 

but is not bound to impose a sentence within that advisory range; the Court is permitted to tailor 

the ultimate sentence in light of other statutory concerns, and such sentence may be either more 

severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts, the 

' 

defendant understands and acknowledges that the Court has the authority to impose any sentence 

within and up to the statutory maximum authorized by law for the offenses identified in paragraph 

1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed. 

3. The defendant understands and acknowledges that the Court may impose a statutory 

maximum term of imprisonment ofup to ten (10) years followed by a term ofup to three (3) years 

of supervised release as to Count 1 of the indictment. The defendant further understands that the 

Court may impose a statutory maximum term of imprisonment of up to twenty (20) years followed 

by a term of up to three (3) years of supervised release as to Count 2 of the indictment. The Court 

must also impose a term of imprisonment of ten (10) years and may impose a maximum term up 

to life imprisonment, followed by a term of supervised release ofup to five (5) years on Count 3. 

In addition to a term of imprisonment and supervised release, the Court may impose a fine of up 

to $250,000, as to each count. The Court must order restitution and may order forfeiture. 

4. The defendant further understands and acknowledges that, in addition to any sentence 

imposed under paragraph 3 of this agreement, a special assessment in the amount of $100 will be 

imposed on the defendant for each count of conviction, for a total of $3 00. The defendant agrees 

that any special assessment imposed shall be paid at the time of sentencing. If a defendant is 

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financially unable to pay the special assessment, the defendant agrees to present evidence to this 

Office and the Court at the time of sentencing as to the reasons for the defendant's failure to pay. 

5. This Office reserves the right to inform the Court and the probation office of all facts 

pertinent to the sentencing process, including all relevant information concerning the offenses 

committed, whether charged or not, as well as concerning the defendant and the defendant's 

background. Subject only to the express terms of any agreed-upon sentencing recommendations 

contained in this agreement, this Office further reserves the right to make any recommendation as 

to the quality and quantity of punishment. 

6. This Office agrees that it will recommend at sentencing that the Court reduce by two 

levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section 

3El.l of the Sentencing Guidelines, based upon the defendant's recognition and affinnative and 

timely acceptance of personal responsibility. This Office, however, will not be required to make 

this recommendation if the defendant: (1) fails or refuses to make a full, accurate and complete 

disclosure to the probation office of the circumstances surrounding the relevant offense conduct; 

(2) is found to have misrepresented facts to the government prior to entering into this plea 

agreement; or (3) commits any misconduct after entering into this plea agreement, including but 

not limited to committing a state or federal offense, violating any term of release, or making false 

statements or misrepresentations to any governmental entity or official. 

7. The defendant is aware that the sentence has not yet been determined by the Court. 

The defendant also is aware that any estimate of the probable sentencing range or sentence that the 

defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or 

the probation office, is a prediction, not a promise, and is not binding on this Office, the probation 

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office, or the Court. The defendant understands further that any recommendation that this Office I 

makes to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding 

on the Court and the Court may disregard the recommendation in its entirety. The defendant 

understands and acknowledges, as previously acknowledged in paragraph 2 above, that the 

defendant may not withdraw his plea based upon the Court's decision not to accept a sentencing 

recommendation made by the defendant, this Office, or a recommendation made jointly by the 

defendant and this Office. 

8. This Office and the defendant agree that, although not binding on the probation office 

or the Court, they will jointly recommend that the Court make the following findings and 

conclusions as to the sentence to be imposed: 

a. Base Offense Level: That the base offense level is a 33, pursuant to Section 

2K2.l(c)(l)(A), which cross references Section 2Xl.l(c)(l), which directs the 

parties to Section 2A2.l(a)(l); 

b. Serious Bodily Injury: That the defendant should receive a two level increase 

because the victim sustained serious bodily injury pursuant to Section 2A2.l(b)(l); 

c. Adjusted Offense Level: That the applicable adjusted offense level under the 

circumstances of the offense committed by the defendant is Level 35; and 

d. Total Offense Level: That the defendant's total offense level with any applicable 

two-point reduction for acceptance of responsibility outlined in paragraph 6 is 

Level 33. 

9. The defendant acknowledges and understands. that additional or different 

enhancements or provisions of the Sentencing Guidelines might be applicable, and that neither the 

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Court nor Probation are bound by the parties' joint recommendations. Other than as set forth in 

this agreement, the parties are free to seek other enhancements, variances, and departures. 

10. The defendant agrees, in an individual and any other capacity, to forfeit to the United 

States, voluntarily and immediately, any right, title, and interest to any firearm and ammunition 

involved in or used or intended" to be used in the offenses. The property subject to forfeiture 

includes, but is not limited to: 

1. One (1) .40 Sig Sauer pistol, model P229, serial number AE29558, and magazine; 

n. Three (3) rounds .40 S&W ammunition. 

11. The defendant further agrees that forfeiture is independent of any assessment, fine, 

cost, restitution, or penalty that may be imposed by the Court. The defendant knowingly and 

voluntarily agrees to waive all constitutional,,, legal, and equitable defenses to the forfeiture, 

including excessive fines under the Eighth Amendment to the United States Constitution. In 

addition, the defendant agrees to waive: any applicable time limits for administrative or judicial 

forfeiture proceedings, the requirements of Fed. R. Crim. P. 32.2 and 43(a), and any appeal of the 

· forfeiture. 

12. In the event the defendant withdraws from this Agreement prior to pleading guilty 

or breaches the Agreement before or after he pleads guilty to the charges identified in paragraph 1 

above or otherwise fails to fully comply with any of the terms of this Agreement, this Office will 

be released from its obligations under this Agreement, and the Defendant agrees and understands 

that: 

a. The defendant thereby waives any protection afforded by any proffer letter 

agreements between the parties, Section lBl.8 of the Sentencing Guidelines, Rule 

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11 ( f) of the Federal Rules of Criminal Procedure, and Rule 410 of the Federal Rules 

of Evidence, and that any statements made by the Defendant as part of plea 

discussions, any debriefings or interviews, or in this Agreement, whether made 

prior to or after the execution of this Agreement, will be admissible against the 

Defendant without any limitation in any civil or criminal proceeding brought by the 

Government; and' 

b. The defendant stipulates to the admissibility and authenticity, in any case brought 

by the United States in any way related to this Agreement, of any documents 

provided by the defendant or the defendant's representatives to any state or federal 

agency and/or this Office. 

13. This is the entire agreement and understanding between this Office and the defendant. 

There are no other agreements, promises, representations, or understandings. 

Date: By: 

Date: By: 

Date: By: 

MARKENZY LAPOINTE 

UNITED STATES ATTO 

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SATTORNEY 

ATES ATTORNEY 

Case 1:22-cr-20389-RKA Document 206 Entered on FLSD Docket 08/09/2023 Page 6 of 7
Date: 8/ q lz?, By: au - ABIGAIL BECKER 

ATTORNEY FOR DEFENDANT 

Date: 1/_q/1-3 By: 

JACOBS 

AT Y FOR DEFENDANT 

Date: f/q/ 

l I 

ZJ By: Jh·, di\ IAN JIMENEZ 

DEFENDANT 

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