UNITED STATES DISTRICT COURT 

SOUTHERN DIST~CT OF FLORIDA 

CASE NO. 22-14055-CR.;~.ANNON/MAYNARD 

:UNITEHSTATES OF AMERICA, 

Plaintiff, 

vs. 

KWAMEHOLMES, 

Defendant, 

~---'---~-----------Cl 

STIPULATED FAC1VAL BASIS IN SUPPORT OF GUILTY PLEA 

FILE6BY.~- -- D.C: 

NOV 18 2022· 

ANGELA E. NOBLE 

CLERK U.S. DIST. CT. 

S. D. OF FLA. - FT. PIERCE 

The United Stl;l.tes of America, by and through the undersigned Assistant United· States. 

Attorney, and ,the DefenCU!,Ilt, together with his counsel, admit the· Government can. prove the 

allegations contained in the sole countof the Indictmentchargirig him with Failur~to Register as 

a Sex Offender, in violation ofTitle.18, United States Code, Section 2250(a). These facts are not 

all of the facts known to the United States in this cas~ and·are offered merely to provide a sufficient 

factual basis to support the Defendant's guilty plea. The following recitation of the facts are the 

. } . 

underlying factualoasis m support of a plea of guilty in this case: 

' 

Qn February 22, 2012, the Defendant was convicted of Criminal Sexual Contact, in 

viol.ation ofNew Jersey S!atute 2C:14-3B, in the Superior Court ofNew Jersey, UNION County, 

case number 12-08-0019_9 A. At the time, the Victim was 14 years_ of a&e and the Defendant was . 

22 years. of age. On May 11, 2012, the D_efendant was sentenced to tirne served_ ( credit for time - . . -

served of 161-days), followed 1:Jy a 30~month term of probation. As a special condition, the 

Defendant had to follow all Megan Law conditions. 

During the pendency of the New Jersey criminal investigation, the Defendant relocat~d to 

New York. After being sentenced in New Jersey, the Defendant's probation was transferred to 

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New York in May of2012 based on New York.residency status. On May 16, 2013, the New York 

State Boari of Examiners of Sex .Offenders classified the Defendant as a Sexually Violent 

Offender requiring lifetime registration. On November 2, 2015, the Defendant registered as a sex 

offender with the state of New York. On this registration, the Defendant signed and acknowledged 

the coriditioris set forth on the New York State Sex Offender Registration Forni. Specifically, the 

Defenqant acknowledged that he had to notify New York's Division of Criminal Justice Services 

(DCJS) in writing of any change in his home address within 10 days of any move; had to. submit 

written verification of his home address ~yery year and that if he moved, worked, or. attended. 

school in another state, it was his responsibility to. register as a sex offender as required by :that 

state.' B~tween_November 2, 2015 and October 14, 2021, the Defendant registered seven times in · 

New Y mk as ,a sex offender. 

On April 20, 2022, the Defendant obtained a Florida Identification card listing 2695 NW 

-) 

Hatches Harbor Rd, Apt 203, Port St Lucie, Florida, 34983 as his residence. The Defendant 

_ provid~d a :New York Identification Card, a New York Birth Certificate and a Floria.a DMV 

Certification of Address Form signed by his mother, SB, as proof of identification and residency. 

On April 22, 2022, the· Defendant obtained a Florida Learner License listing. the same 

address of 2695 NW Hatches Harbor Rd, Apt 203, Port St Lucie, Fl, 34983. The Defendant's 

Learner License did no~ have the sex offender identifier as required by Florida Statute Section 

943.0435(3). On both the Florida Identification Card and Florida Learner License applications, 

the Defendant selected "NO" to the question specifically asking if the Defendant was a Sexual ' . . 

Predator or Sexual Offender. The Defendant then signed the documents under penalty of perjury 

that the information he provided in his applications were true and correct. 

On May 13, 2022, the Defendant obtained his Florida Driver License. On the Florida 

License application, the Defendant again selected ''NO" to the _ciuestion specifically asking if the 

2 

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Defendant was a Sexual Predator or Sexual Offender. The Defendant again signed the document 

under penalty of perjury thatthe info~ation given by him in the applicatibn was true and-correct. 

The Defendant's Florida Driver License did not have the sex offender identifier as required by 

--Florida Statute Section 943:0435(3). 

_ ~ecorcls obtained from the Defendant's previous employers in Saint Lucie County establish 

· that the Defendant resided in Florida since at least :t\.1arc,h 3, 2022. From approximately March 3, 

~ 

20221:b,rough Jμne 16, 2022 the Defendant was employed at an Indian Restaurant in Port Saint 

. Lucie. Since approximately June 29th until August 10, 2022, the Defendant was employed at a7-

Eleven in Port Saint Lucie. On his 7-Eleven employment application, the Defendant listed his 

resid~t)tial address as 2695 NW Hatches- Harbor Rd., Apartment 203 and provided an incorrect 

- social security number. 

The Defendant wa,s required -to register under the Sex Offender Registration _and 

Notificatior:i Act bec_ause on February 22, 2012, he was convicted of Criminal Sexual Contact in 

New Jersey, a qualifying offense, and then relocated to Florida in March of 2022. · A Diligent 

Search was conducted by .FDLE for any sex offender registrations in Florida for the Defendant. 

No registrations were located for the Defendant from April 20, 2022 through August 10, 2022. 

The D,eferidant admits that he understands the eleme,nts for proving Failure to_ Register as 

a Sex Offender, in violation of Title 18, United States Code, Section2250(a) ate as follows: 1 

(1) That the Defendarit was required to register under the Sex Offender Registration and . 

Notification Act,' and 

(2) That the Defendant traveled in interstate commerce; arid 

. (3) That the Defendant knowingly failed to register and keep a current registration 

· - - as required by the Sex Offender Registration and-Notification Act. 

These three elell1:ents must be proven to have occurred in sequence. 

1 Th~ Eleventh Circuit does not have pattern jury instruction for 18 U.S.C. § 2250(a). This instruction is 

P_attem Crim. Jury Instr._ 5th Cir. 2,83 (2019). -

3 

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A person is required to 'register_ if.lie is a sex offender, which me~s_ a person convicted of a sex 

off~nse. -_ Criminal Sexual Contact/in,violation ·of New Jersey Statute 2C: l 4~3B, is a sex offense. 

A sex offender is required to register where he resides, which is the location of his home_ or other 

- place ~here he habitually lives. Resides means the location of an-individual's home or other place 

where that individual habitually lives, even if the person has no home or fixed address anywhere 

- or is homeless. -

Tbe Government must prove beyond a reasonable doubt that the Defendant knew he had to register 

and that_ he intentionally did not do so, but the Government does not have to prove that the 

Defendan,t knew he was violating federal law. -

Dare, f/z~ 

By: 

JOSE ANTONIO GONZALEZ 

UNITE ST TESATTORNE 

D1cIAN=.-_ -h,___ A-__ C.:..,.0-ST.,.._ A~'---=-=~-----

ASSISJANT UNITED.STATES ATTORNEY 

By:;/;(~ PITTERBIRCH. . . . ' 

ATTORNEY FOR DEFENDANT 

By:K~//1{~ 

DEFENDANT 

4. 

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