1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 22-cr-20413-Gayles

UNITED STATES OF AMERICA,

v.

LESTER DELGADO ECHEVARRIA.

______________________________________/

SENTENCING MEMORANDUM

Lester Delgado Echevarria ("Mr. Delgado") is a 35-year-old father of one who stands 

before the Court to be sentenced for his role as nominee owner of a company that fraudulently 

billed Medicare. Mr. Delgado has been in this Country since 2019 and has worked consistently. 

He is a talented electrician who, as evidenced by letters sent to the Court, enjoys an excellent 

reputation for decency, hard work, and commitment to family and friends. 

Mr. Delgado cooperated with the government almost immediately and has moved quickly 

to make sure that the government does not expend resources towards his prosecution. He has 

met with the government on more than one occasion and has otherwise behaved admirably 

during the pendency of the case. His status as a first offender combined with his role in this case 

suggests that a sentence within the guidelines is too harsh. For these reasons and the recent 

passing of the amended sentencing guidelines principles the Court should sentence Mr. Delgado 

below the guidelines range. 

The amendments to the sentencing guidelines, which have been adopted by the U.S. 

Sentencing Commission and are set to become effective on November 1st of this year, 

recommend lower sentences for defendants, like Mr. Delgado, who have zero criminal history 

Case 1:22-cr-20413-DPG Document 29 Entered on FLSD Docket 04/17/2023 Page 1 of 4
2

points.1 Notably, the Commission has voted to adopt a new § 4C1.1 that would reduce the total 

offense level by two points for zero-point defendants meeting the following criteria, all of which 

are met by Mr. Delgado: “(1) the defendant did not receive any criminal history points from 

Chapter Four, Part A; (2) the defendant did not receive an adjustment under §3A1.4 (Terrorism); 

(3) the defendant did not use violence or credible threats of violence in connection with the 

offense; (4) the offense did not result in death or serious bodily injury; (5) the instant offense of 

conviction is not a sex offense; (6) the defendant did not personally cause substantial financial 

hardship; (7) the defendant did not possess, receive, purchase, transport, transfer, sell, or 

otherwise dispose of a firearm or other dangerous weapon (or induce another participant to do 

so) in connection with the offense; (8) the instant offense of conviction is not covered by §2H1.1 

(Offenses Involving Individual Rights); (9) the defendant did not receive an adjustment under 

§3A1.1 (Hate Crime Motivation or Vulnerable Victim) or §3A1.5 (Serious Human Rights 

Offense); and (10) the defendant did not receive an adjustment under §3B1.1 (Aggravating Role) 

and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. § 848.” Id., at 

11-12. A two-level reduction of Mr. Delgado total offense level would yield an advisory range of 

18 to 24 months. The newly adopted amendments reflect the Sentencing Commission’s judgment 

that the current guidelines, at least in the case of first-time offenders with zero criminal history 

points, yield sentences that are too high. And only a few months from now, sentences imposed in 

cases just like this one will be anchored by guidelines that are lower than those applicable to the

case today. Thus, a sentence below the guideline range here would be appropriate both to 

accurately reflect Mr. Delgado's conduct and history based on the Sentencing Commission’s 

most updated thinking, and to avoid unwarranted disparities whether looked at in terms of 

1 Amendments to the Sentencing Guidelines (Preliminary), U.S. Sentencing Commission, chrome-extension: 

https://www.ussc.gov/sites/default/files/pdf/amendment-process/reader-friendly-amendments/20230405_prelimRF.pdf (Apr. 5, 2023), at i-ii.

Case 1:22-cr-20413-DPG Document 29 Entered on FLSD Docket 04/17/2023 Page 2 of 4
3

historical trends or directives that will apply to similarly situated defendants in the immediate 

future.

Further the Commission amended Section 5C1.1 application note 4 to advise that a 

sentence other than imprisonment is generally appropriate if the person is in Zone A or B of the 

Sentencing table and gets a Section 4C1.1 reduction. It also advises that a sentence of nonimprisonment may be appropriate for a person in any sentencing zone if they qualify for Section 

4C1.1 and the guideline range overstate the gravity of the offense. 

Mr. Delgado is charged with Medicare fraud as a nominee owner. The loss amount 

contributes 14 points to the offense level. Nominee owners are not involved in the billing nor 

are they the recipients of the bulk of the monies received from the fraud and are paid a fixed sum 

to serve as the face of the company and draw the attention of law enforcement. For those 

reasons the loss amount does not accurately reflect Mr. Delgado's participation and overstates his 

responsibilities and/or duties. Had Mr. Delgado personally received the entirety of the stolen 

funds, the guideline range would be pretty much as they are now. This case appears to be the 

exact non-incarceration scenario anticipated by the Sentencing Commission. A first offender 

with no statutory aggravators looking at a relatively low sentencing range. Mr. Delgado should 

receive a reduction of 2 points and a sentence other than imprisonment as suggested by the new 

Sentencing Guidelines Amendments. 

Case 1:22-cr-20413-DPG Document 29 Entered on FLSD Docket 04/17/2023 Page 3 of 4
4

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to all 

relevant parties herein via the CM/ECF system.

Respectfully submitted,

JUAN DE JESUS GONZALEZ, LAWYER, PA

Attorney for Lester Delgado Echevarria

2460 S.W. 137 Avenue, Suite 254

Miami, Florida 33175

305-596-4500 office

305-596-4515 fax

786-486-9708 cell

JuanGonzalezLaw@aol.com

/s/ Juan de Jesus Gonzalez

___________________________________

Juan de Jesus Gonzalez, Lawyer

FBN 371904

Case 1:22-cr-20413-DPG Document 29 Entered on FLSD Docket 04/17/2023 Page 4 of 4