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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 22-20446-CR-DIMITROULEAS/BECERRA 

UNITED STATES OF AMERICA 

vs. 

STALIN J. FERRER-GONZALEZ, 

Defendant. 

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PLEA AGREEMENT 

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

and STALIN J. FERRER-GONZALEZ (hereinafter referred to as the "defendant") enter into the 

following agreement: 

1. The defendant agrees to plead guilty to Count One of the Indictment (hereinafter 

"Indictment"), which count charges that from in or around 2015, and continuing through the date 

of the return of the Indictment (September 20, 2022), in the country of the Dominican Republic, 

and elsewhere, the defendant did knowingly and willfully conspire with other persons to 

distribute a controlled substance in Schedule II, that is, 5 kilograms or more of a mixture and 

substance containing a detectable amount of cocaine, intending, knowing, and having reasonable 

cause to believe that such controlled substance would be unlawfully imported into the United 

States, in violation of Title 21, United States Code, Section 959(a); all in violation of Title 21, 

United States Code, Section 963. 

2. The United States agrees to dismiss Counts Two and Three of the Indictment at the time 

of sentencing. 

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3. 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 ,, 

Sentencing Guidelines 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. 

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

maximum term of imprisonment of up to life imprisonment and must impose a statutory minimum 

term of 10 years' imprisonment, followed by a term of supervised release of at least 5 years and 

up to a lifetime of supervised release. In addition to a term of imprisonment and supervised 

release, the Court may impose a fine ofup to $10,000,000. 

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

imposed under paragraph 4 of this agreement, a special assessment in the amount of $100 will be 

imposed on the defendant. The defendant agrees that any special assessment imposed shall be 

paid at the time of sentencing. If the defendant is financially unable to pay the special assessment, 

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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. 

6. 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 I 

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

to the quality and quantity of punishment. 

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

the Sentencing Guidelines level applicable to the defendant's offense, pursuant to Section 3 E 1.1 (a) 

of the Sentencing Guidelines, based upon the defendant's recognition and affirmative and timely 

acceptance of personal responsibility. If at the time of sentencing the defendant's offense level is 

determined to be 16 or greater, this Office will file a motion requesting an additional one level 

decrease pursuant to Section 3El.l(b) of the Sentencing Guidelines, stating that the defendant has 

assisted authorities in the investigation or prosecution of the defendant's own misconduct by 

timely notifying authorities of the defendant's intention to enter a plea of guilty, thereby permitting 

the government to avoid preparing for trial and permitting the government and the Court to allocate 

their resources efficiently. This Office further agrees to recommend that the defendant be 

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sentenced at the low end of the guideline range, as that range is determined by the Court. This 

Office, however, will not be required to make this motion and 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. 

8. The United States and the defendant agree that at the time of sentencing, although not 

binding on the probation office or the Court, they will jointly recommend that, pursuant to Section 

5Cl.2 of the Sentencing Guidelines, the Court impose a sentence without regard to any statutory 

minimum sentence identified in paragraph 4 above, provided that: 

a. the defendant does not have: 

1. more than four Criminal History points, excluding any Criminal History 

points resulting from a I-point offense, as calculated under the Sentencing 

Guidelines; 

2. a prior offense earning three points as calculated under the Sentencing 

Guidelines; or 

3. a prior violent offense (as defined in Title18, U.S.C., Section 16) earning 

two points as calculated under the Sentencing Guidelines; 

b. the defendant did not use violence or credible threats of violence or possessed a 

firearm or other dangerous weapon ( or induced another participant to do so) in connection with 

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the offense; 

c. the offense did not result in death or serious bodily injury to any person; 

d. the defendant was not an organizer, leader, manager, or supervisor of others in the 

offense, as determined under the Sentencing Guidelines and was not engaged in a continuing 

criminal enterprise; and 

e. not later than the time of the initial sentencing hearing, the defendant has truthfully 

provided to the Government all information and evidence that the defendant has concerning the 

offense of offenses that were part of the same course of conduct or of a common scheme or plan. 

9. 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. That the quantity of cocaine involved in the offense, for purposes of Section 

2Dl.l(a) and (c) of the Sentencing Guidelines, is greater than 450 kilograms (corresponding to 

level 38 of the Guidelines). 

10. 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 

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

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 3 above, that the 

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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. 

11. The defendant agrees that he shall cooperate fully with this Office by: (a) providing truthful 

and complete information and testimony, and producing documents, records and other evidence, 

when called upon by this Office, whether in interviews, before a grand jury, or at any trial or other 

Court proceeding; (b) appearing at such grand jury proceedings, hearings, trials, and other judicial 

proceedings, and at meetings, as may be required by this Office; and ( c) if requested by this Office, 

working in an undercover role under the supervision of, and in compliance with, law enforcement 

officers and agents. In addition, the defendant agrees that he will not protect any person or entity 

through false information or omission, that he will not falsely implicate any person or entity, and 

that he that he will not commit any further crimes. 

12. This Office reserves the right to evaluate the nature and extent of the defendant's 

cooperation and to make that cooperation, or lack thereof, known to the Court at the time of 

sentencing. If in the sole and unreviewable judgment of this Office the defendant's cooperation 

is of such quality and significance to the investigation or prosecution of other criminal matters as 

to warrant the Court's downward departure from the advisory sentencing range calculated under 

the Sentencing Guidelines and/or any applicable minimum mandatory sentence, this Office may 

make a motion prior to sentencing pursuant to Section 5Kl .1 of the Sentencing Guidelines and/or 

Title 18, United States Code, Section 3553(e), or subsequent to sentencing pursuant to Rule 35 of 

the Federal Rules of Criminal Procedure, informing the Court that the defendant has provided 

substantial assistance and recommending that the defendant's sentence be reduced. The 

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defendant understands and agrees, however, that nothing in this agreement requires this Office to 

file any such motions, and that this Office's assessment of the quality and significance of the 

defendant's cooperation shall be binding as it relates to the appropriateness of this Office's filing 

or non-filing of a motion to reduce sentence. 

13. The defendant understands and acknowledges that the Court is under no obligation to grant 

a motion for reduction of sentence filed by this Office. In addition, the defendant further 

understands and acknowledges that the Court is under no obligation of any type to reduce the 

defendant's sentence because of the defendant's cooperation. 

14. 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 property constituting, or 

derived from, any proceeds obtained, directly or indirectly, as a result of the offense in Count One 

of the Indictment, and any property used, or intended to be used, in any manner or part, to commit, 

or to facilitate the commission of, such offense, pursuant to Title 21, United States Code, Section 

853. In addition, the defendant agrees to forfeiture of substitute property pursuant to 21 U.S.C. § 

853(p ). The property subject to forfeiture includes but is not limited to a forfeiture money 

judgment in a sum to be determined, which represents the proceeds of the defendant's involvement 

in the offense charged in Count One of the indictment. 

15. 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 w~ive all constitutional, legal, and equitable defenses to the forfeiture, including 

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

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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. 

16. The defendant agrees to assist this Office in all proceedings, administrative or judicial, 

involving forfeiture to the United States of any property, including substitute property, regardless 

of its nature or form, real or personal, which the defendant or others known to the defendant, have 

accumulated as _a result of illegal activities. The assistance shall include identification of any 

property subject to forfeiture, agreement to the entry of an order enjoining the transfer or 

encumbrance of such property, and the transfer of such property to the United States by delivery 

to this Office upon this Office's request, any necessary and appropriate documentation, including 

consents to forfeiture and quit claim deeds, to deliver good and marketable title to such property. 

17. The defendant also agrees to fully and truthfully disclose the existence, nature and location 

of all assets in which the defendant has or had any direct or indirect financial interest or control, 

and any assets involved in the offense of conviction. The defendant agrees to take all steps 

requested by the United States for the recovery and forfeiture of all assets identified by the United 

States as subject to forfeiture. This includes, but is not limited to, the timely delivery upon request 

of all necessary and appropriate documentation to deliver good and marketable title, consenting to 

all orders of forfeiture, and not contesting or impeding in any way with any criminal, civil or 

administrative forfeiture proceeding concerning the forfeiture. 

18. In furtherance of the satisfaction of a forfeiture money judgment entered by the Court in 

this case, the defendant agrees to the following: 

a. submit a financial statement to this Office upon request, within 14 

calendar days from the request; 

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b. maintain any asset valued in excess of $10,000, and not sell, hide, 

waste, encumber, destroy, or otherwise devalue such asset without 

prior approval of the United States; 

c. provide information about any transfer qf an asset valued in excess 

of $10,000 since the commencement of the offense conduct in this 

case to date; 

d. cooperate fully in the investigation and the identification of assets, 

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including liquidating assets, meeting with representatives of the I 

United States, and providing any documentation requested; and 

e. notify, within 30 days, the Clerk of the Court for the Southern 

District of Florida and this Office, of: (i) any change of name, 

residence, or mailing address, and (ii) any material change in 

economic circumstances. 

The defendant further understands that providing false or incomplete information about assets, 

concealing assets, making materially false statements or representations, or making or using false 

writings or documents pertaining to assets, taking any action that would impede the forfeiture of 

assets, or failing to cooperate fully in the investigation and identification of assets may be used as 

a basis for: (i) separate prosecution, including, under 18 U.S.C. § 1001; or (ii) recommendation of ( 

a denial of a reduction for acceptance of responsibility pursuant to the United States Sentencing 

Guidelines § 3El .1. 

19. The defendant is aware that Title 28, United States Code, Section 1291 and Title 18, United 

States Code, Section 3742 afford the defendant the right to appeal the sentence imposed in this 

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case .. Acknowledging this, in exchange for the undertakings made by the United States in this 

plea agreement, the defendant hereby waives all rights conferred by Sections 1291 and 3742 to 

appeal any sentence imposed, including any restitution order, or to appeal the manner in which the 

sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the 

result of an upward departure and/or an upward variance from the advisory guideline range that 

the Court establishes at sentencing. The defendant further understands that nothing in this 

agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United 

States Code, Section 3742(b) and Title 28, United States Code, Section 1291. However, if the 

United States appeals the defendant's sentence pursuant to Sections 3742(b) and 1291, the 

defendant shall be released from the above waiver of his right to appeal his sentence. The 

defendant further hereby waives all rights conferred by Title 28, United States Code, Section 1291 

to assert any claim that (1) the statute(s) to which the defendant is pleading guilty is/are 

unconstitutional; and/or (2) the admitted conduct does not fall within the scope of the statute(s) of 

conviction. By signing this agreement, the defendant acknowledges that the defendant has 

discussed the appeal waiver set forth in this agreement with the defendant's attorney. The 

defendant further agrees, together with this Office, to request that the Court enter a specific finding 

that the defendant's waiver of his right to appeal the sentence imposed in this case and his right to 

appeal his conviction in the manner described above was knowing and voluntary. 

20. The defendant recognizes that pleading guilty may have consequences with respect to the 

defendant's immigration status if the defendant is not a citizen of the United States. Under federal 

law, a broad range of crimes are removable offenses, including the offense to which the defendant 

is pleading guilty. Indeed, because the defendant is pleading guilty to narcotics trafficking, 

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removal is presumptively mandatory. The defendant knowingly and voluntarily consents to 

removal from the United States following completion of his sentence, waives any rights relating 

to any and all forms of relief from removal or exclusion, agrees to abandon any pending 

applications for such relief, and agrees to cooperate with the Department of Homeland Security 

during removal proceedings. 

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

There are no other agreements, promises, representations, or understandings and this agreement 

supersedes any prior agreements, including any Kastigar letter agreements entered. 

Date: l/i}f:2-61J 

Date: 

Date: 

By: 

MARKENZY LAPOINTE 

UNITED STATES ATTORNEY 

RICHARD E. G TCHELL 

ASSISTANT UN TED STAT 

By:~,J;S 

ATTORNEY FOR DEFENDANT 

By: ST-= ~. ~ONZALEZ 

DEFENDANT 

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