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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-80180-Cr-CANNON

UNITED STATES OF AMERICA,

 Plaintiff, 

vs. 

HOWARD WRIGHT, et al., 

 Defendants. 

_____________________________________/ 

 

GOVERNMENT=S RESPONSE 

TO DEFENDANT WRIGHT’S

MOTION FOR DOWNWARD VARIANCE (DE 47) 

COMES NOW the United States of America, by and through the undersigned Assistant 

United States Attorney and hereby submits for the Court’s consideration in sentencing the instant 

Government’s Response to Defendant Wright’s Motion for Downward Variance (DE 47). In

response thereto, the government states as follows: 

I. ARGUMENT

As the Court is aware, on May 17, 2023, the government filed a motion on behalf of 

defendant pursuant to USSG § 5K1.1, requesting this Honorable Court grant defendant Wright a 

one-third reduction in his sentence based on his provision of substantial assistance to the 

government in the prosecution of another individual in a significant case (DE 46). On May 21, 

2023, defendant, through counsel, filed a motion seeking a downward variance requesting a 

sentence of time served (DE 47). 

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It is submitted that this case presents a difficult balancing of equities. In defendant’s favor

and to his credit, the government agrees that: First, as stated previously, defendant Wright fully 

cooperated from his first contact with U.S. law enforcement and continued to do; Second, the 

successful prosecution of his codefendant would likely have not been possible but for that 

cooperation, given the circumstances of this case; Third, the government has no reason to 

disbelieve defendant Wright’s statements about having assisted the other aliens on board the 

smuggling vessel survive at sea, and defendant Wright was observed physically fighting 

codefendant Cleare by U.S. Coastguard personnel as they approached the smuggling vessel which 

provides some corroboration of Wright’s version of events.

On the reverse side of the equation, the defendant does have an approximate 23 year-old 

past conviction for Conspiracy to Traffic in Cannabis Over 50 LBS, less than 2,000 LBS from 

1999 (DE 44, ¶ 28, at 8). While this offense no longer qualifies as an Aggravated Felony under 

Eleventh Circuit precedent as stated in the government’s 5K1.1 motion (see DE 46, ¶ 2, at 2 & 

n.2), and thus this Honorable Court can certainly consider the fact that the defendant’s criminal 

history category was adjusted to a Level II based on a sentence which would likely have been 

different if imposed today, the government must note that a prior 41-month sentence did not 

ultimately deter the defendant from attempting to reenter the United States some eleven years 

following his release from U.S. Custody (DE 44, ¶ 29, at 9). The defendant also has two arrests

(but no convictions) for two violent offenses noted in the “Other Criminal Conduct” section of the 

Presentence Investigation Report (id., ¶¶ 32, 33, at 10). However, those offense occurred in 2001 

and 2009, when the defendant was 29 and 36 (id.). Defendant Wright is now 53 (id., at 3).

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Defense counsel further argues that “Wright will be detained for an uncertain period before 

he is removed following whatever sentence this Court orders” as an additional reason in favor of 

a further variance mitigation of defendant’s sentence to time served (DE 47, at 3, 5). However, 

the government must respectfully disagree that the defendant could reasonably expect to be 

delayed even the “average length of detention [of] 63.5 days,” much less “for months” (id., at 5). 

The figure cited by the defendant of 63.5 days, which include removal to distant countries like 

Nepal or the United Arab Emirates. When detention stretches to months it is almost always 

entirely due to a defendant contesting their removal, and attempting to stay in the United States. 

According to ICE Deportation Officer Ronald Andersson, removals to Jamaica generally take no 

more than three (3) weeks, including obtaining the necessary travel documentation from Jamaica.

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II. CONCLUSION

For the reasons set forth above, while the government entirely and wholeheartedly believes 

that the defendant provided substantial assistance to the government and respectfully requests this 

Honorable Court to grant the government’s 5K1.1 motion and reward him accordingly for that 

decision, the government believes the Court is best suited to determine whether any further

reduction of the defendant’s sentence is warranted, and would respectfully defer to the Court in 

that regard.

 Respectfully submitted,

MARKENZY LAPOINTE

UNITED STATES ATTORNEY

 BY: s/ John C. McMillan 

 JOHN C. McMILLAN

ASSISTANT UNITED STATES ATTORNEY

 Admin. No. A5500228 

500 S. Australian Ave., Suite 400 

West Palm Beach, FL 33401

Office: (561) 820-8711 

Email: John.McMillan@usdoj.gov

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 22, 2023, I electronically filed the foregoing document 

with the Clerk of the Court using CM/ECF. According to the Court’s website, counsel for all 

parties are able to receive notice via the CM/ECF system. 

By: / s/ John C. McMillan 

 JOHN C. McMILLAN

ASSISTANT UNITED STATES ATTORNEY 

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