UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 22-8507-WM 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs. 

HOWARD WRIGHT, 

Defendant. 

------------------' 

CRIMINAL COVER SHEET 

1. Did this matter originate from a matter pending in the Miami Office of the United 

States Attorney's Office prior to July 20, 2008? 

Yes X No 

2. Did this matter originate from a matter pending in the Northern Region of the United 

States Attorney's Office (West Palm Beach Office) only prior to December 18, 2011? 

Yes X No 

3. Did this matter originate from a matter pending in the Fort Pierce Office of the 

United States Attorney's Office prior to August 8, 2014? 

Yes X No 

BY: 

Respectfully submitted, 

JUAN ANTONIO GONZALEZ 

UNIT D STATES ATTORNEY 

TANT UNITE TES ATTORNEY 

Admin . No. A5500228 

500 S. Australian Ave., Suite 400 

West Palm Beach, FL 33401 

Office: (561) 820-8711 

John.mcmillan@usdoj.gov 

Case 9:22-cr-80180-AMC Document 1 Entered on FLSD Docket 11/03/2022 Page 1 of 10
I 

AO 91 (Rev. 08/09) Criminal Complaint FILED BY---111""'"" 1

~ D.C. 

J -

UNITED STATES DISTRJCT COUR~ ~ \ 

NOV O 2 2022 

United States of America 

V. 

HOWARD WRIGHT 

Defendanr(s) 

fo r the 

Southern Distri ct of Florida 

) 

) 

) 

) 

) 

) 

Case No. 22-8507-WM 

CRIMINAL COMPLAINT 

ANGELA E. NOBLE 

CLERK U.S. DIST. CT. 

S.D. OF FLA. WP.8. 

1, the complainant in this case, state that the following is true to the best of my knowledge and belief. 

On or about the date(s) of 10/25/2022 - 10/30/2022 in the county of _ _ _ _ Pa_l_m_B_e_a_c_h _ _ _ in the 

Southern District of Florida, and elsewhere , the defendant(s) violated: 

Code Section 

8 U.S.C. §§ 1326(a), 1326(b)(2) 

Offense Description 

Attempted Re-entry After Deportation (Aggravated Felon) 

This criminal complaint is based on these facts: 

See attached Affidavit 

~ Continued on the attached sheet. 

Digitally signed by JOSHUA J 

JOSHUA J WOODBURY WOODBURY 

Date: 2022.11 .02 09:02:19 -04'00' 

Complainant 's signature 

Joshua Woodbury, Special Agent, HSI 

Printed name and title 

Subscribed and sworn to before me in accordance with the requirements offed. R. Crim. P. 4. 1 by tele hone Facetime . 

Date: 11/02/2022 

City and state: West Palm Beach Florida Hon. William Matthewman, U.S. Magistrate J udge 

Printed name and title 

Case 9:22-cr-80180-AMC Document 1 Entered on FLSD Docket 11/03/2022 Page 2 of 10
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT 

Case No. 22-8506-WM 

Case No. 22-8507-WM 

I, Joshua Woodbury, first being duly sworn, does hereby depose and state as follows: 

1. I am a Special Agent with the United States Department of Homeland Security, 

Homeland Security Investigations ("HSI") and have been so employed since June 2008. Prior 

to my employment with HSI, I worked as a United States Customs Inspector for six and a half 

years. As part of my duties and responsibilities as an HSI Special Agent, I have become 

familiar with the criminal offenses set forth in Title 8 of the United States Code, the 

Immigration and Nationality Act. Moreover, I have conducted investigations involving human 

smuggling and their related criminal activity and have become familiar with the methods and 

schemes employed by individuals who smuggle persons into the United States. 

2. The facts set forth in this affidavit are based on my personal knowledge, 

information obtained from others, including other law enforcement officers, my review of 

documents, pictures, GPS data, text messages and computer records. Because this affidavit is 

being submitted for the limited purpose of establishing probable cause to support a criminal 

Complaint, I have not included each and every fact known to me and law enforcement, rather, 

I have included only those facts necessary to establish probable cause to believe that between 

on or about October 25, 2022, and on or about October 30, 2022: 

(a) Defendant Doyle CLEARE: (i) Encouraged or induced an alien to come to, 

enter, or reside in the United States, knowing or in reckless disregard of the fact that such 

coming to, entry, or residence was or would be in violation of in violation of Title 8, United 

States Code, Section 1324(a)(l )(A)(iv); (ii) Attempted to re-enter the United States himself 

after a previous removal, whose removal was subsequent to a commission of an aggravated 

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felony in violation of Title 8, United States Code, Section 1326(b)(2); and (iii) knowingly 

aided or assisted an inadmissible alien who had been previously convicted of an aggravated 

felony to enter the United States, or who connives or conspires to procure or permit such alien 

to enter the United Sates, in violation of Title 8, United States Code, Section 1327; and 

(b) Defendant Howard WRJGHT did knowingly attempt to re-enter the United 

States after being previously removed subsequent to his conviction for an aggravated felony, 

in violation of Title 8, United States Code, Section 1326(b)(2). 

PROBABLE CAUSE 

3. On October 30, 2022, United States Coast Guard (USCG) Sector Miami 

received a report from USCG Cutter Resolute of a vessel taking on water approximately 10 

nautical miles east of Lake Worth Inlet, which your affiant knows to be within the special 

maritime and territorial jurisdiction of the United States, adjacent to Palm Beach County, 

within the Southern District of Florida. USCG Resolute reported approximately 8 persons on 

board and launched a small vessel to retrieve the persons. The vessel, a 22-foot white Mako 

center console was taking on water and in immediate danger of sinking, and all 8 passengers 

were successfully embarked onto the USCG small craft from the sinking Mako. Shortly 

thereafter, the floundering vessel sank in open water. USCG Cutter Resolute reported one (1) 

Bahamian male (CLEARE), one (1) Jamaican male (WRJGHT), three (3) Cuban females, one 

(1) Cuban male, one (1) adult Chinese female, and one (1) accompanied minor Chinese child. 

After completing biometrics all 8 foreign nationals were transferred to USCG Margaret 

Norvell. 

4. After completion of the biometrics two individuals Doyle CLEARE (a/k/a, 

"Rickie WILLIAMS") a citizen and national of the Bahamas, and Howard WRJGHT a citizen 

2 

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and national of Jamaica, came back with positive matches in the IDENT/APIS system for 

criminal histories in the United States, and both persons having been previously removed from 

the United States. 

5. Review of the Florida Consolidated Case Information System (CCIS) and U.S. 

Immigration records, established that on or about December 22, 1989, in state court in Broward 

County, Florida, defendant CLEARE was adjudicated guilty for Robbery 1/ Deadly weapon, 

shooting into an occupied dwelling and false imprisonment, and was sentenced to 6 years for 

those crimes. CLEARE served approximately 4 years in the Florida Department of Corrections 

(DOC) and was released in 1993. On or about June 15, 1993, CLEARE was deported from the 

United States for a moral turpitude conviction. Thereafter, on or about August 11, 2000, in 

Broward County, Florida, CLEARE was adjudicated guilty for possession/purchase/selling 

cannabis and violation of probation. CLEARE was sentenced to three years in county jail and 

served approximately 3 years. On or about August 27, 2003, CLEARE was again removed 

from the United States to his native country of The Bahamas. 

6. On or about April 4, 2000, in Escambia County, Florida, defendant WRIGHT 

was adjudicated guilty for conspiracy to traffic Cannabis with a weight of 0-50 pounds. 

WRIGHT was sentenced to serve 21 months incarceration. On or about January 22, 2004, 

WRIGHT was removed from the United States to his native country of Jamaica. On or about 

January 12, 2009, United States Border Patrol Officers stopped to render aid after coming upon 

a three car accident in Miami Dade County. WRIGHT gave Border Patrol Officers a fake name 

and claimed Haiti as his citizenship. WRIGHT was taken into custody by Border Patrol 

Officers and charged with illegal re-entry. On or about June 18, 2009, WRIGHT was sentenced 

3 

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to 41 months confinement in the federal penitentiary and was removed on or about September 

12, 2012. 

7. Your affiant notes that based on his review of U.S. Immigration records, both 

defendants were previously removed (deported) from the United States as Aggravated Felons. 

8. Following their apprehension by the United States Coast Guard, defendants 

CLEARE and WRIGHT were first landed at the United States Coast Guard Station in Riviera 

Beach, Palm Beach County, Southern District of Florida, and then taken to the United States 

Border Patrol Station, also located in Riviera Beach, to be interviewed. 

9. On November 1, 2022, Homeland Security Special Agents (HSI) conducted a 

post-Miranda audio and video recorded interview of defendant CLEARE. CLEARE admitted 

to departing Bimini, Bahamas on Tuesday, October 25, 2022, heading to Andros, Bahamas. 

CLEARE stated that he drove the boat the entire time until the vessel broke down. CLEARE 

stated they were underway for 4 hours before the boat stopped. CLEARE claimed that he never 

intended to come to the United States. CLEARE gave written and verbal consent for agents to 

examine his cellular device. Upon examining CLEARE's cellular telephone, however, your 

affiant noted that on October 25 , 2022, the date CLEARE stated the vessel departed Bimini, 

CLEARE took a screenshot of his location at approximately 11 :24 a.m., which according to 

the image's data, showed his location to be off the coast of Florida just north of Miami, and 

well outside the coastal waters of The Bahamas. On October 25, 2022, at approximately 4:30 

pm CLEARE attempted to send a "Whats App" text with the message, "We broke down at 

sea" followed by a picture of himself and another migrant. 

10. On November 1, 2022, HSI Special Agents conducted a post-Miranda audio 

and video recorded interview of defendant WRIGHT. WRIGHT stated that he was in Cuba 

4 

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and travelled to Nassau, Bahamas, paying the smuggling organization approximately $10.000 

upon arrival. WRIGHT stated he then departed to Freeport, Bahamas and later to Bimini, 

Bahamas. WRIGHT claimed that he stayed in run down houses during the trip, and on Tuesday 

October 25, 2022, he was taken by boat to another vessel already loaded with WRIGHT and 

the other migrants waiting offshore of Bimini. WRIGHT said that they travelled approximately 

three hours or so before the vessel broke down. WRIGHT stated that, at one point the captain 

(CLEARE) was looking at a GPS and hit a wave losing the GPS overboard. WRIGHT told 

your affiant that his intention and understanding was upon boarding the Mako vessel was that 

it would transport him to the Miami area of the United States. WRIGHT stated that after they 

broke down, they drifted at sea in rough waters, and that the only food available for the child 

was seaweed they grabbed from the ocean since there was no food or water provisions on board 

the vessel. WRIGHT stated that when the Coast Guard arrived to rescue them, he and CLEARE 

were fighting because CLEARE was doing nothing to help them, and the vessel was sinking. 

11. Checks on the United States Immigration CLAIMS database conducted at your 

affiant's request, found no record that either CLEARE or WRIGHT had sought or received 

authorization from the Secretary of Homeland Security or his/her predecessor, the Attorney 

General of the United States, to re-enter the United States. Nor were CLEARE, WRIGHT, or 

any of the other six foreign nationals on board the vessel CLEARE captained in possession of 

any documents which would have authorized them to enter the United States legally. 

12. Based on the foregoing, I submit that probable cause exists to Defendant Doyle 

CLEARE with having: (i) Encouraged or induced an alien to come to, enter, or reside in the 

United States, knowing or in reckless disregard of the fact that such coming to, entry, or 

residence was or would be in violation of in violation of Title 8, United States Code, Section 

5 

Case 9:22-cr-80180-AMC Document 1 Entered on FLSD Docket 11/03/2022 Page 7 of 10
1324(a)(l)(A)(iv); (ii) Attempted to re-enter the United States himself after a previous 

removal, whose removal was subsequent to a commission of an aggravated felony in violation 

of Title 8, United States Code, Section l 326(b )(2); and (iii) Knowingly aided or assisted an 

inadmissible alien who had been previously convicted of an aggravated felony to enter the 

United States, or who connives or conspires to procure or permit such alien to enter the United 

Sates, in violation of Title 8, United States Code, Section 1327. 

13. On the basis of the foregoing, I further submit that probable cause exists to 

charge defendant Howard WRJGHT with having knowingly attempted to re-enter the United 

States after being previously removed subsequent to his conviction for an aggravated felony, 

in violation of Title 8, United States Code, Section 1326(b)(2). 

JOSHUA WOODBURY 

Special Agent 

Homeland Security Investigations 

SWORN AND ATTESTED TO ME BY 

APPLICANT VIA TELEPHONE (F ACETIME) 

PURSUANT TO FED. R. CRIM. P. 4(d) AND 4.1 

THIS 2nd DAY OF NOVEMBER, 2022. 

HON. WILLIAM 

UNITED STATE GE 

6 

Case 9:22-cr-80180-AMC Document 1 Entered on FLSD Docket 11/03/2022 Page 8 of 10
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

PENALTY SHEET 

Defendant's Name: HOWARD WRIGHT --~-- - - ~~~--- ----- - - --- -----

Case No: 22-8507-WM - ---- ---------- ---------- - ------

Count #: 1 

Re-entry After Deportation (Aggravated Felon) 

Title 8, United States Code, Section 1326(a) and (b)(2) 

* Max. Term of Imprisonment: 20 years 

* Mandatory Min. Term of Imprisonment (if applicable): not applicable 

* Max. Supervised Release: 3 years 

* Max. Fine: $250,000 

* Special Assessment: $100.00 

Immigration consequences of removal ( deportation) from the United States upon 

conviction • 

*Refers only to possible term of incarceration, supervised release and fines. It does not include 

restitution, special assessments, parole terms, or forfeitures that may be applicable. 

Case 9:22-cr-80180-AMC Document 1 Entered on FLSD Docket 11/03/2022 Page 9 of 10
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NUMBER: 22-8507-WM 

BOND RECOMMENDATION 

DEFENDANT: HOWARD WRIGHT 

Pre-Trial Detention 

(Personal Surety) (Corporate Surety) (Cash) (Pre-Trial Detention) 

Last Known Address: __________ _ 

What Facility: 

Agent(s): H.S.I. Special Agent Joshua Woodbury 

(FBI) (SECRET SERVICE) (DEA) (IRS) (ICE) (OTHER) 

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