UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-80182-CR-CANNON

UNITED STATES OF AMERICA

vs.

RIGOBERTO MARTINEZ-FLORES,

Defendant.

_______________________________/

Government=s Response to Defendant=s Objections to

Presentence Investigation Report (DE 21)

The United States of America, by and through the undersigned Assistant United States 

Attorney, hereby files this response to the defendant=s objections to the Presentence Investigation 

Report (DE 21).

The defendant objects to PSI ¶ 37 and denies the factual allegations contained therein. 

PSI ¶ 37 details the underlying facts of the defendant’s most recent arrest for aggravated assault 

with a deadly weapon and criminal mischief. The facts contained therein were obtained from the 

police reports that documented the incident. U.S.S.G. § 1B1.4 allows the Court to consider, 

without limitation, any information concerning the background, character and conduct of the 

defendant, unless otherwise prohibited by law. The information contained in the sworn police 

reports is considered reliable by the Probation Officer, as set forth in the Addendum to the PSI. 

The Court should note but overrule the defendant’s objection to PSI ¶ 37. 

The defendant also objects to two typographical errors set forth in PSI ¶¶ 3 and 5 relating 

to the defendant’s country of nationality and the date that the defendant was previously ordered to 

be removed from the United States. The Probation Officer corrected these errors by way of the 

Case 9:22-cr-80182-AMC Document 23 Entered on FLSD Docket 04/06/2023 Page 1 of 3
Addendum, and these issues are now resolved. The Government does not object to the Probation 

Officer’s corrections. 

Respectfully submitted,

MARKENZY LAPOINTE

UNITED STATES ATTORNEY

By: s/Rinku Tribuiani 

Assistant United States Attorney

Florida Bar No. 0150990

S. Australian Avenue, Suite 400

West Palm Beach, Florida 33401

Tel: 561-820-8711

Fax: 561-820-8777

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this day, April 6, 2023, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document 

is being served this day on all counsel of record or pro se parties identified on the attached Service 

List in the manner specified, either via transmission of Notices of Electronic Filing generated by 

CM/ECF or in some other authorized manner for those counsel or parties who are not authorized 

to received electronically Notices of Electronic Filing.

s/ Rinku Tribuiani 

Assistant United States Attorney

Case 9:22-cr-80182-AMC Document 23 Entered on FLSD Docket 04/06/2023 Page 2 of 3
SERVICE LIST

United States of America v. Rigoberto Martinez-Flores

Case No. 22-80182-Cannon

United States District Court, Southern District of Florida

Rinku Tribuiani

Assistant U.S. Attorney

rinku.tribuiani@usdoj.gov

500 S. Australian Avenue, Suite 400

West Palm Beach, Florida 33401

Tel: 561-820-8711

Fax: 561-820-8777

Scott Berry

Assistant Federal Public Defender

450 S. Australian Avenue, Suite 500

West Palm Beach, Florida 33401

Attorney for Defendant

Method of Service: CM/ECF

Case 9:22-cr-80182-AMC Document 23 Entered on FLSD Docket 04/06/2023 Page 3 of 3