UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-60205-CR-RUIZ 

UNITED STATES OF AMERICA 

vs. 

JOSHUA DAVID LUBITZ, 

Defendant. 

______________ / 

PLEA AGREEMENT 

The United States Attorney's Office for the Southern District of Florida (hereinafter 

referred to as the "Office") and JOSHUA DAVID LUBITZ (hereinafter referred to as "the 

defendant"), enter into the following agreement: 

1. The defendant agrees to plead guilty to Count 1 of the Indictment, which count 

charges the defendant with intimidation in voting in violation of Title 52, U.S.C., Section 

20511 (1 )(B). 

2. The defendant is aware that the sentence will be imposed by the Court after 

considering the 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 presentence 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 guideline range that it has computed and may raise or lower that advisory sentence 

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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 that sentence; 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 sentence. 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 offense identified in paragraph 1 and that the 

defendant may not withdraw the plea solely as a result of the sentence imposed. 

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

statutory maximum term of imprisonment ofup to five (5) years, followed by a term of supervised 

release of up to three (3) years. In addition to a term of imprisonment and supervised release, the 

Court may impose a fine of up to $250,000 and may order restitution. 

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

sentence imposed under paragraph 3 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, 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. 

5. The 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 

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

to the quality and quantity of punishment. 

6. The Office agrees that it will recommend at sentencing that the Court reduce by 

two levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section 

3E 1.1 ( a) of the Sentencing Guidelines, based upon the defendant's recognition and affirmative 

and timely acceptance of personal responsibility. This Office further agrees to recommend that the 

defendant be sentenced at the low end of the guideline range, as that range is determined by the 

Court. However, the United States will not be required to make these sentencing recommendations 

if defendant: (1) fails or refuses to make full, accurate and complete disclosure to the probation 

office of the circumstances surrounding the relevant offense conduct; or (2) 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. 

7. The government agrees that, although not binding on the probation office or the 

Court, it will not object to a motion by the defense for a downward variance pursuant to Section 

3553(a)(l) of the Sentencing Guidelines. The government reserves the right, however, to 

recommend the extent of any downward variance. This agreement is not intended to prevent the 

government from agreeing with enhancements that may be brought to the parties' attention by the 

probation office or the Court. 

8. The defendant understands and acknowledges that the Court is under no obligation 

to grant a motion for a variance. 

9. The defendant is aware that the sentence has not yet been determined by the Court. 

The defendant is also aware that any estimate of the probable sentencing range or sentence that the 

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defendant may receive, whether that estimate comes from the defendant's attorney, the 

government, or the probation office, is a prediction, not a promise, and is not binding on the 

government, the probation office or the Court. The defendant understands further that any 

recommendation that the government 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 2 above, that the defendant may not withdraw his plea based upon the 

Court's decision not to accept a sentencing recommendation made by the defendant, the 

government, or a recommendation made jointly by both the defendant and the government. 

10. The defendant is aware that Title 18, United States Code, Section 3742 and Title 

28, United States Code, Section 1291 afford the defendant the right to appeal the sentence imposed 

in this 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 3742 and 1291 

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 appellate rights. By signing this agreement, 

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the defendant acknowledges that the defendant has discussed the appeal waiver set forth in this 

agreement with the defendant's attorney. 

11 . This is the entire agreement and understanding between this Office and the 

defendant. There are no other agreements, promises, representations, or understandings. 

Date ___ s/4& 7__,____,,~---

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Respectfully submitted, 

MARKENZY LAPOINTE 

UNITED STATES ATTORNEY 

By: _l,,,,_,,::.~l,......J."--~......4£____::~ - ------

, . 

ASSISTANT UNITED STATES ATTORNEY 

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ASSISTANT UNITED STATES ATTORNEY 

By:----+--~-----------

JOSHU 

DEFEN 

AVID LUBITZ 

NT 

NATHAN FRI DMAN, ESQ. 

FENSE COUNSEL 

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