USA v. GUTIERREZ et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-60241-CR-DAMIAN/SHAW-WILDER
UNITED STATES OF AMERICA,
v.
JOSE ESPINOZA PEREZ,
Defendant.
/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE is before the Court on an Order of Referral [ECF No. 41] from the
Honorable Melissa Damian to conduct a Change of Plea Hearing (“Hearing”) for Defendant JOSE
ESPINOZA PEREZ (“Defendant”). The Court conducted the Hearing on January 20, 2026, to
determine if Defendant should be permitted to change his plea to guilty in this matter. 	Having
conducted the Hearing, the Court makes the following REPORT and RECOMMENDATION:
1. 	The Defendant appeared at the hearing in person and was placed under oath under
penalty of perjury. The Defendant was aided by a Spanish language court interpreter.
2. 	Based on the Defendant’s responses to competency questions, the Court found the
Defendant fully competent and capable to make an informed and voluntary guilty plea.
3. 	The Court advised Defendant of his right to have the Hearing conducted by United
States District Judge Melissa Damian, the judge who will conduct the sentencing hearing and make
all findings and rulings concerning his sentence. 	The Court confirmed that Defendant had the
opportunity to fully discuss this right with his counsel. Understanding his right to have the District
Judge conduct the change of plea, Defendant, along with his counsel and the Government’s
counsel, consented to the undersigned proceeding with the change of plea. Based on Defendant’s
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responses to the Court’s inquiries regarding his consent, the Court finds that Defendant knowingly
and voluntarily gave his consent.
4. 	Upon obtaining Defendant’s consent, the Court conducted a plea colloquy as
outlined in the Bench Book for District Judges, and in accordance with Federal Rule of Criminal
Procedure 11.
5. 	The Defendant seeks to plead guilty to Count I of the Indictment, which charges
Defendant with Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation
of Title 21, United States Code, Section 846. The Government has agreed to dismiss Count II of
the Indictment.
6. 	The Defendant acknowledged that he understands the possible penalties that could
be imposed against him and the other consequences of pleading guilty to the charge in the
Indictment. The Defendant confirmed that he is aware and understands that: (1) the court must
impose a minimum term of imprisonment of ten (10) years; (2) the maximum penalty for the charge
is up to life imprisonment, followed by five (5) years up to life of supervised release as well as the
consequences for failure to comply with the conditions of supervised release; (3) the District Judge
may impose a fine of up to $10,000,000 and a special assessment of $100; and, (4) forfeiture of
any property that constitutes or is derived from or traceable to proceeds obtained directly or
indirectly from the offense or any property used or intended to be used in the commission of the
offense.
7. 	The Court discussed with Defendant the other consequences of pleading guilty to a
felony, including waiving the right to a jury trial, loss of valuable civil rights, possible removal
from the United States, and inability to obtain United States citizenship in the future. Defendant
confirmed that he is fully aware that his sentence has not yet been determined and that he cannot
withdraw the guilty plea if the sentence is greater than he currently anticipates.
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8. 	The Defendant and the Government have entered into a written Plea Agreement,
which was signed by the Government’s counsel, Defendant’s counsel, and the Defendant. The
parties presented the Plea Agreement to the Court. The Defendant confirmed that the Plea
Agreement reflects his entire agreement and understanding with the Government. The Plea
Agreement has been filed in the record. [ECF No. 51].
9. 	The Court conducted a detailed review of the terms of the Plea Agreement with the
Defendant, who stated that he fully understood the entire agreement and had reviewed and signed
it with the advice and consultation of his attorney. The Plea Agreement contains an appeal waiver
which the Court discussed with the Defendant. Based on the Defendant’s responses to the Court’s
inquiries, the undersigned is satisfied that the Defendant knowingly and voluntarily agreed to the
appeal waiver.
10. 	As set forth in the Plea Agreement, the Defendant confirmed to the Court that he is
aware that the District Judge will impose a sentence after considering the Federal Sentencing
Guidelines. The Court further discussed the parties’ agreements regarding the Government’s
recommendations as to the sentence to be imposed by the District Judge. The Defendant confirmed
that he is fully aware that the sentence has not yet been determined and that he cannot withdraw
the guilty plea if the District Judge does not accept the Government’s recommendations or if the
sentence is greater the Defendant currently anticipates.
11. 	The Court asked the Government’s counsel to state the elements of the crime and
summarize the evidence against Defendant that it would have established at trial. Defendant and
his counsel agreed that the Government correctly stated the elements of the crime. The parties
provided the Court a stipulated Factual Proffer signed by the Defendant, his Counsel, and the
Government’s Counsel. The Court asked the Government’s Counsel to make a factual proffer for
the record. The Defendant confirmed that he agreed with the Government’s proffer on the record
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and stated that he committed the acts stated therein. Based on the Factual Proffer and Defendant’s
responses to the Court’s questions, the undersigned finds that the factual proffer is sufficient to
establish the charge to which Defendant intends to plead guilty. The Factual Proffer has been filed
in the record. [ECF No. 52].
12. 	Defendant acknowledged that he is satisfied with his attorney, the representation
that he has received, and that he has had a full opportunity to discuss all facets of his case––
including discussing potential defenses, the Government’s burden, and potential suppression
motions––with his attorney.
13. 	Based on the foregoing and the plea colloquy conducted by this Court, the
undersigned finds that Defendant is aware of the nature of the charges and the consequences of the
plea, and that the plea of guilty is a knowing and voluntary plea supported by an independent basis
in fact containing each of the essential elements of the offense to which Defendant seeks to plead
guilty.
14. 	Accordingly, Defendant was given the opportunity to change his plea. Defendant
stated on the record that he pleads guilty to Count I of the Indictment.
CONCLUSION
For the foregoing reasons, the undersigned RECOMMENDS that the Honorable Melissa
Damian: (1) accept the guilty plea of Defendant, Jose Espinoza Perez; (2) adjudicate Defendant
guilty as to Count I of the Indictment to which he has entered a plea of guilty; and (3) conduct a
sentencing hearing for final disposition of this matter.
A pre-sentence investigation report will be prepared for the District Court by the United
States Probation Office. Sentencing will be set by a separate order before the Honorable Melissa
Damian.
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Objections to this Report and Recommendation, if any, may be filed with the Honorable
Melissa Damian within three (3) days of receipt of a copy of the Report. Failure to timely file
objections waives a party’s right to review issues related to Defendant’s plea under Fed. R. Crim.
P. 11 before the District Judge or the Court of Appeals. See Fed. R. Crim. P. 59(b)(1), (2); 11th
Cir. R. 3-1; Harrigan v. Metro-Dade Police Dep’t Station #4, 977 F.3d 1185, 1191-92 (11th Cir.
2020); 28 U.S.C. § 636(b)(1)(C). If the parties do not intend to object, the parties shall file a Notice
of Non-objection to the Report and Recommendation on Change of Plea within the same three (3)
day deadline.
RESPECTFULLY 	RECOMMENDED 	this 22nd 	day of 	January, 	2026, 	at 	Fort
Lauderdale, Florida.
DETRA SHAW-WILDER
UNITED STATES MAGISTRATE JUDGE
cc: 	The Honorable Melissa Damian
All Counsel of Record
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