17-20126-cr-moore/mcaliley - insight crime · 16-02-2017 · wilmer onelis hinestroza pereira and...

UNITED STA TES DISTRICT COURT

SO UTH ERN DISTRICT O F FLO RIDA

CASE NO.

18 U.S.C. j 37118 U.S.C. j 922(a)(1)(A)18 U.S.C. j 554(a)22 U.S.C. jj 2778(b)(2) and (c)18 U.S.C. j 981(a)(1)(C)22 U.S.C. j 40121 U.S.C. j 853

UNITED STATES OF AM ERICA

ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO H ERNANDEZ,LUIS ANTONIO URDANETA POZO,

W ILM ER ONELIS HINESTROZA PEREIM , and

ALCIBIADES DeJESUS PALM AR NARVAEZ,

Defendants.

INDICTM ENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At all times relevant to this lndidm ent:

ln furtherance of the national security and foreign policy interests of the United

States, the United States regulates and restricts the export of arm s, munitions, implements of war,

and defense articles pursuant to the Arms Export Control Act (the ''AECA''), codified at Title 22,

United States Code, Section 2778.

A principal purpose of these laws is to provide accurate and truthful infonnation to

the United States to allow departm ents of the United States governm ent to m onitor and control the

distribution, exportation, and delivery of defense articles.

17-20126-CR-MOORE/MCALILEY

Feb 16, 2017

TBCase 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 of 25

The regulations that govern such exports are the Intenzational Traffic in Arm s

Regulations (the :1lTAR''), codified at Title 22, Code of Federal Regulations, Sections 120-130.

lncluded in the ITAR is a list of defense articles and defense services that are subject to control under

the ITAR. This list, found in Title 22, Code of Federal Regulations, Section 121.1, is called the

United States M unitions List.

Pursuant to the AECA and the ITAR, no defense articles or defense services m ay be

exported or otherwise transferred from the United States to another country without a license from

the United States Departm ent of State, Directorate of Defense Trade Controls. The ITAR also

prohibits re-exports, transfers, transshipm ents, and diversions from foreig'n countries of previously

exported defense articles or services without State Department authorization.

Non-automatic and semiautomatic firearms up to caliber .50 inclusive (including

ritles, carbines, pistols, and revolvers not over .50 caliber), as well as ammunition for such firearms,

are recognized as defense articles under the United States M unitions List, Title 22, Code of Federal

Regulations, Section 12 l . l , Category 1, Subparts (a) and U)(1).

6. The defendants, ENDER ENRIQUE SOTO HERNANDEZ, ENDER ALBERTO

SO TO HERNANDEZ, LUIS ANTONIO URDANETA POZO , W ILM ER ONELIS

HINESTROZA PEREIM , and ALCIBIADES DeJESUS PALM AR NARVAEZ, did not

possess or obtain the necessary licenses to export from the United States non-autom atic and

sem iautom atic firearm s to caliber .50 inclusive and am munition.

2

Case 1:17-cr-20126-KMM Document 1 Entered on FLSD Docket 02/17/2017 of 25

CO UNT I

Conspiracy

(18 U.S.C. j 371)

The allegations set forth in paragraphs l through 6 of the General Allegations are

hel-eby incop orated as if set forth fully herein.

From on or about February 23, 20l 3, the exact date being unknown to the Grand

Jury, until on or about October 2 1, 201 6, in M iami-Dade County, in the Southern District of

Florida, and elsewhere, including the country of Venezuela, the defendants,

ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZO,

W ILM ER O NELIS HINESTROZA PEREIM , and


did knowingly and willfully com bine, conspire, confederate, and agree with Jose Gutierrez M orales,

Alfredo M ontilla Hem andez, Abrahan Jose Aguilar Sanchez, and others known and unknown to the

Grand Jury, to com mit any offense against the United States, that is:

(a) to willfully engage in the business of dealing in fireanns in foreign commerce, being

other than a licensed importer, m anufacturer, and dealer and in the course of such business to ship,

transport, and receive any firearm in foreign commerce, in violation of Title l 8, United States Code,

Sections 922(a)(l)(A) and 924(a)(1)(D);

(b) to fraudulently and knowingly export and send from the United States to a place

outside thereof, that is, Venezuela, any merchandise, article, and object, that is, fireanus and

ammunition, and did conceal and facilitate the transportation and concealm ent of such merchandise,

article, and object prior to exportation, knowing the same to be intended for exportation, contrary to

any 1aw and regulation of the United States, that is, Title 22, United States Code, Section 2778, and

3


Title 22, Code of Federal Regulations, Section 121.1 ; in violation of Title 18, United States Code,

Sections 554(a)', and

(c) to knowingly and willfully export çtdefense articles,'' that is, firearms and

am munition, from the United States to a place outside thereof, that is, Venezuela, without having

tirst obtained the required license or other written approval from the United States Departm ent of

State, Directorate of Defense Trade Control, in violation of Title 22, United States Code, Sections

2778*)(2) and (c), Title 22, Code of Federal Regulations, Section 121.1, Category 1, Subparts (a)

and (j)(1.), and 127. 1(a)(1 ).

OBJECT AND PURPOSE OF TH E CONSPIM CY

lt was an object and purpose of the conspiracy for the defendants to emich themselves and

their co-conspirators by illegally selling firearm s and ammunition in Venezuela that travelled in

foreign commerce without a license.

M ANNER AND M EANS O F THE CO NSPIM CY

The manner and means by which the defendants sought to accomplish the object and purpose

of the conspiracy included, among others, the following:

Defendants ENDER ENRIQUE SOTO HERNANDEZ and ENDER ALBERTO

SOTO H ERNANDEZ exported ammunition by packing it in their luggage for tlights from M iami,

Florida to Venezuela.

Defendant LUIS ANTO NIO URDANETA POZO and known and unknown co-

conspirators purchased fireal'm s and am munition from a variety of sources within the State of

Florida.

Defendants ENDER ALBERTO SO TO H ERNANDEZ and W ILM ER ONELIS


HINESTROZA PEREIR A and known co-conspirators stole ammunition from retail stores within

the State of Florida.

4. Defendant ENDER ENRIQUE SOTO HERNANDEZ arranged for Defendants

LUIS ANTONIO URDANETA POZO , ENDER ALBERTO SOTO HERNANDEZ, and

W ILM ER ONELIS HINESTROZA PEREIRA and known co-conspirators to take the purchased

fireanns and the purchased and stolen am munition to locations in the State of Florida to conceal

them in containers for international shipm ent.

Defendants ENDER ENRIQUE SOTO HERNANDEZ and ALCIBIADES

DeJESUS PALM AR NARVAEZ and known and unknown co-conspirators arranged for freight

fonvarders in the M iami, Florida, area to receive the packages containing the tirearm s and

amm unition and caused the freight folw arders to ship the packages to M aracaibo, Venezuela.

6. Defendants ENDER ENRIQUE SOTO HERNANDEZ, ENDER ALBERTO

SOTO HERNANDEZ, and W ILM ER O NELIS HINESTROZA PEREIM and known and

unknown co-conspirators received the packages in M aracaibo, Venezuela, and sold the fireanns and

am munition in Venezuela.

OVERT A CTS

ln furtherance of the conspiracy and to achieve the object and purpose thereof, at least one

of the co-conspirators com mitted and caused to be comm itted, in the Southern District of Florida, at

least one of the following overt acts, am ong others:

On or about February 23,2013, ENDER ALBERTO SOTO H ERNANDEZ

exported am munition by packing it in his luggage on a flight from M iam i, Florida, to M aracaibo,

Venezuela.

5


On or about August 9, 2013, ENDER ENRIQUE SOTO HERNANDEZ attempted

to export approxim ately 54 pounds' wol'th of am munition by packing it in his luggage on a flight

from M iami, Florida, to M aracaibo, Venezuela.

ln or around January 2016, ENDER ENRIQUE SOTO HERNANDEZ obtained

empty m arine battery cases for the purpose of concealing ammunition and firearms.

4.

purchased and stole am munition from retail stores in the State of Florida.

In or around January 2016, W ILM ER ONELIS H INESTROZA PEREIM

ln or around January 2016, LUIS ANTONIO URDANETA POZO provided

W ILM ER ONELIS HINESTROZA PEREIRA and Jose Gutierrez M orales with approxim ately

l 3 fireanus to package, ship and send to Venezuela.

6. ln or around January 2016, W ILM ER ONELIS HINESTRO ZA PEREIRA

packaged the firearm s and amm unition described above in the empty m arine battery cases provided

by ENDER ENRIQUE SOTO HERNANDEZ.

On or about February 1 1, 2016, ENDER ENRIQUE SOTO HERNANDEZ and

ALCIBIADES DeJESUS PALM AR NARVAEZ arranged for a freight forwarder in the M iam i,

Florida, area to take the packages containing the hidden firearm s and amm unition and ship them to

M aracaibo, Venezuela.

8 .

acquisition of two (2) AR-15 assault rifles in or around the Tanzpa, Florida, area.

In or around June 2016, LUIS ANTONIO URDANETA POZO arranged for the

ln or around June 2016, LUIS ANTONIO URDANETA POZO arranged for the

assault rifles and dozens of boxes of ammunition to be hidden in electlical generators.

10. On or about June 24, 2016, ENDER ENRIQUE SOTO HERNANDEZ and

6


ALCIBIADES DeJESUS PALM AR NARVAEZ arranged for a freight folw arder in the M iam i,

Florida, area to take the packages containing the hidden firearm s and am munition and ship them to

M aracaibo, Venezuela.

From in or around August 2016 until on or about October l9, 2016, ENDER

ALBERTO SOTO HERNANDEZ acquired firearms in the M iam i, Florida, area.

From in or around August 2016 until on or about October 19, 2016, ENDER

ALBERTO SOTO HERNANDEZ purchased and stole am munition in the M iami, Florida, area.

In or about October 2016, ENDER ALBERTO SOTO H ERNANDEZ packaged

eight (8) fireanns and approximately 23,500 rounds of ammunition in empty maline battery cases.

14. On or about October 19, 2016, LUIS ANTONIO URDANETA POZO provided

ENDER ALBERTO SOTO HERNANDEZ, Jose Gutierrez M orales, and Alfredo M ontilla

Henzandez with five (5) AR-15 assault rifles in the Miami, Flolida, area.

On or about October 21, 2016, ENDER ENRIQUE SOTO HERNANDEZ and

ALCIBIADES DeJESUS PALM AR NARVAEZ arranged for a freight fom arder in the M iami,

Flolida, area to take the packages containing the hidden eight (8) fireanus and approximately 23,500

rounds of am munition and ship them to M aracaibo, Venezuela.

All in violation of Title 18, United States Code, Section 371 .

CO UNT 2

Engaging in Business of Dealing Firearm s W ithout a License

(18 U.S.C. j 922(a)(1)(A))

From on or about Febrtlary 23, 2013, to on or about October 21 , 2016, in M iami-Dade

County, in the Southern District of Florida, and elsewhere, including the country of Venezuela, the

defendants,

7


ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO H ERNANDEZ,

LUIS ANTONIO URDANETA POZ uo

W ILM ER ONELIS H INESTROZA PEREIR A, and


did willfully engage in the business of dealing in fireanns in foreign comm erce, being other than a

licensed importer, m anufacturer, and dealer, and in the course of such business did ship, transport,

and receive any fireann in foreign comm erce, in violation of Title 18, United States Code, Sections

922(a)(1)(A), 924(a)(1)(D), and 2.

CO UNT 3

Sm uggling Firearm s and Am m unition from the United States

(Title 18, United States Code, Section 554(a))

The allegations set forth in paragraphs l through 6 of the General Allegations are

hereby incorporated as if set forth fully herein.

On or about February 1 1 , 2016, in M iam i-Dade County, in the Southern District of

Florida and elsewhere, the defendants,

ENDER ENRIQUE SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZO,

W ILM ER ONELIS H INESTROZA PEREIR A, andALCIBIADES DeJESUS PALM AR NARVAEZ,

did fraudulently and knowingly export and send from the United States to a place outside thereof,

that is, Venezuela, any merchandise, article, and object, that is, firearms and ammunition, and did

conceal and facilitate the transportation and concealment of such merchandise, article, and object

prior to exportation, knowing the sam e to be intended for exportation, contrary to any law and

regulation of the United States, that is, Title 22, United States Code, Section 2778, and Title 22,

Code of Federal Regulations, Section 12 1 . l ; in violation of Title l 8, United States Code, Sections

8


554/) and 2.

It is further alleged that the firearm s and amm unition are:

a. Twelve (12) handguns (various calibers) and

b. Numerous boxes of ammunition (various calibers).

COUNT 4

Arm s Export Control Act Violation

(Title 22 United States Code, Sections 2778(b)(2) and (c))

The allegations set forth in paragraphs 1 through 6 of the General Allegations are


On or about February l 1, 20l 6, in M iam i-Dade County, in the Southern District of


ENDER ENRIQUE SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZO,

W ILM ER O NELIS HINESTROZA PEREIM , and


did knowingly and willfully export 'çdefense articles,'' that is, fireanns and am munition, from the

United States to a place outside thereof, that is, Venezuela, without having first obtained the required

license or other written approval from the United States Departm ent of State, Directorate of Defense

Trade Control, in violation of Title 22, United States Code, Sections 2778(b)(2) and (c), Title 22,

Code of Federal Regulations, Sections 121.1 , Category 1, Subparts (a) and (j)(1), and 127.l(a)(l),

and Title l 8, United States Code, Section 2.

COUNT S

Sm uggling Firearm s and Am m unition from the United States



9



2. On or about June 25, 2016, in M iam i-Dade County, in the Southern District of

Florida, and elsewhere, the defendants,

ENDER ENRIQUE SOTO HERNANDEZ,LUIS ANTONIO URDANETA PO ZO,

W ILM ER ONELIS H INESTROZA PEREIRA, and


did fraudulently and knowingly export and send from the United States to a place outside thereof,

that is, Venezuela, any merchandise, article, and object, that is, fireanns and ammunition, and did

conceal and facilitate the transportation and concealment of such merchandise, article, and object

prior to exportation, knowing the same to be intended for exportation, contrary to any law and

regulation of the United States, that is, Title 22, United States Code, Section 2778, and Title 22,

Code of Federal Regulations, Section 12 1. l ; in violation of Title 1 8, United States Code, Sections

554(a) and 2.

3. lt is further alleged that the fireanns and amm unition are:

a. Two (2) AR-15 assault ritles and

b. 371 boxes of ammunition (valious calibers).

COUNT 6


(Title 22 United States Code, Sections 27784b)(2) and (c))


hereby incorporated as if set fol'th fully herein.

2. On or about June 25, 2016, in M iam i-Dade County, in the Southelm District of Florida

and elsewhere, the defendants,

10


ENDER ENRIQUE SOTO HERNANDEZ,LIJIS ANTO NIO URDANETA POZO ,

W ILM ER ONELIS HINESTROZA PEREIM , and


did knowingly and willfully export tfdefense articles,'' that is, fireanns and am m unition, from the

United States to a place outside thereof, that is, Venezuela, without having first obtained the required

license or other written approval from the United States Department of State, Directorate of Defense

Trade Control, in violation of Title 22, United States Code, Sections 2778(b)(2) and (c), Title 22,

Code of Federal Regulations, Sections 121 . 1, Category 1, Subparts (a) and (j)(1), and 127. l (a)(1),

and Title 18, United States Code, Section 2.

COUNT ;

Attempted Sm uggling Firearms and Am munition from the United States




On or about October 2 1, 201 6, in M iami-Dade County, in the Southern District of

Florida, and elsewhere, the defendants,

ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO H ERNANDEZ,

LUIS ANTONIO URDANETA POZ uo

ER ONELIS HINESTROZA PEREIIW andW ILMALCIBIADES DeJESUS PALM AR NARVAEZ,

did fraudulently and knowingly attempt to export and send from the United States to a place outside

thereot that is, Venezuela, any merchandise, article, and object, that is, fireanns and ammunition,

and did conceal and facilitate the transportation and concealm ent of such merchandise, article, and

object prior to exportation, knowing the same to be intended for exportation, contrary to any 1aw


and zegulation of the United States, that is, Title 22, United States Code, Section 2778, and Title

22, Code of Federal Regtllations, Section l 21.1 ; in violation of Title 18, United States Code,

Sections 554(a) and 2.

3. lt is further alleged that the t'irearm s and amm unition are:

a. One (l) Glock 19 pistol (serial # ABVT561);

One (1) Glock 34 pistol (selial # ULH920);

One (1) Glock 23 pistol (serial # UTL390);

d. One (l) Glock 34 pistol (serial # BBXW 684);

e. One (1) Glock 17 pistol (serial # XZT25l);

f. One (l) Smith & Wesson M&P Shield pistol (serial # HPYI 180);

g. One (1) Smith & Wesson M&P Shield pistol (serial # HNH6051);

h. One (1) Heckler & Koch VP9 pistol (serial # 224-124703);

One (1) Beretta 9mm pistol (serial # 4097622Z);

One (1) Smith & W esson .380 pistol (serial # KCV3473);

k. One (1) P-A 15 AR-15 assault lifle lower receiver (serial # AP003301);

One (1) DPMS AR-l5 assault ritle lower receiver (selial # FH107050);

m. One (l) Sig Sauer AR-15 assault rifle lower receiver (serial # 53E010600),.

One (1) Smith & Wesson MP15 AR-15 assault rifle lower receiver (serial

#5R.89475);

One (1) Ruger AR.-556 assault rifle lower receiver (serial # 850-2 l 853); and

25,272 rounds of ammunition (various calibers).


COUNT 8


(Title 22 United States Code, Sections 2778(b)(2) and (c))

The allegations set forth in paragraphs 1 through 6 of the General Allegations al-e

hereby incorporated as if set forth f'ully herein.

On or about October 21, 2016, in M iam i-Dade County, in the Southem District of


ENDER ENRIQUE SOTO HERNANDEZ,ENDER ALBERTO SOTO HERNANDEZ,

LUIS ANTO NIO URDANETA POZO,

W ILMER ONELIS HINESTROZA PEREIIRA andALCIBIADES DeJESUS PALM AR NARVAEZ,

did knowingly and willfully attem pt to export Efdefense articles,'' that is, firearm s and am munition,

from the United States to a place outside thereof, that is, Venezuela, without having first obtained

the required license or other written approval from the United States Departm ent of State, Directorate

of Defense Trade Control, in violation of Title 22, United States Code, Sections 2778(b)(2) and (c),

Title 22, Code of Federal Regulations, Sections 121 .1, Category 1, Subparts (a) and j*)(1), and

127.1 (a)(1),p and Title l 8, United States Code, Section 2.

FORFEITURE ALLEGATIONS

The allegations of this Indictm ent are re-alleged and by this reference fully

incorporated herein for the purpose of alleging crim inal forfeiture to the United States of America

of certain property in which the defendants, ENDER ENRIQUE SOTO HERNANDEZ, ENDER

ALBERTO SOTO HERNANDEZ, LUIS ANTONIO URDANETA PO ZO, W ILM ER

ONELIS HINESTROZA PEREIRA and ALCIBIADES DeJESUS PALM AR NARVAEZ,

have an interest.

13


Upon conviction of a violation of Title 22, United States Code, Section 2778, or

conspiracy to comm it such violation, as alleged in this Indictm ent, the defendants shall each forfeit

to the United States of Am erica any property, real or personal, which constitutes or is derived from

proceeds traceable to such offense, any anns or munitions of war or other articles exported or

rem oved fl-om the United States as a result of the offense, and any vessel, vehicle, or aircraft

containing the same or which has been or is being used in exporting or attempting to export such

arm s or m unitions of war or other articles, pursuant to Title 18, United States Code, Section

98 1(a)(1)(C) and Title 22, United States Code, Section 401 .

Upon conviction of a violation of Title 18, United States Code, Section 554, as

alleged in this Indictment, the defendants shall each forfeit to the United States of Am erica any

property, real ol- personal, which constitutes or is derived from proceeds traceable to such offense,

pursuant to Title l 8, United States Code, Section 98 1(a)(1)(C).

4. Upon conviction of any violation of criminal law of the United States, as alleged in

this Indictm ent, the defendants shall each forfeit the United States of Am erica any fireanns and

am munition involved in the comm ission of such offense, pursuant to Title 18, United States Code,

Section 924(d).

The property which is subject to forfeiture includes, but is not limited to:

(a) One (1) Glock 19 pistol (serial # ABVT561);

(b) One (1) Glock 34 pistol (serial # ULH920);

(c) One (1) Glock 23 pistol (serial # UTL390);

(d) One (1) Glock 34 pistol (serial # BBXW 684);

(e) One (l) Glock 1 7 pistol (serial # XZT251);


(9 One (l) Smith & W esson M&P Shield pistol (selial # HPYI 180),.

(g) One (1) Smith & W esson M&P Shield pistol (selial # HNH605l);

(h) One (1) Heckler & Koch VP9 pistol (serial # 224-124703);

(i) One (1) Beretta 9mm pistol (serial # 4097622Z);

(j) One (1) Smith & W esson .380 pistol (serial # KCV3473);

(k) One (1) P-A 15 AR-15 assault rifle lower receiver (serial # AP003301);

(l) One (1) DPMS AR-15 assault rifle lower receiver (selial # FH107050);

(m) One (1) Sig Sauer AR-l 5 assault ritle lower receiver (serial # 53E010600);

(n) One (l) Smith & Wesson MP l 5 AR-I 5 assault rifle lower receiver (serial #5R89475),.

(o) One (1) Ruger A.R-556 assault ritle lower receiver (serial # 850-21853);

(p) 25,272 rounds of ammunition (various calibers);

(q) Five (5) AR-15 assault rifle upper receivers (various manufadurersl',

(r) Other AR- 15 assault rifle accessories, to include handguards, rails, ritle sights,grips, and m agazines;

(s) One (1) Beretta BC2 Grip and Rail System',

(t) Tllree (3) 9mm magazines (various manufacturersl; and

(u) One (1) Smith & W esson .380 magazine.

All pul-suant to Title 18, United States Code, Sections 924(4) and 981(a)(1)(C), Title 22,

United States Code, Section 401, and the procedures set forth in Title 21, United States Code, Sedion


853, al1 of which are made applicable by Title 28, United States Code, Section 2461(c).

A TRUE BILL

W IF DO A. F ER

UN ED STATE ATTORNEY1

ADAM S. FELS

ASSISTANT UN ITED STATES ATTORN EY

F REPERSON


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO.UNITED STATES OF AMERICA

VS.

ENDER ENRIQUE SOTO HERNANDE ZZ

ENDER ALBERTO SOTO HERNANDEZ,LUIS ANTONIO URDANETA POZ

aO

WILMER ONELIS HINESTROZA PEREIR Z.A and

ALCIBIADES DeJESUS PALMAR NARVAEZ,

Defendants./

Court Division: (select one)

X Miami Ke W est-

F,TU wA F-rpI do hereby certify that:

CERTIFICATE OF TRIAL ATTO RNEY

Superseding Case lnformation:

New Defendantts) Yes NoNum ber of New DefendantsTotal num ber of counts

I have carefully considered the allegations of the indictmeqt, the num ber of defendants, the num berof probable witnesses and the Iegal complexities of the Indlctment/lnform ation attached hereto

.

1 am aware that th: information supplied oq this jtqtemeqt will be relied upon by the Judges of thisCourt in setting thelr caljndars and schedullng crlmlnal trlals under the mandate of the Speedy TrialAct, Title 28 U.S.C. Sectlon 3161.

Iqterpreter: (Yes qr No) Yes1-1st Ianguage and/or dlalect panlsh

This case will take 10 days for the parties to try,

2.

Please check appropriate category and type of offense Iisted below:

(Check only one) (Check only one)

0 to 5 days6 to 10 days11 to 20 days21 to 60 days61 days and over

II II I IIVV

6. Has this case been previously filed in this District Court? (Yes or No) NoIf yes:

Judge: Case No.

(Attach copy qf dispositive grdef)Has a complalnt been filed In thls matter? (Yes or No) Nolf yej:Maglstrate Case No.

Related Misc:llaneous numbers:Defendantts) ln federal custody as of -Defendantls) in state custody as ofRule 20 from the

Is this a potential death penalty case? (Yes or No) No

PettyMinorMisdem .Felony X

5.

Dges this case or qi inate from a matter pending in the Northern Region of the U.S. Attorney's OfficeT, 2003? Yes x Noprlor to October 1

Dpes this case originate from a matter pending in the Central Region of the U.S. Attorney's Officeprlor to September 1 , 2007:2 Yes x No

8.

A D A M yS F E LASSISTANT UNITED STATES ATTORNEYCOURT NO. A5501040

'Penalty Sheetts) attached REV 4/8/08


A

UNITED STATES DISTRICT COURT

SOUTH ERN DISTRICT OF FLO RIDA

PENALTY SHEET

Defendant's Name: ENDER ENRIQUE SOTO HERNANDEZ

Case No:

Count #: 1

Conspiracy

Title 18. United States Code, Section 371

*M ax. Penalty: 5 years' imprisonm ent.

Counts #: 2

Encacinc in Business of Dealinc Firearm s W ithout a License

Title 18. United States Code, Sedion 922(aà(1)(A)

* M ax. Penalty'. 5 years' imprisonment.

Count #: 3

Sm uggling Fireanns and Am munition from the United States

Title 18. United States Code, Section 554(a)

*M ax. Penalty: 10 years' imprisonment.

Count #: 4

Arm s Expol't Control Act Violation

Title 22, United States Code, Sections 2778(171(2) and (c1


ScRefers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole term s, or forfeitures that m ay be applicable.


UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLO RIDA

PENALTY SHEET

Count #: 5

Sm uazlinc Firearm s and Am munition from the United States

Title 18. United States Codes Section 5544a)

*M ax. Penalty: 10 years' implisonment.

Counts #: 6


Title 22, United States Code, Sections 2778417142) and (c)


Count #: 7

Attempted Smuc/linu Fireanus and Am munition from the United States

Title 1 8, United States Codes Section 554(a)


Count #: 8

Anus Expol't Control Act Violation

Title 22, United States Code. Sections 2778417442) and (c)


WRefers only to possible term of incarceration, does not include possible fines, restitution,




SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Nam e: ENDER ALBERTO SOTO HERNANDEZ

Count #: 1

Conspiracy

Title 18s United States Code, Section 37 1


Counts #: 2

Enzacinc in Business of Dealing Firearms W ithout a License

Title 18, United States Codes Section 922(a)(1)(A1

* M ax. Penalty'. 5 years' implisonment.

Count #: 7

Attempted Smugglinx Fireanus and Am munition from the United States

Title 18, United States Code, Section j54(a)


Count #: 8

Arms G pol't Control Act Violation

Title 22. United States Code. Sedions 27784171(21 and (c)


Srltefers only to possible term of incarceration, does not include possible fines, restitution,



t

UNITED STATES DISTRICT CO URT

SOUTHERN D ISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Nam e: LUIS ANTO NIO URDANETA POZO

Case No:

Count #: 1

Conspiracy

Title 18, United States Code. Section 371

*M ax. Penalty: 5 years' imprisomnent.

Counts #: 2

Enaavina in Business of Dealin: Firearms W ithout a License

Title l8. United States Codes Section 922(a)(l)(A)

* M ax. Penalty: 5 years ' im prisonment.

Count #: 3

Smugcling Firearm s and Amm unition from the United States

Title l8, United States Code, Section 5544a)


Count #: 4


Title 22, United States Code. Sections 27784171(21 and (c)


SrRefers only to possible term of incarceration, does not include possible fines, restitution,special assessm ents, parole term s, or forfeitures that m ay be applicable.


t



PENALTY SHEET

Count #: 5

Smuairlinc Firearm s and Amm unition from the United States

Title 18, United States Codes Section 5544a1


Counts #: 6


Title 22, United States Code, Sections 2778*1(2) and (c)


Count #: 7

Attempted Smuggling Fireanus and Am munition from the United States

Title 18s United States Code. Section 5544:0


Count #: 8

Title 22, United States Code. Sections 2778417142) and (c)


SrRefers only to possible term of incarceration, does not include possible fines, restitution,





PENALTY SHEET

Defendant's Nam e: W ILM ER ONELIS HINESTROZA PEREIR A

Case No:

Count #: l

Conspiracy

Title l8. United States Code, Section 37 1


Counts #.' 2

Engagin: in Business of Dealing Firearms W ithout a License

Title l 8, United States Code, Section ?72(4)($)(A) - - - - - -

* M ax. Penalty: 5 years' implisonm ent.

Count #: 3

Sm uggling Fireanns and Am munition from the United States

Title 18, United States Code, Section 5544a)

*M ax. Penalty: 10 years' im prisonment.

Count #: 4

Anns Expol't Control A ct Violation

Title 22, United States Code, Sections 27784171(2) and (c)

*M ax. Penalty: 20 years' imprisomnent.

SrRefers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole terms, or forfeitures that may be applicable.


1


SOUTH ERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Nam e: ALCIBIADES DeJESUS PALM AR NA RVAEZ

Count #: l

Conspiracy

Title 18, United States Code, Section 371


Counts #: 2

Engaginx in Business of Dealing Fireanus W ithout a License

Title 1 8- United States Code. Section 922(a)(1)(A)


Count #: 3

Smuggling Firearms and Ammunition from the United States

Title 18, United States Code. Section 554(a)


Count #.. 4

Arm s Exnort Control Act Violation

Title 22, United States Code, Sections 27784b)42) and (c)


*Refers only to possible term of incarceration, does not include possible fines, restitution,

special assessm ents, parole terms, or forfeitures that m ay be applicable.




PENALTY SHEET

Count #: 5

Smujm ling Firearm s and Amm unition from the United States

Title 18, United States Code, Section 5544a)


Counts #: 6


Title 22. United States Code, Sections 2778417)42) and (c)

* M ax. Penalty: 20 years' imprisonment.

Count #: 7

Aftempa d Sm-ugxlinxFiream s anltAmmunition from the United States

Title l 8, United States Code, Section 554(a)


Count #: 8

Arms Export Control Ad Violation

Title 22, United States Code, Sections 2778417442) and (c)


WRefers only to possible term of incarceration, does not include possible fines, restitution,



17-20126-cr-moore/mcaliley - insight crime · 16-02-2017 · wilmer onelis hinestroza pereira and...

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