UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
(Ft. Lauderdale Division)
CASE NUMBER: 23-CR-60032-SMITH
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAZMIN VERONICA CARMONA,
Defendant.
/
DEFENDANT’S SENTENCING MEMORANDUM
JAZMIN VERONICA CARMONA submits the following memorandum to aid the Court
in sentencing. Ms. Carmona asks this Court to consider the various 18 U.S.C. § 3553(a) factors
and to fashion “a sentence sufficient, but not greater than necessary” to meet Congressional
sentencing objectives.
According to the Presentence Investigation Report, [DE No. 29 and hereinafter referred
to as the “PSR”], Ms. Carmona’s total offense level is 24 and she has a criminal history category
of I. Her guideline imprisonment range is 51 to 63 months. Ms. Carmona maintains that the
imposition of a guideline sentence in this case results in a sentence “greater than necessary” and
exceeds legislative sentencing goals.
Instead, Ms. Carmona requests that this Court weigh § 3553(a) sentencing factors,
specifically, the nature and circumstances of the offense, as well as her personal history and
characteristics, and consider the imposition of a (brief) term of incarceration, followed by an
extended term of home detention as a condition of supervised release as per USSG § 5F1.2 —
that is, a sentence incorporating a term of prison, home confinement and supervised release.1
1
Even though most offenders who receive alternatives sentences are in Zones A and B, nothing prohibits
a court from imposing an alternative sentence for a defendant in Zone C or D. The sentencing court can
2
Ms. Carmona believes that such a sentence will (still) satisfy “the underlying goals of the
[sentencing] statute … [that is] ‘retribution, general deterrence, incapacitation, and
rehabilitation.’” United States v. Mogel, 956 F.2d 1555, 1558 n. 2 (11th Cir. 1992).
In January of 2023, law enforcement personnel conducted a “buy-bust” operation and
negotiated the purchase of five (5) kilograms of fentanyl from “a Mexican source of supply” for
$30,000.00 per kilogram. Subsequently, the Mexican drug trafficking organization (hereinafter
the DTO) recruited Ms. Carmona as a courier. Ms. Carmona, a United States citizen, had lived
in the border town of El Paso, Texas, all her life. Taking advantage of her status as a U.S. citizen
and her ability to freely cross the border between El Paso, Texas and Ciudad Juarez, Mexico, the
DTO provided Ms. Carmona with a modified Kia Soul that featured “traps” (or hiding places)
under the driver and passenger seats.
On January 25, 2023, Ms. Carmona was arrested by Task Force officers after giving law
enforcement conflicting statements as to why she was in South Florida.
On June 7, 2023, subsequent to a written plea agreement [DE No. 27] and factual proffer
[DE No. 26], Ms. Carmona pled guilty to a one-count Indictment which charged her with
possession with intent to distribute 400 grams or more of fentanyl, as proscribed by 21 U.S.C. §
841(a)(1).
Ms. Carmona is scheduled to be sentenced on Tuesday, August 22, 2023. Prior to the
instant offense, Ms. Carmona had no prior contact with the criminal justice system.
Ms. Carmona asks this Court to take her attempts at cooperation into account as a §
3553(a) mitigating factor. See United States v. Massey, 663 F.3rd 852 (6th Cir. 2011). Indeed,
“after Booker and Rita v. United States, 551 U.S. 338 (2007), it can be argued that a defendant’s
cooperation with the Government is a beneficial part of his or her history and character
supporting a non-guideline sentence under § 3553(a).” Departures and Variances, Hemingway,
downward depart or vary downward and impose home confinement as a condition of supervised release.
3
David and Hinton, Janet. Federal Defender Office, Boston, Massachusetts (2009). “Because a
sentencing court must consider ‘the history and characteristics of the defendant, the court should
consider efforts to cooperate, even if those efforts did not as yet yield a government motion for
departure pursuant to § 5K1.1.” United States v. Fernandez, 443 F.3rd 19 (2nd Cir. 2006) and
United States v. Gapinsky, 561 F.3rd 467, 477 (6th Cir. 2009) (where the Circuit Court vacated
defendant Gapinsky’s sentence because the district court failed to fully consider his request for a
variance based upon substantial assistance). See also, United States v. Pitter, 555 Fed. Appx.
910 (11th Cir. 2014) (in Pitter, the district court considered Pitter’s cooperation with the
authorities as a § 3553 mitigating factor and acknowledged ― but ultimately denied ― his
request for a downward variance for other reasons) and, finally, United States v. Valdes
Gonzalez, et al., 554 Fed. Appx. 862 (11th Cir. 2014) (where the district court again considered
and denied a substantial assistance-based downward variance as a § 3553 mitigating factor).
Factors, such as family circumstances, which had been traditionally disfavored by the
Sentencing Commission within the advisory guidelines’ framework (see USSG § 5H1.6), may
now be considered by a district court in fashioning an appropriate variant sentence. United
States v. Muñoz-Nava, 524 F.3d 1137, 1148 (10th Cir. 2008). As noted in the Presentence
Investigation Report, page 10, ¶ 43, Ms. Carmona has two young children, Jayden Vitales (age 7)
and Mateo Vitales (age 6), who have been diagnosed with developmental disabilities. While Ms.
Carmona is not, strictly speaking, an “irreplaceable caregiver,” suffice it to say that her sons
would benefit greatly from their mother’s continued presence. Moreover, the mere existence of
alternative childcare assistance, in and of itself, is not enough to undermine a claim of
“irreplaceability,” as the alternate care giver must be reasonably available, feasible and
comparable to the defendant. See, for example, United States v. Hussein, 478 F.3rd 318, 327
(6th Cir. 2007) (upholding a downward departure from offense level 21 to a noncustodial
See United States v. Kravchuck, 335 F.3rd 1147 (10th Cir. 2003).
4
sentence of 3 years of supervised release with 270 days of home confinement). Ms. Carmona’s
father, Francisco Carmon, suffers from high cholesterol, high blood pressure, lung failure and
has an inflamed thyroid gland. Francisco is disabled and suffers from a back injury. Ms.
Carmona provides medical care for her father. She also provides assistance in the home and
cooks his meals.
Finally, Ms. Carmona re-states the argument she raised in her objection to the
presentence investigation report, that she should benefit from a USSG § 4C.1 adjustment which
provides a 2-level reduction for certain zero-point offenders. Ms. Carmona meets the § 4C.1
criteria and is a true, first-time offender.
Ms. Carmona asks this Court for a variant sentence which incorporates prison, home
detention (as a condition of supervised release) and supervised release. She believes such a
sentence to be a reasonable sentence dictated by the facts of this case and a sentence “sufficient,
but not greater than necessary” to comply with § 3553(a) sentencing objectives.2
CERTIFICATE OF SERVICE
I hereby certify that the foregoing pleading was electronically filed this <<>> day of
August 2023, with the Clerk of Court using the CM/ECF system.
Respectfully submitted,
/s/ Rick Hermida
RICK HERMIDA
Counsel for Ms. Carmona
55 Merrick Way ● Suite 212
Coral Gables, FL 33134
P. 305/461/1116
F. 305/461/6446
rick@rphermida.com
2
See United States v. Irey, 612 F.3rd 1160, 1191 (11th Cir. 2010)(en banc), United States v. Pugh, 515
F.3rd 1179, 1191 (11th Cir. 2008).