USA v. Yearby

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 1:25-cr-20509-PCH
UNITED STATES OF AMERICA,
Plaintiff,
v.
NATHALIE BETANCES,
Defendant.
___________________________________ /
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE is before the Court following an Order of Reference to conduct a
proceeding for acceptance of a guilty plea by Defendant Nathalie Betances. Based upon the change
of plea hearing conducted on January 26, 2026, this Court makes the following findings, and
recommends that the guilty plea be accepted.
1. 	The undersigned advised Defendant of her right to have these proceedings conducted by
the District Judge assigned to the case, and that this Court was conducting the change of plea
hearing pursuant to an Order of Reference from the District Court. (ECF No. 21). I further advised
Defendant that the District Judge assigned to this case would be the sentencing judge and would
make all findings and rulings concerning Defendant’s sentence. I advised Defendant that she did
not have to permit the undersigned United States Magistrate Judge to conduct this hearing and
could request that the change of plea hearing be conducted by the District Judge assigned to the
case. Defendant, Defendant’s attorney and the Assistant United States Attorney all consented on
the record to the undersigned conducting the change of plea hearing.
Case 1:25-cr-20509-PCH Document 29 Entered on FLSD Docket 01/27/2026 Page 1 of 4

2. 	The plea colloquy was conducted in accordance with the outline set forth in the Bench
Book for District Judges, and in accordance with Fed. R. Crim. P. 11.
3. 	Defendant pled guilty to Count One of the Indictment, which charges her with conspiracy
to distribute a controlled substance, in violation of 21 U.S. section 846, and Counts Two through
Six of the Indictment, which charge her with distribution of a controlled substance, in violation of
21 U.S.C. section 841(a)(1). I advised Defendant that the maximum penalty the Court could
impose as to Count One is a term of up to forty years imprisonment, with a minimum term of five
(5) years imprisonment, followed by a supervised release of at least four years and up to life; and,
as to each of Counts Two through Six, a term of imprisonment of up to twenty years, followed by
a term of supervised release of at least three years and up to life. In addition to any term of
imprisonment, the Court may impose a fine of up to $5,000,000.00 as to Count 1, and up to
$1,000,000.00 as to Counts Two through Six, and the Court will assess a mandatory special
assessment of $100.00, which Defendant has agreed is due to be paid at the time of sentencing.
Defendant was also advised of the possibility of restitution and forfeiture, and the potential for
immigration consequences including deportation. Defendant acknowledged that she understood
the possible maximum penalties that could be imposed in the case.
4. 	To set forth the factual basis for the entry of the plea, the Government proffered the facts
it would have established at trial. The Government established all the essential elements of the
crime to which Defendant is pleading guilty. Defendant acknowledged that the facts proffered by
the Government were accurate, and defense counsel agreed that the proffer satisfied all elements
of the crime charged.
Case 1:25-cr-20509-PCH Document 29 Entered on FLSD Docket 01/27/2026 Page 2 of 4

5. 	Defendant acknowledged that she is satisfied with her attorney and that she has had a full
opportunity to discuss all facets of her case with her attorney. Defendant indicated that she has
reviewed discovery with counsel.
6. 	Based upon all of the foregoing and the plea colloquy conducted by this Court, the
undersigned finds that Defendant is fully competent and capable of entering an informed plea, 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.
7. 	Therefore, the undersigned RECOMMENDS that Defendant be found to have freely and
voluntarily entered her guilty plea to Counts One through Six of the Indictment filed in this case,
as more particularly described herein, and that Defendant be adjudicated guilty of the offense as
charged.
8. 	A pre-sentence investigation report is being prepared for the District Court by the United
States Probation Office.
The parties will have THREE (3) CALENDAR DAYS1 within which to file written
objections, if any, for consideration by the United States District Judge. Pursuant to Fed. R. Crim.
P. 59(b), Eleventh Circuit Rule 3-1, and accompanying Internal Operating Procedure 3, the parties
are hereby notified that failure to object in accordance with 28 U.S.C. § 636(b)(1) waives the right
to challenge on appeal the District Court’s order based on unobjected-to factual and legal
conclusions. See Thomas v. Arn, 474 U.S. 140 (1985).
RESPECTFULLY SUBMITTED in chambers at Miami, Florida, this 26th day of
January, 2026.
1 The parties consented to this abbreviated term for objections.
Case 1:25-cr-20509-PCH Document 29 Entered on FLSD Docket 01/27/2026 Page 3 of 4

________________________________
LAUREN F. LOUIS
UNITED STATES MAGISTRATE JUDGE
cc: 	The Honorable Paul C. Huck
Counsel of record
Case 1:25-cr-20509-PCH Document 29 Entered on FLSD Docket 01/27/2026 Page 4 of 4