USA v. EDGAR GARCIA-VELASQUEZ ET AL

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-60174-CR-DAMIAN/D’ANGELO
UNITED STATES OF AMERICA,
vs.
EDGAR GARCIA VELASQUEZ,
Defendant.
______________________________/
REPORT AND RECOMMENDATION ON CHANGE OF PLEA
THIS CAUSE is before the Court following the referral of this action to the undersigned
Magistrate Judge to conduct a proceeding for acceptance of a guilty plea by Edgar Garcia
Velazquez (“Defendant”) (DE 519). Based upon the change of plea hearing conducted on June 3,
2026, the Court makes the following findings and recommends that the guilty plea be accepted.
1. 	The Court advised Defendant of the right to have these proceedings conducted by
the District Judge assigned to the case and that the Court was conducting the change of plea hearing
pursuant to an Order of Referral from the District Judge. 	The Court further advised Defendant
that the District Judge would be the sentencing judge and would make all findings and rulings
concerning Defendant’s sentence. The Court advised Defendant that he did not have to permit the
undersigned Magistrate Judge to conduct this hearing and could request that the change of plea
hearing be conducted by the District Judge. Defendant, who stated that he had discussed the right
to have the hearing conducted by the District Judge with his counsel, and the Assistant United
States Attorney consented on the record to the Court conducting the change of plea hearing.
Case 0:24-cr-60174-MD Document 550 Entered on FLSD Docket 06/04/2026 Page 1 of 5

2
2. 	Defendant was placed under oath and appeared in-person before the Court. 	The
plea colloquy was conducted in accordance with the outline set forth in the Bench Book for District
Judges and in accordance with Federal Rule of Criminal Procedure 11.
3. 	Defendant was advised of his rights as set forth in Federal Rule of Criminal
Procedure 11(b)(1)(B)–(E), and he acknowledged that he understood those rights, discussed them
with his counsel, and is knowingly and voluntarily waiving them.
4. 	Defendant indicated he is knowingly and voluntarily pleading guilty to Count One
of the Indictment filed in this case, which charges Conspiracy to Possess with Intent to Distribute
a Controlled Substance, in violation of Title 21, United States Code, Section 846 (DE 3). 	The
Court advised Defendant that the maximum penalty the Court may impose for Count One is a term
of life imprisonment, a term of five (5) years up to life of supervised release, and a fine of
$10,000,000.00. The Court also advised Defendant that the mandatory minimum penalty the Court
must impose is a term of ten (10) years’ imprisonment. The Court further advised Defendant that,
in addition to any term of imprisonment and supervised release, the Court may order forfeiture and
will assess a mandatory special assessment of $100.00. 	Defendant acknowledged that he
understood the possible maximum and mandatory minimum penalties that could be imposed. The
Government agrees to dismiss the remaining counts against Defendant at sentencing.
5. 	Defendant also acknowledged that he understands the Sentencing Guidelines and
that he has discussed with his counsel the calculation of the applicable Sentencing Guidelines
range, as well as other sentencing factors under Title 18, United States Code, Section 3553(a).
6. 	The Government and Defendant entered into a written plea agreement that was
thereafter filed with the Court (DE 547). 	The Court reviewed the terms of the written plea
agreement on the record. Defendant agreed that he had reviewed the entire agreement with counsel
Case 0:24-cr-60174-MD Document 550 Entered on FLSD Docket 06/04/2026 Page 2 of 5

3
before she signed it. 	Defendant also agreed that there were no other agreements or promises
beyond what is contained in the written plea agreement.
7. 	Defendant acknowledged that he agreed to the forfeiture of any property used or
intended to be used in the charged offenses and any property derived from such violations.
Defendant acknowledged that he will cooperate with the Government for the forfeiture and
recovery of all assets identified by the Government as subject to forfeiture. 	Defendant also
acknowledged that he understood that he is waiving all Constitutional, legal, and equitable
defenses to the forfeiture, including excessive fines under the Eighth Amendment to the United
States Constitution, and that he is waiving any applicable time limits for forfeiture proceedings as
well as the right to appeal the forfeiture. The Court finds that Defendant knowingly and voluntarily
waived his rights under the Eighth Amendment, and the Court further finds that Defendant
knowingly and voluntarily acknowledged the waiver of his right to appeal the forfeiture.
8. 	To set forth the factual basis for the entry of the plea, the Government proffered the
facts it would have established at trial (DE 548). 	The Government established all the essential
elements of the crime to which Defendant is pleading guilty. Defendant and his counsel agreed
that the facts proffered by the Government were accurate and satisfied all elements of Count One,
as charged in the Indictment.
9. 	Defendant acknowledged that he is satisfied with his counsel and that he has had a
full opportunity to discuss all facets of the case and all provisions of the plea agreement with his
counsel.
10. 	Defendant further acknowledged that he understands that in the event the District
Judge does not accept the recommendations in the plea agreement or sentences him to a term that
is greater than he anticipated, that will not be grounds for withdrawal of the guilty plea.
Case 0:24-cr-60174-MD Document 550 Entered on FLSD Docket 06/04/2026 Page 3 of 5

4
11. 	Defendant acknowledged that if he is convicted and is not a United States citizen,
he may be removed from the United States, denied citizenship, and denied admission to the United
States in the future.
12. 	Defendant stated that the decision to plead guilty is voluntary and not the result of
any force, any threats, or any promises outside of those set forth in the plea agreement.
13. 	Based upon all of the foregoing and the plea colloquy conducted by the Court, the
Court 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.
14. 	Therefore, the undersigned recommends that Defendant be found to have freely and
voluntarily entered a guilty plea to Count One of the Indictment filed in this case, as more
particularly described herein, and that Defendant be adjudicated guilty of that offense as charged.
15. 	A pre-sentence investigation report will be prepared for the District Court by the
United States Probation Office. The sentencing date will be set by separate order.
16. 	The Court announced the Recommendation herein on the record at the change of
plea hearing on June 3, 2026, and, therefore, this Recommendation is effective as of that date.
As agreed to by the Government and Defendant at the change of plea hearing, the Parties
will have three (3) business days from the date of the change of plea hearing (up to June 8, 2026)
within which to file written objections, if any, for consideration by the United States District Judge.
Pursuant 	to 	Federal 	Rule 	of 	Criminal 	Procedure 	59(b), 	Eleventh Circuit 	Rule 	3-1, 	and
accompanying Internal Operating Procedure 3, the Government and Defendant are hereby notified
that failure to object in accordance with Title 28, United States Code, Section 636(b)(1) waives
Case 0:24-cr-60174-MD Document 550 Entered on FLSD Docket 06/04/2026 Page 4 of 5

5
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, 155 (1985).
RESPECTFULLY SUBMITTED in Chambers in Miami, Florida on this 3rd day of June,
2026.
___________________________________
ELLEN F. D’ANGELO
UNITED STATES MAGISTRATE JUDGE
cc: 	All Counsel of Record
Case 0:24-cr-60174-MD Document 550 Entered on FLSD Docket 06/04/2026 Page 5 of 5