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2016 WL 1381328 (M.D.Fla.) (Verdict, Agreement and Settlement)
United States District Court, M.D. Florida.
Orlando Division
UNITED STATES OF AMERICA,
v.
Jose Manuel Hurtado DELGADO.
No. 6:14-cr-50-Orl-40TBS.
January 6, 2016.
Plea Agreement
A. Lee Bentley, III, United States Attorney.
Bruce S. Ambrose, Assistant United States Attorney.
Mark A. Reyes, Esquire, for defendant.
Katherine M. Ho, Assistant United States Attorney, Chief, Orlando Division.
Pursuant to Fed. R. Crim. P. 11(c), the United States of America, by A. Lee Bentley, III, United States Attorney for
the Middle District of Florida, and the defendant, JOSE MANUEL HURTADO DELGADO, and the attorney for the
defendant, Mark A. Reyes, Esquire, mutually agree as follows:

A. Particularized Terms
1. Count Pleading To
The defendant shall enter a plea of guilty to Count One of the Indictment. Count One charges the named defendants
with conspiracy to import heroin and cocaine into the United States, in violation of 21 U.S.C. §§ 963, 952(a), and 960(b).

2. Minimum and Maximum Penalties
Count One is punishable by a mandatory minimum term of imprisonment of 10 years up to life, a fine of not more than
$10,000,000, a term of supervised release of at least 5 years up to life, and a special assessment of $100.

3. Apprendi v. New Jersey
Under Apprendi v. New Jersey, 530 U.S. 466 (2000), a maximum sentence of life and, under Alleyne v. United States,
133 S. Ct. 2151 (2013), a mandatory minimum term often years' imprisonment, may be imposed because the following
fact has been admitted by the defendant and is established by this plea of guilty: the amount of heroin involved in the
offense is one kilogram or more.

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4. Elements of the Offense
The defendant acknowledges understanding the nature and elements of the offense with which defendant has been
charged and to which defendant is pleading guilty. The elements of Count One are:
First: Two or more people in some way agreed to try to accomplish a shared and unlawful plan to import heroin;
Second: the defendant knew the unlawful purpose of the plan and willfully joined in it; and
Third: the object of the unlawful plan was to import more than one kilogram of heroin.

5. Counts Dismissed
At the time of sentencing, the remaining counts against the defendant, Counts Two, Five, Six, Seven, and Eight, will be
dismissed pursuant to Fed. R. Crim. P. 11(c)(1)(A).

6. No Further Charges
If the Court accepts this plea agreement, the United States Attorney's Office for the Middle District of Florida agrees not
to charge defendant with committing any other federal criminal offenses known to the United States Attorney's Office
at the time of the execution of this agreement, related to the conduct giving rise to this plea agreement.

7. Guidelines Sentence
Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United States will recommend to the Court that the defendant be sentenced
within the defendant's applicable guidelines range as determined by the Court pursuant to the United States Sentencing
Guidelines, as adjusted by any departure the United States has agreed to recommend in this plea agreement. The parties
understand that such a recommendation is not binding on the Court and that, if it is not accepted by this Court, neither
the United States nor the defendant will be allowed to withdraw from the plea agreement, and the defendant will not
be allowed to withdraw from the plea of guilty.

8. Acceptance of Responsibility - Three Levels
At the time of sentencing, and in the event that no adverse information is received suggesting such a recommendation
to be unwarranted, the United States will recommend to the Court that the defendant receive a two-level downward
adjustment for acceptance of responsibility, pursuant to USSG § 3E1.1 (a). The defendant understands that this
recommendation or request is not binding on the Court, and if not accepted by the Court, the defendant will not be
allowed to withdraw from the plea.
Further, at the time of sentencing, if the defendant's offense level prior to operation of subsection (a) is level 16 or
greater, and if the defendant complies with the provisions of USSG § 3E1.1 (b) and all terms of this Plea Agreement,
including but not limited to, the timely submission of the financial affidavit referenced in Paragraph B.5., the United
States agrees to file a motion pursuant to USSG § 3E1.1 (b) for a downward adjustment of one additional level. The
defendant understands that the determination as to whether the defendant has qualified for a downward adjustment

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of a third level for acceptance of responsibility rests solely with the United States Attorney for the Middle District of
Florida, and the defendant agrees that the defendant cannot and will not challenge that determination, whether by
appeal, collateral attack, or otherwise.

9. Safety Valve Provision
The United States will not oppose the defendant's request to the Court that it impose a sentence in accordance with the
applicable guidelines without regard to any statutory minimum sentence, pursuant to USSG § 5C1.2, if the Court finds
that the defendant meets the criteria set forth in 18 U.S.C. § 3553(f). The defendant understands that this recommendation
or request is not binding on the Court, and if not accepted by the Court, the defendant will not be allowed to withdraw
from the plea.

10. Cooperation - Substantial Assistance to be Considered
Defendant agrees to cooperate fully with the United States in the investigation and prosecution of other persons, and
to testify, subject to a prosecution for perjury or making a false statement, fully and truthfully before any federal court
proceeding or federal grand jury in connection with the charges in this case and other matters, such cooperation to further
include a full and complete disclosure of all relevant information, including production of any and all books, papers,
documents, and other objects in defendant's possession or control, and to be reasonably available for interviews which the
United States may require. If the cooperation is completed prior to sentencing, the government agrees to consider whether
such cooperation qualifies as “substantial assistance” in accordance with the policy of the United States Attorney for the
Middle District of Florida, warranting the filing of a motion at the time of sentencing recommending (1) a downward
departure from the applicable guideline range pursuant to USSG § 5K1.1, or (2) the imposition of a sentence below a
statutory minimum, if any, pursuant to 18 U.S.C. § 3553(e), or (3) both. If the cooperation is completed subsequent
to sentencing, the government agrees to consider whether such cooperation qualifies as “substantial assistance” in
accordance with the policy of the United States Attorney for the Middle District of Florida, warranting the filing of a
motion for a reduction of sentence within one year of the imposition of sentence pursuant to Fed. R. Crim. P. 35(b).
In any case, the defendant understands that the determination as to whether “substantial assistance” has been provided
or what type of motion related thereto will be filed, if any, rests solely with the United States Attorney for the Middle
District of Florida, and the defendant agrees that defendant cannot and will not challenge that determination, whether
by appeal, collateral attack, or otherwise.

11. Use of Information - Section 1B1.8
Pursuant to USSG § 1B1.8(a), the United States agrees that no self-incriminating information which the defendant may
provide during the course of defendant's cooperation and pursuant to this agreement shall be used in determining the
applicable sentencing guideline range, subject to the restrictions and limitations set forth in USSG § 1B1.8(b).

12. Cooperation - Responsibilities of Parties
a. The government will make known to the Court and other relevant authorities the nature and extent of defendant's
cooperation and any other mitigating circumstances indicative of the defendant's rehabilitative intent by assuming the
fundamental civic duty of reporting crime. However, the defendant understands that the government can make no
representation that the Court will impose a lesser sentence solely on account of, or in consideration of, such cooperation.

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b. It is understood that should the defendant knowingly provide incomplete or untruthful testimony, statements, or
information pursuant to this agreement, or should the defendant falsely implicate or incriminate any person, or should
the defendant fail to voluntarily and unreservedly disclose and provide full, complete, truthful, and honest knowledge,
information, and cooperation regarding any of the matters noted herein, the following conditions shall apply:
(1) The defendant may be prosecuted for any perjury or false declarations, if any, committed while testifying pursuant
to this agreement, or for obstruction of justice.
(2) The United States may prosecute the defendant for the charges which are to be dismissed pursuant to this agreement,
if any, and may either seek reinstatement of or refile such charges and prosecute the defendant thereon in the event such
charges have been dismissed pursuant to this agreement. With regard to such charges, if any, which have been dismissed,
the defendant, being fully aware of the nature of all such charges now pending in the instant case, and being further
aware of defendant's rights, as to all felony charges pending in such cases (those offenses punishable by imprisonment for
a term of over one year), to not be held to answer to said felony charges unless on a presentment or indictment of a grand
jury, and further being aware that all such felony charges in the instant case have heretofore properly been returned by
the indictment of a grand jury, does hereby agree to reinstatement of such charges by recision of any order dismissing
them or, alternatively, does hereby waive, in open court, prosecution by indictment and consents that the United States
may proceed by information instead of by indictment with regard to any felony charges which may be dismissed in the
instant case, pursuant to this plea agreement, and the defendant further agrees to waive the statute of limitations and
any speedy trial claims on such charges.
(3) The United States may prosecute the defendant for any offenses set forth herein, if any, the prosecution of which
in accordance with this agreement, the United States agrees to forego, and the defendant agrees to waive the statute of
limitations and any speedy trial claims as to any such offenses.
(4) The government may use against the defendant the defendant's own admissions and statements and the information
and books, papers, documents, and objects that the defendant has furnished in the course of the defendant's cooperation
with the government.
(5) The defendant will not be permitted to withdraw the guilty pleas to those counts to which defendant hereby agrees
to plead in the instant case but, in that event, defendant will be entitled to the sentencing limitations, if any, set forth in
this plea agreement, with regard to those counts to which the defendant has pled; or in the alternative, at the option of
the United States, the United States may move the Court to declare this entire plea agreement null and void.

13. Forfeiture of Assets
The defendant agrees to forfeit to the United States immediately and voluntarily any and all assets and property, or
portions thereof, subject to forfeiture, pursuant to 21 U.S.C. §§ 853 and 970 , whether in the possession or control of the
United States, the defendant or defendant's nominees.
The defendant agrees and consents to the forfeiture of these assets pursuant to any federal criminal, civil judicial or
administrative forfeiture action. The defendant also hereby agrees to waive all constitutional, statutory and procedural
challenges in any manner (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out
in accordance with this Plea Agreement on any grounds, including that the forfeiture described herein constitutes an
excessive fine, was not properly noticed in the charging instrument, addressed by the Court at the time of the guilty plea,
announced at sentencing, or incorporated into the judgment.

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The defendant admits and agrees that the conduct described in the Factual Basis below provides a sufficient factual and
statutory basis for the forfeiture of the property sought by the government. Pursuant to the provisions of Rule 32.2(b)
(1)(A), the United States and the defendant request that promptly after accepting this Plea Agreement, the Court make
a determination that the government has established the requisite nexus between the property subject to forfeiture and
the offense to which defendant is pleading guilty and enter a preliminary order of forfeiture. Pursuant to Rule 32.2(b)
(4), the defendant agrees that the preliminary order of forfeiture will satisfy the notice requirement and will be final as
to the defendant at the time it is entered. In the event the forfeiture is omitted from the judgment, the defendant agrees
that the forfeiture order may be incorporated into the written judgment at any time pursuant to Rule 36.
The defendant agrees to take all steps necessary to identify and locate all property subject to forfeiture and to transfer
custody of such property to the United States before the defendant's sentencing. The defendant agrees to be interviewed
by the government, prior to and after sentencing, regarding such assets and their connection to criminal conduct. The
defendant further agrees to be polygraphed on the issue of assets, if it is deemed necessary by the United States. The
defendant agrees that Federal Rule of Criminal Procedure 11 and USSG § 1B1.8 will not protect from forfeiture assets
disclosed by the defendant as part of his cooperation.
The defendant agrees to take all steps necessary to assist the government in obtaining clear title to the forfeitable assets
before the defendant's sentencing. In addition to providing full and complete information about forfeitable assets, these
steps include, but are not limited to, the surrender of title, the signing of a consent decree of forfeiture, and signing of
any other documents necessary to effectuate such transfers.
The defendant agrees that the United States is not limited to forfeiture of the property specifically identified for forfeiture
in this Plea Agreement. If the United States determines that property of the defendant identified for forfeiture cannot
be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been
placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with
other property which cannot be divided without difficulty; then the United States shall, at its option, be entitled to
forfeiture of any other property (substitute assets) of the defendant up to the value of any property described above. The
Court shall retain jurisdiction to settle any disputes arising from application of this clause. The defendant agrees that
forfeiture of substitute assets as authorized herein shall not be deemed an alteration of the defendant's sentence.
Forfeiture of the defendant's assets shall not be treated as satisfaction of any fine, restitution, cost of imprisonment, or
any other penalty the Court may impose upon the defendant in addition to forfeiture.
The defendant agrees that, in the event the Court determines that the defendant has breached this section of the Plea
Agreement, the defendant may be found ineligible for a reduction in the Guidelines calculation for acceptance of
responsibility and substantial assistance, and may be eligible for an obstruction of justice enhancement.

14. Removal - Consent and Cooperation
The defendant agrees and consents to removal from the United States following completion of the defendant's sentence
and agrees to waive the defendant's rights to any and all forms of relief from removal or exclusion. The defendant further
agrees to abandon any pending applications for relief from removal or exclusion, and to cooperate with the Department
of Homeland Security during removal proceedings.

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B. Standard Terms and Conditions
1. Restitution, Special Assessment and Fine
The defendant understands and agrees that the Court, in addition to or in lieu of any other penalty, shall order the
defendant to make restitution to any victim of the offense, pursuant to 18 U.S.C. § 3663A, for all offenses described in 18
U.S.C. § 3663A(c)(1); and the Court may order the defendant to make restitution to any victim of the offense, pursuant to
18 U.S.C. § 3663, including restitution as to all counts charged, whether or not the defendant enters a plea of guilty to such
counts, and whether or not such counts are dismissed pursuant to this agreement. The defendant further understands
that compliance with any restitution payment plan imposed by the Court in no way precludes the United States from
simultaneously pursuing other statutory remedies for collecting restitution (18 U.S.C. § 3003(b)(2)), including, but not
limited to, garnishment and execution, pursuant to the Mandatory Victims Restitution Act, in order to ensure that the
defendant's restitution obligation is satisfied. On each count to which a plea of guilty is entered, the Court shall impose a
special assessment pursuant to 18 U.S.C. § 3013. The special assessment is due on the date of sentencing. The defendant
understands that this agreement imposes no limitation as to fine.

2. Supervised Release
The defendant understands that the offense to which the defendant is pleading provides for imposition of a term of
supervised release upon release from imprisonment, and that, if the defendant should violate the conditions of release,
the defendant would be subject to a further term of imprisonment.
3. Immigration Consequences of Pleading Guilty
The defendant has been advised and understands that, upon conviction, a defendant who is not a United States citizen
may be removed from the United States, denied citizenship, and denied admission to the United States in the future.

4. Sentencing Information
The United States reserves its right and obligation to report to the Court and the United States Probation Office
all information concerning the background, character, and conduct of the defendant, to provide relevant factual
information, including the totality of the defendant's criminal activities, if any, not limited to the count to which
defendant pleads, to respond to comments made by the defendant or defendant's counsel, and to correct any
misstatements or inaccuracies. The United States further reserves its right to make any recommendations it deems
appropriate regarding the disposition of this case, subject to any limitations set forth herein, if any.

5. Financial Disclosures
Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P. 32(d)(2)(A)(ii), the defendant agrees to complete and submit to
the United States Attorney's Office within 30 days of execution of this agreement an affidavit reflecting the defendant's
financial condition. The defendant promises that his financial statement and disclosures will be complete, accurate and
truthful and will include all assets in which he has any interest or over which the defendant exercises control, directly
or indirectly, including those held by a spouse, dependent, nominee or other third party. The defendant further agrees
to execute any documents requested by the United States needed to obtain from any third parties any records of assets
owned by the defendant, directly or through a nominee, and, by the execution of this Plea Agreement, consents to the

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release of the defendant's tax returns for the previous five years. The defendant similarly agrees and authorizes the United
States Attorney's Office to provide to, and obtain from, the United States Probation Office, the financial affidavit, any
of the defendant's federal, state, and local tax returns, bank records and any other financial information concerning
the defendant, for the purpose of making any recommendations to the Court and for collecting any assessments, fines,
restitution, or forfeiture ordered by the Court. The defendant expressly authorizes the United States Attorney's Office
to obtain current credit reports in order to evaluate the defendant's ability to satisfy any financial obligation imposed
by the Court.

6. Sentencing Recommendations
It is understood by the parties that the Court is neither a party to nor bound by this agreement. The Court may accept or
reject the agreement, or defer a decision until it has had an opportunity to consider the presentence report prepared by the
United States Probation Office. The defendant understands and acknowledges that, although the parties are permitted
to make recommendations and present arguments to the Court, the sentence will be determined solely by the Court,
with the assistance of the United States Probation Office. Defendant further understands and acknowledges that any
discussions between defendant or defendant's attorney and the attorney or other agents for the government regarding any
recommendations by the government are not binding on the Court and that, should any recommendations be rejected,
defendant will not be permitted to withdraw defendant's plea pursuant to this plea agreement. The government expressly
reserves the right to support and defend any decision that the Court may make with regard to the defendant's sentence,
whether or not such decision is consistent with the government's recommendations contained herein.

7. Defendant's Waiver of Right to Appeal the Sentence
The defendant agrees that this Court has jurisdiction and authority to impose any sentence up to the statutory maximum
and expressly waives the right to appeal defendant's sentence on any ground, including the ground that the Court erred in
determining the applicable guidelines range pursuant to the United States Sentencing Guidelines, except (a) the ground
that the sentence exceeds the defendant's applicable guidelines range as determined by the Court pursuant to the United
States Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory maximum penalty; or (c) the ground
that the sentence violates the Eighth Amendment to the Constitution; provided, however, that if the government exercises
its right to appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the defendant is released from his
waiver and may appeal the sentence as authorized by 18 U.S.C. § 3742(a).

8. Middle District of Florida Agreement
It is further understood that this agreement is limited to the Office of the United States Attorney for the Middle District
of Florida and cannot bind other federal, state, or local prosecuting authorities, although this office will bring defendant's
cooperation, if any, to the attention of other prosecuting officers or others, if requested.

9. Filing of Agreement
This agreement shall be presented to the Court, in open court or in camera, in whole or in part, upon a showing of good
cause, and filed in this cause, at the time of defendant's entry of a plea of guilty pursuant hereto.

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10. Voluntariness
The defendant acknowledges that defendant is entering into this agreement and is pleading guilty freely and voluntarily
without reliance upon any discussions between the attorney for the government and the defendant and defendant's
attorney and without promise of benefit of any kind (other than the concessions contained herein), and without threats,
force, intimidation, or coercion of any kind. The defendant further acknowledges defendant's understanding of the nature
of the offense or offenses to which defendant is pleading guilty and the elements thereof, including the penalties provided
by law, and defendant's complete satisfaction with the representation and advice received from defendant's undersigned
counsel (if any). The defendant also understands that defendant has the right to plead not guilty or to persist in that plea
if it has already been made, and that defendant has the right to be tried by a jury with the assistance of counsel, the right
to confront and cross-examine the witnesses against defendant, the right against compulsory self-incrimination, and the
right to compulsory process for the attendance of witnesses to testify in defendant's defense; but, by pleading guilty,
defendant waives or gives up those rights and there will be no trial. The defendant further understands that if defendant
pleads guilty, the Court may ask defendant questions about the offense or offenses to which defendant pleaded, and if
defendant answers those questions under oath, on the record, and in the presence of counsel (if any), defendant's answers
may later be used against defendant in a prosecution for perjury or false statement. The defendant also understands
that defendant will be adjudicated guilty of the offenses to which defendant has pleaded and, if any of such offenses are
felonies, may thereby be deprived of certain rights, such as the right to vote, to hold public office, to serve on a jury,
or to have possession of firearms.

11. Factual Basis
Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit
that the facts set forth below are true, and were this case to go to trial, the United States would be able to prove those
specific facts and others beyond a reasonable doubt.

FACTS
Beginning in or about November 2012, the Colombian National Police (CNP), in cooperation with the U.S. Drug
Enforcement Administration (DEA) Bogota Country Office, initiated an investigation of a drug trafficking organization
(DTO) based in Colombia that was led by Steven Ramirez Torres (Ramirez). Ramirez is a U.S. citizen who lived
in Orlando, Florida, and in Colombia. The investigation included physical surveillance, cooperating defendants,
intercepted drug shipments, and Colombian court authorized electronic communications intercepts (wiretaps) on
telephones used by members of the DTO. The investigation by the CNP and DEA developed evidence that this DTO had
been sending heroin and cocaine from Bogota, Colombia, to the Middle District of Florida by different methods: fishing
vessel, commercial shippers, and human couriers. Co-defendants Jack Leitner Gonzalez Londono (Gonzalez) and Nestor
Alexander Paz Sarria (Paz Sarria) obtained the heroin in Colombia. The defendant, JOSE MANUEL HURTADO
DELGADO (HURTADO) facilitated the shipments of some of the heroin. Omar Torres Ferrerosa (Torres) and Claudia
Franco (Franco) assisted with transportation of the heroin. Liviany Caez Santana (Caez) facilitated the storage and
distribution of heroin in the United States. Gonzalez, Paz Sarria, HURTADO, Torres, and Franco are citizens of
Colombia.
Specific facts involving the defendant include the following:

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On January 28, 2013, the CNP seized a package containing approximately 487 grams of heroin at the Alfonso Bonilla
Aragon International Airport near Call, Colombia. The package was addressed to a location in Miami, Florida, and
contained a decorative metal vase. The heroin was concealed inside the vase and was seized by the CNP. Through wiretaps
and surveillance the CNP determined Ramirez, Gonzalez, and HURTADO were responsible for the shipment.
In September 2013, the CNP provided information to the DEA Orlando District Office which led to the identification of
JetBlue flight attendant Carla Alvarado (Alvarado), who would be transporting heroin from Bogota to Orlando while
working as an aircrew member of a JetBlue flight.
Alvarado had been friends with Jorge Alomar Baello (Alomar) for several years. Around May 2013, Alomar introduced
Alvarado to Ramirez. Alomar asked Alvarado if she would use her position as a flight attendant to transport drugs
from Bogota to Orlando. Alomar told Alvarado she would be paid $10,000 upon her successful delivery of the drugs.
Alvarado then asked the JetBlue crew schedulers to assign her to two round-trip flights from the U.S. to Bogota.
On September 12, 2013, Alvarado worked as a flight attendant on a flight from Orlando to Bogota. Later that evening,
Alvarado met with Ramirez and Torres at the Marriot hotel in Bogota. Ramirez and Torres brought a women's girdle
which contained approximately one kilogram of heroin sewed into flat panels in the garment.
On September 13, 2013, Alvarado worked her scheduled flight attendant shift and traveled back to Orlando from Bogota.
Alvarado cleared Customs with the heroin undetected.
On September 18, 2013, at 8:50 p.m., the CNP intercepted a call between Gonzalez and HURTADO. Ramirez was
also present with Gonzalez. During the call, Gonzalez and HURTADO discussed the size of the garment for Alvarado.
HURTADO said, “Mono, you told me they were XL and what?” Gonzalez replied, “And L.” HURTADO stated, “No,
dude, t… that pattern is too small. Because I'm measuring it over here…” Aside, Gonzalez asked Ramirez: “Yeah. Is
she, uh, is the flight attendant bigger than … than her, or just the same?” Ramirez got on the phone with HURTADO
and they discussed Alvarado's dimensions and various types of corsets and garments.
On September 26, 2013, Alvarado again worked a JetBlue flight from Orlando to Bogota. Later that evening, Ramirez
spoke with Alvarado on the phone and told her Torres and Franco would meet her in Alvarado's room at the Marriot
Bogota. Torres and Franco arrived with a duffle bag containing heroin pellets wrapped in plastic, and several women's
girdles. Alvarado tried on different girdles while Torres and Franco cut the plastic to fit her body contour. Torres and
Franco fitted panels of plastic-wrapped heroin on Alvarado's back, abdomen and pelvic areas. Torres and Franco then
left the hotel, leaving the heroin and the garment with Alvarado.
After Torres and Franco left, Alvarado called Ramirez to tell him that the garment was too bulky and uncomfortable.
Torres returned a short time later and removed the back and pelvic panels of the garment. Torres then left the hotel with
those panels. Alvarado's garment then held only a panel of heroin pellets laying across her abdomen.
On September 27, 2013, Alvarado worked her scheduled flight from Bogota to Orlando. CBP conducted a secondary
screen of all JetBlue crew members, including Alvarado. During Alvarado's screening, she readily admitted that she was
carrying something illegal. Agents helped her undress and they found she was wearing a body suit under her uniform.
A panel from the abdomen area contained individually wrapped heroin pellets disguised as chocolate candies, with a
total weight of 940 grams of heroin.
On September 27, 2013, at 9:38 a.m., the CNP intercepted a call between Franco and HURTADO. During the call,
Franco and HURTADO discussed the way the heroin was wrapped and Franco fitting Alvarado with the heroin panels
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concealed in the garments. Franco said, “That showed up in a thi… a white thing, uh, with plastic. But the plastic was
taken off and they put on that transparent plastic that didn't make any noise, but then it was wrapped in tape and that
made a lot of noise.” Franco talked about the panels bothering Alvarado: “The one that was bothering her… the one
that was bothering her was the part in back and one that got put in down here underneath.” Franco later said, “And we
took off the plastic and we wrapped it in the transparent paper, not in cellophane, the other one that… that transparent
one that they wrap candies in. You … you know? So, we wrapped it there so she wouldn't make a lot of noise. She …
she put it there, and she put the other one that would tighten … the … the girdle, you know?” HURTADO said, “But…
but listen, but… but did she take the one for the waist?” Franco replied, “No, she didn't take it. What she took was
shapewear that I had him buy yesterday.”
On September 27, 2013, at 10:11 a.m., the CNP intercepted a call between Paz Sarria and HURTADO. During the
call, Paz Sarria and HURTADO discussed Alvarado not being able to fit the panels of heroin on her back and pelvis.
HURTADO talked to Paz Sarria about how many heroin pellets Alvarado was able to conceal. Paz-Sarria said, “Well,
it was super big, the girl couldn't make it fit, man.” HURTADO said, “Send me …send me the measurements for that,
how much was in each … each strip .... You remember the measurements, yes or no? In other words, the one … the one
for the belly button. You know what I mean? So, do you know what I mean or not?” HURTADO later asked, “For
example, on the belly of the …of …of …of …of the waist, the one you're taking about, the waist, how many bananas
were there?” Paz Sarria answered, “I think there were 100. Let me make sure and then I'll … I'll call you.”
On September 27, 2013, at 10:27 a.m., the CNP intercepted a call between Paz Sarria and HURTADO. During the
call, Paz Sarria gave HURTADO the number of heroin pellets transported by Alvarado. Paz Sarria said “ Navel, 110.”
HURTADO and Paz Sarria discussed the amount of heroin pellets given to Alvarado and the number left behind with
Torres and Franco. HURTADO said “Let's hope that they arrive over there to see what....”
On November 18, 2013, the CNP intercepted communications relating to a shipment of heroin from Cali, Colombia,
to Orlando, Florida. The CNP intercepted a package at the Alfonso Bonilla Aragon International Airport near Cali,
Colombia. The package was addressed to a residence in Orlando, Florida, and contained an air purification machine.
Further inspection revealed approximately 4.66 kilograms of heroin made to resemble rubber insulation inside the device.
The CNP advised that HURTADO had the heroin fabricated into the rubber-type insulation form and Gonzalez and
Ramirez had coordinated the shipment.

12. Entire Agreement
This plea agreement constitutes the entire agreement between the government and the defendant with respect to the
aforementioned guilty plea and no other promises, agreements, or representations exist or have been made to the
defendant or defendant's attorney with regard to such guilty plea.

13. Certification
The defendant and defendant's counsel certify that this plea agreement has been read in its entirety by (or has been read
to) the defendant and that defendant fully understands its terms.
DATED this 5 TH day of January, 2016.
A. LEE BENTLEY, III

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

10

 Williams, Brooke 10/18/2017
For Educational Use Only

UNITED STATES OF AMERICA, v. Jose Manuel Hurtado..., 2016 WL 1381328...

United States Attorney
<<signature>>
Bruce S. Ambrose
Assistant United States Attorney
<<signature>>
Katherine M. Ho
Assistant United States Attorney
Chief, Orlando Division
<<signature>>
JOSE MANUEL HURTADO DELGADO
Defendant
<<signature>>
Mark A. Reyes, Esquire
Attorney for Defendant

End of Document

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

© 2017 Thomson Reuters. No claim to original U.S. Government Works.

11