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govinfo:USCOURTS-flsd-1_25-cr-20300-0

U.S. District Court for the Southern District of Florida · 2026-05-04

· GavelSight synced 2026-09-06 03:47:20

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORD A
MG M I DIW SION
UNITED STATES OF AMERICA
BRIAN LEON M ESSINGER
j
9
9
j Case Number: 1:25-CR-20300-KMW(1)
9 USM Number: 01276-512
9
j Counsel for Defendant: Srilekha Jayanthi
j Counsel for United States: Tanner Paul Stiehl
JUDGMENT IN A CRIM INAL CASE
THE DEFENDANT:
X pleaded guilty to Count 1 of the Indictment.
pleaded guilty to countts) before a U.S.
Z Magistrate Judge, which was accepted by the
court.
pleaded nolo contendere to countts) which was
acce ted b the coul't
was found guilty on countts) after a plea of notE1
ui1
The defendant is adjudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended
8 U.S.C. j 1324(a)(1)(A)(v)(l) Conspiracy to encourage and induce aliens to enter the 07/02/2025
United States.
Count
1
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.
EEI The defendant has been found not guilty on countts)
X AIl remaining counts are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,
residence, or mailing address until all fmes, restitution, costs, and special assessments imposed by this judgment are fully paid, lf
ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic
Mav 1. 2026
Date of lmposition of Judgment
Signature o Judge
KATHLEEN M. W ILLIAMS
UNITED STATES DISTRICT JUDGE
Name and Titl of Judge
Datc
Case 1:25-cr-20300-KMW   Document 76   Entered on FLSD Docket 05/05/2026   Page 1 of 6
AO 2458 (Rev. FLSD 4/25) Judgment in a Criminal Ca-se
DEFENDANT:
CASE NUMBER:
Judgment -- Page 2 of 6
BRIAN LEON MESSINGER
1:25-CR-20300-KMW(1)
PROBATION
The defendant is hereby sentenced to probation for a term of:
4 years.
Counts to nm: Z Concurrent Z Consecutive
MANDATORY CONDITIONS
You must not commit another federal, state or local crime.
You must not unlawfully possess a controlled substance.
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of
release from imprisonment and at least two periodic drug tests thereafters as determined by the court.
'Fhe above drug testing condition is suspended, based on the courfs determination that you pose a low risk of
future substance abuse. (check fapplicable)
IH You must cooperate in the collection of DNA as directed by the probation oftker. (check fapplicable)
E5 You must comply with the requirements of the Sex Offenber Registration and Notitication Act (34 U.S.C. j 2090 l , et
seqz) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
you reside, work, are a student, or were convicted of a qualifying offense. (check fapplicablej
(7j You must participate in an approved program for domestic violence. (check fapplicable)
(1 You must make restimtion in accordance with 18 U.S.C. jj 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check (/'
applicable)
You must pay the as'sessment imposed in accordance with 18 U.S.C. j 3013.
9. EEJ If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10. IZ You must notify the court of any material change in your economic circumstances that might affect your ability to pay
restitution, fines, or special assessments.
You must comply with the standard conditions that have been adopted by this coul't as well as with any additional
conditions on the attached page.
Case 1:25-cr-20300-KMW   Document 76   Entered on FLSD Docket 05/05/2026   Page 2 of 6
AO 2458 (Rev. FLSD 4/25) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
Judgment - Pyge 3 of 6
BRIAN LEON MESSINGER
l:25.CR.203002KMW(1)
STANDARD CONDITIONS OF PROBATION
As part of your probation, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by
probation ofticers to keep informed, report to the coul't about, and bring about improvements in your conduct and condition.
l . You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation ofticer instructs you to report to a different probation office or within a different time
frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getling permission from
the court or the probation oftker.
4. You must answer truthfully the questions asked by your probation ofticer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6. You must allow the probation ofticer to visit you at any time at your home or elsewhere, and you must permit the probation officer
to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you fromdoing so. If you do not have full-time employment you must try to tind full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or yourjob
responsibilities), you must notify the probation ofticer at least 10 days before the change. If notifying the probation ofticer at least 1 0
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
s. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the pennission of the
probation officer.
9. lf you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
l 0. You must not own, possess, or have access to a fiieann, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was moditied for, the specific purpose of causing bodily injury or death to another person such as nunchakus or
tasers).
1 1 . You must not act or make any agreement with a 1aw enforcement agency to act as a confidential human source or infonmant
without first getting the pennission of the court.
12. If the probation officer detennines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.
13. You must follow the inskuctions of the probation officer related to the conditions of supervision.
U.S. Probation Oflce Use Only
A U.S. probation officer has instructed me on the conditions specifed by the court and has provided me with a
written copy of this judgment containing these conditions. 1 understand additional information regarding these
conditions is available at www.flsp.uscourts.gov.
Defendant's Signature Date
Case 1:25-cr-20300-KMW   Document 76   Entered on FLSD Docket 05/05/2026   Page 3 of 6
AO 2458 (Rev. FLSD 4/25) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
Judgment -- Page 4 of 6
BRIAN LEON MESSINGER
1 :25-CR-20300-KMW(1)
SPECG L CONDITIONS OF PROBATION
Electronic M onitoring Program: For the first 9 months of probation, the defendant shall participate in the
Electronic Monitoring Program as instructed by U.S. Probation. The defendant shall wear an electronic
monitoring device and follow the electronic monitoring procedures as instructed by the U.S. Probation Ofticer.
The defendant shall pay for the electronic monitoring equipment at the prevailing rate or in accordance with
ability to pay.
Permissible Search: The defendant shall submit to a search of his person or property conducted in a reasonable
malmer and at a reasonable time by the U.S. Probation Officer.
Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution, fines,
or special assessments, the defendant shall notify the probation officer of any material change in the defendant's
economic circllmstances that might affect the defendant's ability to pay.
Case 1:25-cr-20300-KMW   Document 76   Entered on FLSD Docket 05/05/2026   Page 4 of 6
AO 2458 (Rev. FLSD 4/25) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
Judgment - Page 5 of 6
BRIAN LEON MESSINGER
1:25-CR-20300-KMW(1)
CRIM INAL M ONETARY PENALTIES
The defendant must a the total criminal moneta enalties under the schedule of a ments a e.
Assessment Restitution Fine AVAA AssessmentW JVTA Assessment*fr
TOTALS $100.00 $.00 $1 000.00 $.00
IZ The determination of restitution is deferred until An Amendedludgment in a Criminal Case
(AO245C) will be entered after such detennination.
L The defendant must make restitution (including community restitution) to the following payees in the
amount listed below.
If the defendant makes a partial payment each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C.
j 3664(i), all nonfederal victims must be paid before the United States is paid.
Restimtion amount ordered pursuant to plea agreement $
The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before
the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. j 3612(9. All of the payment options on the schedule of
payments page may be subject to penalties for delinquency and default, pttrsuant to 1 8 U.S.C. j 36 12(g).
(Z) The court determined that the defendant does not have the ability to pay interest and it is ordered that:
E(j the interest requirement is waived for the EIII fine EEI restitution
(4J the interest requirement for the (7l fine EEI restitution is modified as follows:
Restitution with lmprisonment - lt is further ordered that the defendant shall pay restimtion in the amount of $.00. During the period of
incarceration, payment shall be made as follows: (1) if the defendant emms wages in a Federal Prison Industries (UNICOR) job, then
the defendant must pay 50% of wages earned toward the financial obligations imposed by this Judgment in a Criminal Case; (2) if the
defendant does not work in a UNlcoRjob, then the defendant must pay a minimum of $25.00 per quarter toward the financial
obligations imposed in this order. Upon release of incarceration, the defendant shall pay restimtion at the rate of 10% of monthly gross
earnings, until such time as the court may alter that payment schedule in the interests of justice. The U.S. Bureau of Prisons, U.S.
Probation Office and U.S. Attorney's Office shall monitor the payment of restitution and report to the court any material change in the
defendant's ability to pay. These payments do not preclude the government from using other assets or income of the defendant to
satisfy the restimtion obligations.
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. j2259.
*# Justice for Victims of Trafficking Act of 2015, 18 U.S.C. j3014.*#* Findings for the total amount of losses are required under Chapters 109A, 1 l0, 1 IOA, and l 13A of Title' l 8 for offenses committed on or after
September 13, 1994, but before April 23, 1996.
Case 1:25-cr-20300-KMW   Document 76   Entered on FLSD Docket 05/05/2026   Page 5 of 6
AO 2458 (Rev. FLSD 4/25) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
Judgment - Page 6 of 6
BRJAN LEON MESSINGER
1:25-CR-20300-KMW(1)
SCHEDULE OF PAYM ENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A M Lump sum payments of $100.00 is due immediately.
It is ordered that the Defendant shall pay to the United States a special assessment of $100.00 for Count 1, which shall be due
immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be addressed to:
U.S. CLERK'S OFFICE
ATTN: FINANCIAL SECTION
400 NORTH MIAM I AVENUE, ROOM 8N09
MIAMI, FLORIDA 33128-7716
The assessment/fine/restitution is payable immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the
U.S. Attorney's Office are responsible for the enforcement of this order.
Unless the court has expressly ordered othemise, if thisjudgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. A1l criminal monetary penalties, except those payments made through the Federal Bureau of Prisons'
lnmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
Q Joint and Several
See above for Defendant and Co-Defendant Names and Case Numbers (including depndant number), Total Amount, Joint and
Several Amount, and corresponding payee, if appropriate.
The defendant shall forfeit the defendant's interest in the following property to the United States:
FORFEITURE of the defendant's right, title and interest in certain property is hereby ordered consistent with the plea
agreement. The United States shall submit a proposed Order of Forfeiture within three days of this proceeding.
Payments shall be applied in the following order: ( 1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5)
fine principal, (6) tine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (1 0) costs, including cost of prosecution
and court costs.
Case 1:25-cr-20300-KMW   Document 76   Entered on FLSD Docket 05/05/2026   Page 6 of 6

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