Case Information
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA CASE NO. 6:24-cr-273-PGB-UAM
V. KENDALL DEVON GODFREY
PLEA AGREEMENT
Pursuant to Fed. R. Crim. P. 1 l(c), the United States of America, by Sara C.
Sweeney, Acting United States Attorney for the Middle District of Florida, and the defendant, Kendall Devon Godfrey, and the attorney for the defendant, Chavelys Y. Alers, Esq., mutually agree as follows:
A. Particularized Terms Count(s) Pleading To
The defendant shall enter a plea of guilty to Count One of the Indictment. Count One charges the defendant with possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2).
2. Maximum Penalties
Count One carries a maximum sentence of 20 years of imprisonment, a fine of no more than $250,000, a term of supervised release of at least five years, up to life, a special assessment of no more than $17,000, pursuant to 18 U.S.C. § 2259A, and a special assessment of $100. With respect to certain offenses, the Court shall order the defendant to make restitution to any victim of the offense(s), and with buG- respect to other offenses, the Court may order the defendant to make restitution to any victim of the offense(s), or to the community, as set forth below.
Additionally, pursuant to 18 U.S.C. § 3014, the Court shall impose a $5,000 special assessment on any non-indigent defendant convicted of an offense in violation of certain enumerated statutes involving: (1) peonage, slavery, and trafficking in persons; (2) sexual abuse; (3) sexual exploitation and other abuse of children; (4) transportation for illegal sexual activity; or (5) human smuggling in violation of the Immigration and Nationality Act ( exempting any individual involved in the smuggling of an alien who is the alien's spouse, parent, son or daughter).
3. Apprendi v. New Jersey
Under Apprendi v. New Jersey, 530 U.S. 466 (2000), a maximum sentence of 20 years may be imposed because the following facts have been admitted by the defendant and are established by this plea of guilty: the offense involved an image of child pornography involving a prepubescent minor. Elements of the Offense(s)
The defendant acknowledges understanding the nature and elements of the offense(s) with which defendant has been charged and to which defendant is pleading guilty. The elements of Count One are:
the Defendant knowingly possessed an item or items of child pornography; the items of child pornography had been transported in interstate or
Second:
foreign commerce, including by computer; and ~ when the Defendant possessed the items, the Defendant believed the items were child pornography.
5. 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.
6. Guidelines Sentence
Pursuant to Fed. R. Crim. P. 1 l(c)(l)(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. 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 i6ffi
3 will recommend to the Court that the defendant receive a two-level downward adjustment for acceptance ofresponsibility, pursuant to USSG § 3El.l(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 § 3E 1.1 (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 § 3El.l(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 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.
8. Mandatory Restitution to Victim of Offense of Conviction Pursuant to 18 U.S.C. §§ 3663A(a) and (b), 2248, 2259, 2264, and 2327, defendant agrees to make full restitution to any victims of the offense. 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 , JbI26_
4 pursuant to 18 U.S.C. § 2253, 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 agrees to waive all constitutional, statutory and procedural challenges (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.
If the United States seeks the forfeiture of specific assets 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. To that end, the defendant agrees to make a full and complete disclosure of all assets over which defendant exercises control directly or indirectly, including all assets held by nominees, to execute any documents requested by the United States to obtain from any other parties by lawful ~ means any records of assets owned by the defendant, and to consent to the release of the defendant's tax returns for the previous five years. The defendant further 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 § IBI .8 will not protect from forfeiture assets disclosed by the defendant as part of the defendant's 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.
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. Jlii;i_
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The defendant agrees that the forfeiture provisions of this plea agreement are intended to, and will, survive the defendant, notwithstanding the abatement of any underlying criminal conviction after the execution of this agreement. The forfeitability of any particular property pursuant to this agreement shall be determined as if the defendant had survived, and that determination shall be binding upon defendant's heirs, successors and assigns until the agreed forfeiture , including any agreed forfeiture amount, is collected in full.
10. Abandonment of Property
Defendant acknowledges that he has an ownership interest in the following items of property that are in the lawful custody of the United States:
An iPhone 12 Pro, IMEI: 358522142766154.
Defendant understands that he has the right and opportunity to claim the listed property. Defendant hereby knowingly and voluntarily waives all right, title, and interest in the listed property. Defendant waives, releases, and withdraws any claim that Defendant has made with respect to the listed property, and waives and releases any claim that Defendant might otherwise have made to the listed property in the future.
Defendant consents to the vesting of title to the listed property to the United States Government, pursuant to Title 41 , Code of Federal Regulations, Section 128-48.102- 1. Defendant also consents to the destruction of the property, or other disposition of the property in accordance with law, and without further notice to defendant. ~LJq
Defendant waives any right Defendant might otherwise have had to receive notice or a hearing with respect to any motion, pleading, order, or any other action that the Government might take, in its sole discretion, to carry out the abandonment, disposition, and/ or destruction of the listed property. Defendant's waiver includes, without limitation, all common law, statutory, and constitutional claims or challenges, on any grounds, arising at any time from, or relating to, the seizure, abandonment, disposition, and destruction of the listed property, including any such claim for attorney's fees and litigation costs.
Defendant further agrees to hold the United States of America, its agents and employees, harmless from any claims whatsoever in connection with the seizure, abandonment, disposition, and destruction of the listed property.
11. Sex Offender Registration and Notification The defendant has been advised and understands, that under the Sex Offender Registration and Notification Act, a federal law, the defendant must register and keep the registration current in each of the following jurisdictions: the location of the defendant's residence, the location of the defendant's employment; and, if the defendant is a student, the location of the defendant's school. Registration will require that the defendant provide information that includes name, residence address, and the names and addresses of any places at which the defendant is or will be an employee or a student. The defendant understands that he must update his registrations not later than three business days after any change of name, residence, employment, or student status. The defendant understands that failure to comply with these obligations subjects the defendant to prosecution for failure to register YJ7AS under federal law, 18 U.S .C. § 2250, which is punishable by a fine or imprisonment, or both.
B. Standard Terms and Conditions 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(s), pursuant to 18 U.S .C. § 3663A, for all offenses described in 18 U.S.C. § 3663A(c)(l); and the Court may order the defendant to make restitution to any victim of the offense(s), 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 (28 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 . To ensure that this obligation is satisfied, the Defendant agrees to deliver a cashier's check, certified check, or money order to the Clerk of the Court in the amount of $100, payable to Jbn..6._
9 "Clerk, U.S. District Court" within ten days of the change of plea hearing. The defendant understands that this agreement imposes no limitation as to fine.
2. Supervised Release
The defendant understands that the offense(s) to which the defendant is pleading provide(s) 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. 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(s) 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. J!i!2n
Case 6:24-cr-00273-PGB-UAM Document 44 Filed 03/19/25 Page 11 of 20 PageID 102 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 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.
Defendant's Initials~
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. 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 Initials /&Dfu
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. 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.
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 ../li)b___ 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 . fil&_
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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 in the attached "Factual Basis," which is incorporated herein by reference, 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.
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.
Defendant's Initials~
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. . ,i,,rh
DATED th i s~ day of March, 2025.
SARAC. SWEENEY Acting United States Attorney Richard Varadan Assistant United States Attorney ~ ;;;z-5?5 Chauncey K." Bratt:------- av s . Alers, Esq. Assistant United States Attorney Attorney for Defendant
Deputy Chief, Orlando Division ~ UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA CASE NO. 6:24-cr-273-PGB-UAM
V. KENDALL DEVON GODFREY
PERSONALIZATION OF ELEMENTS Between on or about December 17, 2023, and on or about February 29, 2024, in the Middle District of Florida and elsewhere:
Did you knowingly possess an item or items of child pornography?
Second: Had the items of child pornography been transported in interstate or
foreign commerce, including by computer? Third: When you possessed the items, did you believe the items were child
pornography? J6I2fi_
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA CASE NO . 6:24-cr-273-PGB-UAM
V. KENDALL DEVON GODFREY
FACTUAL BASIS Between on or about December 17, 2023 , and on or about February 29, 2024, in the Middle District of Florida and elsewhere, the defendant knowingly possessed items of child pornography that had been transported in interstate or foreign commerce, including by computer.
On January 8, 2024, the Orange County Sheriffs Office received two CyberTip (CT) reports from the National Center for Missing and Exploited Children (NCMEC) alleging that the defendant, Kendall Devon Godfrey, was suspected of possessing child sexual abuse material (CSAM) depicting children engaged in sexually explicit conduct. The CT reports detailed that the defendant had interacted with CSAM files within two different Dropbox [1] accounts on December 17, 2023 . The Dropbox accounts were in the defendant's name. The internet protocol (IP) address captured for both transactions was 2600: 1700:80c0:2650:428:7458:5e36:9210 [1] Dropbox is a cloud storage service that allows computer users to store, share, and collaborate on files. Dropbox servers are located in data centers across the United States and other countries.
Defendant's Initial; lhD6.
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(the "Subject IP Address"), which resolved back to an AT&T device in Orlando Florida.
Law enforcement reviewed the images and videos associated with the two CTs and observed that they depicted minors masturbating and being masturbated by others. On February 29, 2024, the officers obtained and served a search warrant on Dropbox for the content of both Dropbox accounts.
Inside the two Dropbox accounts, the officers found several folders containing at least 200 images and at least five video files of CSAM-many of which had been added to the accounts as far back as 2018. At least one of the CSAM images portrayed prepubescent minor. Inside each Dropbox account, the officers also found the same images and video files which had triggered the CT Reports. The officers also found several files depicting known CSAM series victims who had previously been identified by NCMEC. The Dropbox search warrant returns also confirmed that the accounts had been accessed by a device using the Subject IP Address on December 17, 2023, and that the accounts belonged to the defendant.
The first Dropbox account was associated with a Gmail email address and the second Dropbox account was associated with a Yahoo email address. Law enforcement obtained warrants for both email addresses and confirmed that that both email addresses belonged to the defendant. The records also showed that the defendant had logged into his Gmail account using the Subject IP Address on December 17, 2023, using an iPhone 12 Pro.
Defendant's Initials Jk1)6
On October 21, 2024, agents with Homeland Security Investigations (HSI) encountered the defendant upon his return to the United States following an international trip. During a consent interview, the defendant confirmed that both the Gmail and Yahoo email addresses belonged to him. The officers retrieved several devices from the defendant, including an iPhone 12 Pro.
During the defendant's interview, he falsely denied ever having any Dropbox accounts, except for one he had used in college. When confronted with the fact that his Gmail and Yahoo email addresses had been used to create Dropbox accounts, he admitted that he did have two additional Dropbox accounts but claimed he had only used them as a juvenile. He falsely claimed that he may have possessed CSAM when he was a juvenile, but that he deleted his Dropbox accounts once he turned 18, in 2018.
The items of child pornography were transported in interstate or foreign commerce, including by computer, through Dropbox, and/or the Internet.
The above is merely a summary of some of the events, some of the persons involved, and other information relating to this case. It does not include, nor is it intended to include, all the events, persons involved, or other information relating to this case.
Defendant's Initials