Free Judgment Returned Executed - District Court of Arizona - Arizona


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Date: August 17, 2005
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State: Arizona
Category: District Court of Arizona
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_: —7QFll.ED _____ LODGED
: ..,._ RECEIVED ~____ Qgpy
‘ I I APR 26 2005
UNITED STA TES DISTRICT COURT CLERK u s ARICT oounr
DISTRICT OF ARIZONA BY DIETRIC or izonn ·
- _ DEPUTY _
United States of America "
JUDGMENT IN A CRIMINAL CASE
v_ (For Offenses Committed on or Alter November 1, 1 _ 7
Maximilianc Ram“.8z_L0pez ` No. CR 04-01253-001-PHX—NI SEESVED ash LODGE;)
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USlVl# 64816 208 I AUG 1 6 2005
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THE DEFENDANT ENTERED A PLEA OF guilty on 12/2/04 to Count T _ Y` nforma_iic0i%,Né°PUTY
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF I
THE FOLLOWING OFFENSE: violating Title 8, USC §1326(a), enhanced by Title 8, USC
§1326(b)(2), Reentry After Deportation, a Class C Felony offense, as charged in the Information.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the
custody of the Bureau of Prisons for a term of THIRTY TWO (32) MONTHS on Count Two, with
credit for time served. The Court recommends that the defendant be placed in an institution
within the Southern District of California, if possible.
Upon release from imprisonment, the defendant shall be placed on supervised release for a temw
of TWO (2) YEARS on Count Two. -
IT IS FURTHER ORDERED that Count One of the information is dismissed on motion of the
United States.
- CRIMINAL MONETARY PENALTIES .
The defendant shall Cpay to the Clerk, U.S. District Court, Attn: Finance, Suite 130, 401 West _
Washington St., SP 1, Phoenix, Arizona 85003—2118, the following total criminal monetary
penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0.00 RESTITUTION: N/A
The Court finds the defendant does not have the ability to pay a fine and orders the fine waived.
The total special assessment of $100.00 shall be paid pursuant to Title.18, United States Code,
Section 3013 for Count Two of the Information.
. All monetary penalties are due irnmediateiy nr in regular monthly ins_t¤llrnents_. lf incarcerated, payments shall begin _
undefthe Bureau of Prisons lnrnate Financial Responsibility Program. Any unpaid balance shall beoom e a condition of
supervision and shall be paid within 90 days prior to the expiration of supervision. Until all restitutions. fines, special
~ assessments and costs are fully paid, the defendant shall im mediately notify the Clerk, U.S. District Court, of any change
‘ in name and address.
_ The Court hereby waives the imposition of interest and penalties on any unpaid balances. _ R M
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ca O4-01253-001-PHX—MHM ~ · Page 2 of 3
USA vs. Nlaximiliano Ramirez-Lopez _ — — .
SUPERVISED RELEASE
Upon release from imgrisonment, the defendant is placed on supervised release fora term of
TWO (2) YEARS on ount Two.
The defendant shall report to the probation office in the district to which the defendant is
released within 72 hours of release from the custody of the Bureau of Prisons.
For offenses committed on or after September 13, 1994: The defendant shall refrain from any
un a u use o a contro led su stance. ursuant to 18 USC §3563(a)(5) arid 3583(td) the
defendant shall submit to one drug test within 15 days of release from imprisonmen and such
other periodic drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as dehned in
18 U.S.C. §921.
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order D4-11 :
1 You shall not commit another federal, state, or local_ crime during the term of supervision.
2 You shall not leave the judicial district or other specified geographic area without the
nermission of the Court or probation ofticer._ _
3) ou shall report to the Probation Ofhce as directed byithe Court or probation officer, and
shall submit a truthful and complete written report wit in the first five days of each month.
4) You shall answer truthfully all inquiries by the probation officer and follow the instructions of
the probation officer. __ _
5 You shall support your dependents and meet other family responsibilities.
6 You shall wor regularly at a lawful occupation unless excused by the probation officer for
schooling, training, or other acceptable reasons. _
7) You sha nntify the probation officer at least ten days prior to any change of residence or
em o men .
8) Yoigslilall refrain from excessive use of alcohol and are subject to being prohibited from the
use of alcohol if ordered by the Court in a special condition of supervision.
9) You shall not purchase, possess, use, distribute or administer ang narcotic or other
controlled substance as defined in section 102 of the Controlled ubstances Act (21 U.S.C.
§ 801) or any paraphernalia related to such substances, without a prescription by a
icensed medical practitioner. Possession of controlled substances will result in mandatory
revocation of your term of supervision.
10) You shall not requent places Where controlled substances are illegally sold, used, .
distributed or administered, or other places specified by the Court. · H
11) You shall not associate with any persons engaged in criminal activity, and shall not
associate with any person convicted of a felony unless granted permission to do so by the
nrobation officer. .
12) ou shall permit a probation officer to visit at any time at home or elsewhere and shall
nermit confiscation of any contraband observed in plain view by the probation officer.
13) ou shall immediately notify the probation officer (within forty-eight (48) hours if during a
weekend or on a holiday) o being arrested or questioned by a law enforcement ofhcer.
14) You shall not enter into any aglreement to act as an informer or a special agent of a law
enforcement agency without t e permission of the Court. _
15) As directed by he probation ofhcer, you shall notify third parties of risks that may be
occasioned by your criminal record orperspnal history or characteristics ,_ and_ shall permit
the Probation o icer to make such not_i~ication·and_,to confirrn·yoi:r-ccmpl:ance‘rrith‘such- . .
noti ication requirement. _
16) If you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dangerous weapon. lf you have ever been
convicted of a misdemeanor involving domes ic violence, you shall refrain from possession
of any firearm or ammunition. Possession of a firearm wil result in mandatory revocation of
your errn of supervision. This prohibition does not apply to misdemeanor cases that did
Case 2:04-cr—01253-I\/IHIVI Document 16 Filed 08/16/2005 Page 2 of 4

CR 04-01253-001-PHX-MHM · i Page 3 of 3
USA vs. Maximiliano Ramirez-Lopez ·
not entail domestic violence, unless a special condition is imposed by the Court. _ _
17) Unless suspended by the Court, you .shall.subrnit_.to one substance abuse test within the
first 15 days of sugervision and at least two genodic substance abuse tests thereafter, ·
pursuant to 18 U. .C. §§ 3563(a)(5) and 35 3rd); _
18) fsupervision follows a term of imprisonment, you shall report in person to the Probation
Office in the district to which you are released within seventy-two (72) hours of release.
19) You shall pay any monetary penalties as ordered by the Court. You will notify the probation
officer of any ma erial change in your economic circumstances that might affect your ability
to pay restitution, fines, or specia assessments.
The following special conditions are in addition to the conditions of supervised release or
supersede any related standard condition;
1. lf deported, you shall not re-enter the United States without legal authorization.
2. You shall cooperate in the collection of DNA as directed by the probation officer. _
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea
agreement and that you have waived your right to appeal and to collaterally attack this matter.
The waiver has been knowingly and voluntarily made with a factual basis and with an
understanding of the consequences of the waiver.
The Court may change the conditions of probation or supervised re-lease or extend the term of
supervision, if less than the authorized maximum, at any time during the period of probation or
supervised release. The Court may issue a warrant and revoke the original or any subsequent
sentence for a violation occurring during the period of probation or supervised release.
IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this
judgment to the United States Marshal of this district.
The Court orders commitment to the custody of the Bureau of Prisons and recommends that the
defendant be placed in an institution within the Southern District of California, if possible.
The defendant is remanded to the custody of the United States Marshal.
— Date of imposition of Sentence: Mon , April 25, ZGGS - —· -·
A A Date £"`Z|;}"C> 2
- MARY H. MUR IA, d States Di ict Judge ·
‘ RETURN
l have executed this Judgment as follow `
Defendant delivered on gf/2[O.$/V to LWQ COM QOG at (JJ Vwggg, C!} ,the
institution designated by the Bureau of Prisons, ith a certihed copy of this judgment in a Criminal case.
United hal wom gj.,,,_,,___ Deputy Marshal I/(big
l `S Kt
CC:_ USA/CNSLé3ruce Yancey)/PROB(2)/PTS/FIN/JUDGE/USM(2 certified)/ICPE (1 I
- certified)/Order ook · ‘
CR 04-0125$-0¤1·PHX-MHM- Ramirez-Lopez 4f25I051 40pm
` ' " " Case 2Yf)"4'?cTf—U1'2S3YlVlI—l`M_`"D`6cumenf7%hd*“ Filed O8/1'S/2005 Page 3 of 4

UNITEIJ STATES DISTRICT COURT
· FOR THE DISTRICT CF ARIZONA
ELECTRONIC CERTIFICATION _
I hereby attest and certify on April 26, 2005 -
that the foregoing document is a full, true and correct copy of the original
on tile in my office and in my custody.
CLERK, U. S. DISTRICT COURT
DISTRICT OF ARIZONA
&pT.R@$T§,
_..,,== ·_ , ,,.· re-tg _ ra _
I * ‘··» , l=r2,·‘
By _4_ Q ' l’ i l£·‘ tai Deputy Clerk
__ Org. · ,- /' · +V J
"*r¢?§§t-l° . _
Electronic Certification Issued pursuant to General Order 99-3
___ __ __ _ _ _. Verification Code_WYDMSYvnXwW__
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