Free Judgment Returned Executed - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT R I 8 2005
DISTRICT OF ARIZONA s- g, D,,mc·, mum
BY · · or ARIZONA
United States of America A CRIMIN 'JEPUIY
U M NT IN · '¤· M--
v_ (l!orO2ergs Cogmitted on or After November 1, 1 * T) * FILED www [ Omggrj) i
oscar zsraystspsz No. ce 04-c11sz.¤o1-pHxsR s ”“E'“*” ISSI » W" E
Aliases: Pablo Soqua Herrera; Hugo _ 0 0 5
Lopez-Sanchez; Pablo Soqua Suares; QETEQQDEEBEQQQPI (APPOWIBU) AUG 3 2 U I
Oscar Enrique Lopez; Tony Raudalez; ol-r;;w#{rl.l1sTp§%ral§l; cogni-
· . 53 Hf; A l..CElv/
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USM#: 83558-008 |CE#: A86818032
THE DEFEN DANT ENTERED A PLEA OF guilty on 12/7/04 to the one Count Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF
THE FOLLOWING 0FFENSE(S): violating Title 18, USC §922(g)(5) and 924(a)(2), Illegal Alien
in Possession of a Firearm, a Class C Felony offense, as charged inthe one Count Indictment.
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 TWELVE (12) MONTHS AND ONE (1) DAY on
Count 1, with credit for time served. Upon release from imprisonment, the defendant shall be
placed on supervised release for a term of THREE (3) YEARS on Count 1.
CRIMINAL MONETARY PENALTIES
The defendant shall (pay 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: Waived RESTITUTION: $0.00
The Court finds the defendant does not have the ability to pay a fine and orders the fine Walt/ed.
The total special assessment of $100.00 shall be paid pursuant to Title 18, United States Code,
Section 3013 for the one Count Indictment.
All monetary penalties are due immediately or in regular monthly installments. lf incarcerated, payments shall begin
under the Bureau of Prisons Inmate Financial Responsibility Program. Any unpaid balance shall become 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 immediately notify the Clerk. U.S. District Court, of any change
in name and address. "' '-'`
SUPERVISED RELEASE /£7[
Upon release from imprisonment, the defendant is placed on supervised release for a temw of
THREE (3) YEARS on Count 1.
I Case 2:04-cr-01162-JIVIR—JCG Document 19 FiIed"O8/03/2005 ' Page 1 of 4

` CR 04-01 162-001 -PHX-SRB ~ " · · Page 2 of 3
USA vs. Oscar Zelaya-Lopez
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 Se tember 13 1994; The defendant shall refrain from any
unlawful use of a controlled substance. Pursuant to 18 USC §3563(a)(5) and 3583sd) the
defendant shall submit to one drug test within 15 days of release from impnsonmen and such
other periodic drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a Hrearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
The defendant shall comply with the standard conditions of supenrision adopted by this Court in
General Order O4-11:
1 You shall not commit another federal, state, or local crime during the term of supervision.
2 You shall not leave the judicial district o_r other specified geographic area without the
sermrssion of the Court or probationofficer. _
3) ou shall report to the Probation Office as directed by. the 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 supsort your dependents and meet other family responsibilities.
6 You shall wor regularly at a Iavvful occupation unless excused by the probation officer for
schooling, training, or other acceptable reasons.
7) You sha nstify the probation officer at least ten days prior to any change of residence or
emp o men .
8) You sfilall 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 dehned in section 102 of the Controlled ubstances Act (21 U.S.C.
F 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 admin_istered, or other places specified by the Court.
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
srobation officer. _ _ I _
12) ou shall permit a probation officer to visit at any time at home or elsewhere and shall
_ sermit connscation 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 officer.
14) You shall not enter into any aereement to act as an informer or a special agent of a law
enforcement agency withoult e permission of the Court.
15) As directed by he probation officer. you shall notify third parties of risks that may be
occasioned by yseur criminal record or personal history or characteristics, and shall permit
theierobation o _icer to make such notification and to confirm your compliance with such
no ication requirement. _
16) lf you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dangerous weapon. ff you have ever been
convicted of a misdemeanor involving domestic violence, you shall refrain from possession
of any firearm or ammunition. Possession of a firearm wil result in mandatory revocation of
your erm of supervision. This prohibition does not apply to misdemeanor cases that did
not entail domestic violence, unless a special condition is imposed by the Court, _
17) Unless suspended by the Court, you shall submit to one substance abuse test within the
first 15 days of sugeivision and at least two geriodic substance abuse tests thereafter,
pursuant to 18 U. .C. §§ 3563(a)(5) and 35 3(d);
18) fsupervision follows a term of imprisonment, you shall report in person to the Probation
Case 2:04-cr-01162-JlVIFi—JCG Document 19 Filed 08/O3/2005 Page 2 of 4

` CR O4-01162-001-PHX-SRB ‘ ' ‘ ’ Page 3 of 3
USA vs. Oscar Zelaya- Lopez
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
oflicer 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. You shall not re-enter the United States without legal authorization.
2. You shall cooperate inthe 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 release 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.
The defendant is remanded to the custody of the United States Marshal.
Date of Imposition of Sentence: Monday, March 14, 2005
(.#'“
` Date 5[l'(ég
SUSA R. BOLTON. United lates District Judge
RETURN
I haveexeouted this Judgment as follows: `
Défendant delivered on §:O'7( 03/ to @ (2 gp'. Q`. l i at égfgglg ( , the
institution deslgnatedby Bureau of Prisons. wi a certined copy o this judgment in a Criminal case.
Toe.,-R0~.$\O€c—r% Wgteé, By: QQ. COUYdl’\&.Jf”C`»»—·

CC:_ USA/CNSL§Atmore L. Baggot)/PROB(2)/PTS/FlN/JUDGE/USM(2 certihed)/ICE (1
certified)/Order ook
CR 04-01162-001-PHX-SRB -Zulaya-Lopez 3·l15lO5 1 aapm
M U H J Case‘2:O4-cr-O1162-Jl\/IFt—JCG Document 19 _ Page 3 note

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
ELECTRONIC CERTIFICATION
l hereby attest and certify on March 18, 2005
that the foregoing document is a full, true and correct copy of the original
on file in my office and in my custody.
CLERK, U. S. DIST T COURT
DISTRICT OF -· Rl ONA
y -Q%:".‘y_b In !'¥T_•yI/rl l
By _ EPUIY CIETK
/Q/G‘i`s-*··l·~;¢—·a§f%_
Electronic Certification Issued pursuant to General Order 99-3
Verihcation Code_V[DLSYhI·<\hT_
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