Free Judgment Returned Executed - District Court of Arizona - Arizona

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¤ MAY 2 3 2007
UNITED STA TES DISTRICT COURT C -
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B`*’.::3_T_Tm___?_£_,%“gg_ DEPUTY
United States of America
JUDGMENT IN A CRIMINAL CASE
V_ (For Offenss Committed on or After November 1, 1987)
Jesus Silverio Jaquez-Diaz N0- CR °4’0°°21'001'PHX'PGR
.... .. . Daniel R. Raynak (Retained), _,
Attorney for Defendant ` " "` ‘ "
US|Vl#: 81551-008 |CE#: A36193990
THE DEFENDANT ENTERED A PLEA OF guilty on 8/8/2006 to Count One of the Indictment.
ACCORDING LY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 18, U.S.C. §922(g)(‘l ), Felon in Possession of a Firearm,
a Class C Felony offense, as charged in Count One of the Indictment. -. ·
IT IS THE JUDGMENT OF THIS COURT THAT the_defendant is hereby committed to the custody
ofthe Bureau of Prisons for a term of TWENTY FOUR (24) MONTHS on Count One. Upon release
from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3)
YEARS on Count One.
IT IS FURTHER ORDERED that the defendant shall forfeit his interest in the following weapons:
1. Smith & Wesson model 686 .357 caliber revolver #AJV5099
2. Vlhnchester model 1300 12 gauge shotgun #L2889‘l45
3. North China industries model SKS 7.62 rifle #1500976
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: Waived RESTITUTION: NIA
The Court tinds the defendant does not have the ability to pay a fine and orders the fine waived.
lf Incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter.
and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Cri·minaI monetary
payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC
1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in
the priority established under 18 U.S.C. § 3612(c). The total special assessment of $100.00 shall be paid pursuant to Title
18, United States Code, Section 3013 for Count One of the Indictment.
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
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USA vs. Jesus Silverio Jaquez-Diaz
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.
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of
THREE (3) YEARS on Count One.
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 U.S.C. §3563(a)(5) and 3583ro) the
defendant shall submit to one drug test within 15 days of release from imprisonment and suc other
perrodrc drug tests thereafter, as directed from time to time by the probation offrcer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
lt is the order of the Court that, pursuant to General Order 05-36, wh_ich incorrgorates the
requirements of USSG §§5B1 .3 and 5D1.2, you shall comply with the following condi rons:_
1) You shall not commit anotherfederal, state, or local crime durrng the ter_m of supervision.
2 You shall not leave the judicial district or other specrfied geographic area wrthout the
oermissron of the Court or probation officer: _ _
3) ou shall report to the Probatron Ofhce as directed b¥1the Court or probation officer, and shall
submit a tru hful and complete written report within t e flrst_five (1858 of each month. _
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation ofhcer. _ __
5) You shall support your dependents and meet other family responsibilities. _
6 You shall work regularly at a lawful occupation unless excused by the probation officer for
schoolino, trainino, or o her acceptable reasons. _ _
7) You Isha notify t e probation o icer at least ten days prior to any change of residence or
emp oymen . · _ _ _ .
8) You shall refrain from excessive use of alcohol and are suoject to being prohibited from the use
of alcohol if ordered by the Court rn a séroeoial conditron_o_ supervrsion. _
9) You shall not purchase, possess, use, rstrrbute or administer any narcotrc or other controlled
substance ae defined in section 102 of the Controlled Substances‘Act (E1 U.S.C. § 801) or any
paraphernalia related_ to such substances, without a prescription y a licensed medical
prac rtroner. Possession of controlled substances will result in mandatory revocation of your
term of supervision. -
10) You shall not frequent places where controlled substances are illegally sold, used, distributed
or administered, or other places specified by the Court: _
11) You shall not associate wrth any tpersons engaged in criminal aotrvity, and shall not associate
wtfth any person convicted of a elony unless granted permission to do so by the probation
o icer.
12) You shall_ permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscation of arry contrab_and observed_ in plain view bythe probatron ofhcer.- _
13) You shall rmmedratelr notrty the probation ofHcer (within forty-eight (48) hours if_during a
weekend or on a holr ay) 0 being arrested or questioned by a law enforcement offrcer.
14) You shall not enter into any agreement to act as an rnformer or a special agent of a law
enforcement agency withou the rrermission of the Court.
15) As drrected by the probation o icer, you shaI_l notify third partles of risks that may be
occasioned tory your criminal record or personal history or characteristics, and shall permit the
probation o icer to make such notification and to confirm your compliance with such
notification requirement. _
16) If you have ever been convrcted of a felony, you shall refrain from possessing a firearm,
ammunrtron, destructive device, or other dangerous weapon. If you have ever been convicted
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USA vs. Jesus Silverio Jaquez—Diaz
of a misdemeanor involving domestic violence, you shall refrain from possession ofanylirearm
or ammunition. Possession of a firearm will result in mandatory revocation of Your term of
supervision. This prohibition does not apply to misdemeanor cases that did not en all domestic
violence, unless a special condition is imposed by the Court. _ _
17) Unless suspended by the Court, you sha I submit to one substance abuse test within the first
15 days of supervision and thereafter at least two, but no more than two periodic substance
abuse tests per year of supervision, pursuant to 18 U.S.C. 3*5 3563(a)(5) and 3583_(d);
18) If supervision fol ows a term of imprisonment, you shall repo in person tothe Probation Office
in the district to which you are re eased within sevenhr-two (72) hours of release.
19) You shall pay any monetary penalties as ordered by he Court. You will notify the probation
officer of any material change in your economic circumstances that might affect your ability to
g pay restitution, fines, or special assessments. _ _
20) fyou have ever been convicted of any qualifyaing federal or militaréoffense (including amp-a as .
federal feIon¥) listed under 42 l.i.S.C._ § 141 5a$d)(1) or 10 U.S. . § 1565id),Lyou shal
coolperate in he collection of DNA as directed byt e probation ofhcer pursuan to 2 U.S.C.
§ 1 135a(a)(2). ·
The following special conditions are in addition to the conditions of supervised release or supersede
any related standard condition:
1. You shall participate as instructed by the probation officer in a program of substance abuse
treatment which may include testing for substance abuse. You sha I contribute to the cost of
treatment in an amount to be determined by the probation officer.
2. You shall submit your person, propertyéincluding but not limited to computer, electronic
devices, and storage media), residence, o ice, or vehicle to a search conducted by a probation
officer, at a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
4. You are prohibited from owning, maintaining or using a firearm.
5. You shall abstain from all use of alcohol or alcoholic beverages.
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea
agreement and that you have waived your rig ht to ap_peal and to collaterally attack this matter. The
waiver has been knowingly and voluntarily made with an understanding of the consequences and
that it comports with the factual basis of the plea and plea agreement.
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 thisjudgment
to the United States Marshal of this district.
The Court orders commitment to the custody of the Bureau of Prisons.
The defendant shall self-surrender for service of sentence at the institution designated by the
Bureau of Prisons or United States Marshal by 12:00 p.m. on 11/30/2006.
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USA vs. Jesus Silverio Jaquez-Diaz
Date of imposition of Sentence: Monday, October 30, 2006
DATED this 1* day of November, 2006.
·· . sw-—-··¤i»;,·_,,.»{-·-»·•"`
Paul G. Rcgenblatu E
United States Diszxicc Judge
RETURN
I have executed this Judgm t s follows: _
Defendantdelivered on to lv at Q é ,the
institution designated by th urau of Prisons, with a certified copy of th`sj grnent in a Criminal case.
By:
United States Marshal Depu y arshal
CR 04—00Cl21·001-PHX-PGR - Jaquez-Diaz 10/31/D6 3:07pm
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