A 0 245 B· (Rev. WOS) JlJdgnell in a Qirrinal Olse
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Filed 02/25/2008
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I
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STA TES OF AMERICA
JUDGMENT IN A CRIMINAL CASE
V.
VINCENTE VILLALOBOS-RODRIGUEZ Case Number: CR 07-58-JJF USM Number: 05258-015 EDSON A. BOSTIC, ESQ.
Defendant's i\ttorney
THE DEFENDANT:
~ pleaded guilty to count(s)
COUNTS II & III OF THE INDICTMENT
D pleaded nolo contendere to count(s)
\vhich \\'as accepted by the court.
D was found
guilty on count(s) after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
1"tI e & Sec t'Ion I
18:91 I 18: 1028A
N a t ure
0
forrense
FALSELY CLAIMING CITIZENSHIP AGGRAVATED IDENTITY THEFT
Offense Ended 412312004 812312004
c oun
II III
,
The defendant is sentenced as provided in pages 2 through the Sentencing Reform Act of 1984.
6
of this judgment. The sentence is imposed pursuant to
D
~
The defendant has been found not guilty on count(s) Count(s) COUNTS I, IV, V, VI
Dis
~ are dismissed on the motion of the United States.
It is ordered that the defendant must notilY the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paJd. If ordered to pay restitution, the defendant must notifY the court and United States attorney of material changes in economic circumstances.
December 6, 2007
Date of Imposition ofJudgmenl
Signatu
_
Date
I
Case 1:07-cr-00058-JJF
:\02'+58 tRev 06/05) Judgm~nlln Criminal She~1 2 Impmonmenr
Cas~
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Judgment Page
.::2,-__ of
6
DEFENDANT: VINCENTE VILLALOBOS-RODRIGUEZ CASE NUMBER:CR 07-58-JJF
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 25 MONTHS
TERM OF ONE MONTH ON COUNT II. TERM OF 24 MONTHS ON COUNT III SHALL BE SERVED CONSECUTIVE TO THE TERM ON COUNT II
o
The court makes the following recommendations to the Bureau of Prisons:
181
The defendant is remanded to the custody of the United States Marshal.
o The defendant shall surrender to the United States Marshal for this district:
o
o
at
_________ D a.m.
o
p.m.
on
as notified by the United States Marshal.
[J The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
o o o
before 2 p.m. on as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on
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\\ -Ov
to
...,1'-°--'\~""--''''\-\"'\'-\\i"S",-,ioy.;>>-·J,,;'r...c"'Jt-oy....l....,;(\_.:.....:,._ _ ,with a certi fied copy 0f th is j udgm en t.
. ... · " .
By
Case 1:07-cr-00058-JJF
AO 2458
(R~v. 06'05) Judgment In a Criminal Case Sheel J Supervised Release
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Filed 02/25/2008
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DEFENDANT: VINCENTE VILLALOBOS-RODRIGUEZ CASE NUMBER: CR 07-58-JJF
Judgment Page ..:3_ _ of
..:6=-
_
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of..:1_Y;...E::.:..;A..:R=- _
THE TERM OF SUPERVISED RELEASE ON COUNT II AND III SHALL RUN CONCURRENT.
The defendant must 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 ofPnsons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
o
~
The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.) The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.) The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.) The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
~
o
o
If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
I)
the defendant shall not lea ve the jud icial district without the perm ission of the court or probation officer;
the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days
of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;
2)
J)
4)
5)
6) 7)
the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; the defendant 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 proDation officer; the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.
8)
9)
10)
II)
12)
13)
Case 1:07-cr-00058-JJF
(Rev 06'(5) Judgment In a Criminal Case Sheel JC· Supervised Release
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Filed 02/25/2008
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DE F EN DA NT: VINCENTE VILLALOBOS-RODRIGUEZ CASE NUMBER:CR 07-58-JJF
Judgment Page --,-4_ _ of --:.6
_
SPECIAL CONDITIONS OF SUPERVISION
I.) Should the defendant be deported from the United States, the tenn of supervised release will run
inactively. If the defendant reenters the United States illegally, this shall be considered a violation of
the term of supervised release.
Case 1:07-cr-00058-JJF
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Document 17
Filed 02/25/2008
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5 6
511
06 O~I Juugment In II Criminal Case 7~h~e\ 5 Criminal Monetary Penallles
I R~,
DEFEN DA NT: VIl\CENTE VILLALOBOS-RODRIGUEZ CASE NUMBER:CR07-58-JJF
Judgment Page
of
CRIMINAL MONETARY PENALTIES
The defendant musr pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
TOTALS
Assessment $ 200.00 ( $ I00 PER COUNT)
Restitution
$ $
D D
The determination of restitution is deferred until --after such determination.
An Amended Judgment in a Criminal Case (AO 245C) will be entered
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, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid before the United States is paId.
Name of Payee
Total Loss·
Restitution Ordered
Priority or Percentage
TOTALS
$
$-------
_
D D
Restitution amount ordered pursuant to plea agreement $
The defendant must pay interest on restitution and a fine of more than $2,iOO, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 US.C. § 3612(1"). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). The court determined that the defendant does not have the ability to pay interest and it is ordered that:
D
D
the inlerest requirement is waived for the
D
fine
D
restitution.
o the interest requirement for the
D
fine
D
restitution is modified as follows:
, Findings for the total amount of losses are required under Chapters 109A, 110, IIOA, and 113A of Title 18 for offenses committed on or after September IJ, 1994, but before April2J, 1996.
Case 1:07-cr-00058-JJF
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Document 17
Filed 02/25/2008
Page 6 of 6
(Rc\ 01)05) Judgmcl11In a Crllmnal Case
~She<:16 ~chcdulc
ol"Paymcnls
Judgment Page
DEFENDA~T: VINCENTE VILLALOBOS·RODRIGUEZ
CASE NUMBER: CR 07-58-JJF
_..:.6_
of
6
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A
~
Lump sum payment of$ .:2..:.00..:..:.0. :.0 .
_
due immediately, balance due ,or E, or
o o
B
not later than _ _ in accordance 0
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C,
0
D,
0
0
0
C,
F bela",; or
c
D
o o o
Payment to begin imrrediately (may be combined V>ith
o D, or
0
F below); or
Payment in equal (e.g., ~kly, tllJnthly, quarterly) installmmts of $ over a period of (e.g., tllJnths or years), to comrrence (e.g., 30 or 60 days) after the date of this judgment; or Payment in equal (e.g., ~kly, tllJnthly, quarterly) installmmts of $ over a period of (e.g., tllJnths or years), to comrrence (e.g., 30 or 60 days) after release from irnprisonrrent to a tenn ofsurervision; or Payrrent during the tenm of supervised release V>ill comrrence V>ithin (e.g., 30 or 60 days) after release fi'om imprisonrrent. The court V>ill set the payment plan based on an assessment of the defendant's ability to pay at that time; or Special instructions regarding the payrrent of criminal m:JI1elaIy penalties:
E
F
o Criminal monetary payments, with the exception of restitution and those payments made through the Federal Bureau of
Prisons' Inmate Fmancial Responsibility Program, shall be made payable to Clerk, U.S. District Court. Any restitution ordered is to be made payable to the victim. and collected by the U.S. Probation Office.
~ Special Assessment shall be made payable to Clerk, U.S. District Court.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal tllJnetary penalties imposed.
o
Joint and Several Defendant and Co-Defendant Na1res and Case Numbers (including defendant nwnber), Total Arrount, Joint and Several Arrount, and corresponding payee, if appropriate.
o o o
The defendant shall pay the cost of prosecution
The defendant shall pay the folloV>ing court cost(s):
The defendant shall forfeit the defendant's interest in the folloV>ing property to the llited States:
Payments shall be applied in the folloV>ing order: (I) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fi ne interest, (6) community restitution, (7) peria! ties, and (8) costs, including cost of prosecution and court costs.
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