Free Judgment - District Court of Connecticut - Connecticut


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Date: November 22, 2004
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Category: District Court of Connecticut
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Case 3:03-cr-ME?2-AVC Document 93 Filed 1 1/1 •l 2004 Page 1 of 2 r
U TED STATEE» DISTRICT C • I, RT
DISTRICT OF CONNECTIC
Juoeivipt IEDRIMINAL cAsE
UNITED STATES OF AMERICA
v. CASE NEQQRSNGI
l
Miguel Nunez Mark -_ N · r +!| »(i($€i¥tz£`rBlIlBg. Attorney
1368 Sheridan Avenue, Apt. 1D ` HAR FORU» CT-
Bronx, NY 10456 Thomas Belsk I Defendant’s Attorney
SSN: 057-78-8388 DOB: 01I10I1960 .
The defendant pled guilty to count one of an information. Accordingly, the defenda l is adjudged guilty of count one, ,
which involves the following offense:
Title & Section: 21 U.S.C. § 846 Count: one
Nature of Offense: Conspiracy to Possess with Intent to Distribute One Kilogra or More of Heroin
Date Offense Concluded: 05I03I2003
The sentence is imposed pursuant to the Sentencing Reforrn Act of 1984.
The court departed downward from the sentencing guidelines pursuant to U.S.S.G. ri 1.1. The defendant is hereby
committed to the custody of the United States Attorney General or his duly authoriz representative to be imprisoned for
a term of thirty-five (35) months. Upon release from custody, the defendant shall wl- on supervised release for a term of
five (5) years. Special Conditions of Supervised Release include that, if deported, t e defendant shall not reenter the
United States without prior written approval of the United States Attorney General a !i· prior written notification to the
United States Attorney and the United States Probation Office for the District of Con cticut. The court recommends to
the Bureau of Prisons that the defendant be incarcerated at the Bureau of Prisons f L ility closest to the greater New
YorkINew Jersey area. The defendant shall voluntarily surrender to the U.S. Marsh .= for this district on January 5, 2004,
or at such other time and place as designated by the Bureau of Prisons.
It is further ordered that the defendant shall notify the United States Attorney for this ristrict within 30 days of any change
of name, residence, or mailing address until all fines, restitution, costs and special a essments imposed by this judgment
are fully paid.
l
ln addition to the special conditions of supervised release imposed above, it is here ) ordered that the conditions of
supervised release set out on the reverse side are imposed. .
It is ordered that the defendant shall pay a Special Assessment of $100.00, for coun- one which shall be due
immediately.
Nyvember 18 2004
Date of-nl-rpposlition offSent ce H A
Nfred V C vello, United S tes District Judge
Date: N vember 18, 2004
CERTIFIED AS A TRUE COPY
ON THIS DA TE
Kevin F. Rowe, Clerk l
BY.- l
Deputy Clerk l
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In addition to the Standard Conditions listed below, the following indicated (I) Mandatory Con 1 ions are imposed: l
(bl} li MANDATOIRY CONDITIONS l
[E (1) {jgjwe defendant shall not commit another federal, state or local offense;
[gl (2)G he defendant shall not unlawfully possess a controlled substance;
El (3) The defendant who is convicted for a domestic violence crime as defined in IS U.S.C. section rj 56_1(b) for the_first time shall attend a public,
private, or private non-profit offender rehabilitation program th at has been approved bythe c • rt, _|n consultation with a State Coalition r
{\g?nIst lgonrcstic Violence or other appropriate experts, if an approved program is available · thm a 50·m1le radius ofthe legal residence of
e en an ;
El (4) llgflhc defendant shall refrain from any unlawful use of a controlled substance and submit to on I`- rug test within 15 days of release on
supervised release and at least two periodic drug tests thereafter for use of a controlled subst ce;
El (5) ar fgrne is imposed and has not been paid upon release to supervised release, the defendant sh l adhere to an installment schedule to pay
a ine;
El (6) The defendant sha||_(A) make restitution in aecordance with IS U.S.C. sections 2248, 2259, ng 4, 2327, 3663, 3663A, and 3664; and (B)
pay the assessment imposed in accordance with l8 U.S.C. section 3013;
1:1 (7) A defendant convicted of a sexual offense as described in 18 U.S.C. sections 4042(c)(4) shall port the address where the defendant will
restde and any subsequenfchange of residence tothe probation officer responsible for supervi : "• and shall register as a sex offender in any
State where t e person resides, is employed, carries on a vocation or is a student. l
Cl (8) The defendant cooperate in the collection of a DNA sample from the defendant. l
While on supervised release, the defendant shall also comply with all of the following Standard C 1 ditions:
STAN DARI) CONDITIONS l
I; The defendant shall not leave the judicial district or other specified geographic area _without t ti, permission of _the court or probation officer; ‘
2 The defendant shall relport to the probation officer as directed by the coun or probation officer nd shall submit a truthful and complete ·
written report within t e first five days of each month; _ _ _ _ ,
(3) The defendant shall answer truthfully all inquiries by the probation officer and follow [he inst _ ct1ons_of the probanon officer; _ _ 5
4 The defendant shall support the defendant'; dependents and meet other family responsibihties l ncluding, bu not limited to, complying with *
the terms of anyjcourt order or administrative process pursuant to the law of a state, the Distri I, of Columbia, or any other possession or
terrnltory of the Sltates requiring payments by the defendant for the support and mamten ce of any child or of a child and the parent
wit w om ect is ivan ·
(5) The defendant shall work regularly at a lawful occupation unless excused bythe probation o for schooling, training, or other acceptable
reasons· ·
(6) The defendant shall notify the probation officer at least ten days prior to any change of reside •; _ oremployment; _
7 The defendant shall refrain from excessive use of alcohol and shall not purchase, possess use, istribute, or administer any controlled
substance, or any naraphernalia related to any controlled substance, except as prescribed by a ·r y§lCl3I‘I' _ _
(8) The dfefgntdana s a 1 not frequent places where controlled substances are nllega ly sold, used, •llHtributed’, or administered, or other places
s eci ie t e co rt; _ _ _
(9) The defendhnt shall not associate with any persons engaged in criminal activity, and shall not =- sociate with any person convicted of a felony
unless granted permission to do so by thenprobation e iccr· _ _ _
(I0) The de endant shallcnermita probation o icer to visit the defendant at any time at home or els here and shall pemnt confiscation ofany
contraband observe in plain view bythe probation officer; _ _
(I 1) The defendant shall notify the probation officer within seventy-nvo hours of being arrested or ·· r estioned by a law enforeement officer;_ _
12 Tnehdefendant shall not enter into any agreement to act as an intormer or a specia agent of a I ln enforcement agency without the permissnon
o t e court; _ .
(I3) The defendant shall pay the special assessment imposed or adhere to a court-ordered mstallme schedule for the payment ofthe special
assessment; _ _ _ _
(14) The defendant shall notify the probation officer of any material change inthe defendant’s econ nl ic circumstances that might affect the
defendant’s ability to pay any unpaid amount of restitution, fines, or special assessments.
The defendant shall also report to the Probation Office In the district to which the defendant is re sed within 72 hours of release from the F
custody of the U.S. Bureau of Prisons.
RETURN
I have executed this judgment as follows:
Defendant delivered on to
at , with a certified copy of this judgment.
John F. Bardelli
United States Marshal
By:
Deputy Marshal I