Free Judgment Returned Executed - District Court of Arizona - Arizona


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Category: District Court of Arizona
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rr 2. 05
FILED .___ Looerso
UNITED STA TES DlSTlg%LCOURT M ’ 2005
DISTRICT OF AR A . . ‘
.5 DTS · 1 l TI1Ig&g££RT
United States of America
JUDGMENT IN A CRIMI ‘ ·\_ -t?:»—· _.__ DGED
v_ (For Offences Committed on orAl'ter November: 1. "¢ » EC _ D -m—“ Cgpy
nh Dlmas Ramimpuammz No. CR 04-01315-001-PHX-E AUG 1 6 2005
Bruce Yance (Appointed) ~ - ——-· I COURT
‘ "”‘°”’°’ '°' °°'°"°°"¥ CLi>Ts USM#: 64896-208 lCE#: A72769466 BY..c...-~»-—~— DEPUTY
THE DEFENDANT ENTERED A PLEA OF guilty on 12/2i/O4 to Count I of the Information.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF
THE FOLLOWING OFFENSE: violating Title 8, USC §1326(a), Illegal Re-Entry after
Deportation, with sentencing enhancement pursuant to Title 8, USC §1326(b)(2), 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 TWENTY SEVEN (27) MONTHS on Count I.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term
of THIRTY SIX (36) MONTHS on Count I. The Court recommends that the defendant be placed
in an institution that provides education programs and vocational training.
g CRIMINAL MONETARY PENALTIES
in 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, FINE: S RESTITUTION: $
The Court finds the defendant does not have the ability to pay a line and orders the fine waived.
The total special assessment of $100, shall be paid pursuant to Title 18, United States Code,
Section 3013 for Count I of the Information.
All monetary penalties are due im mediately or in regular m onthly installments. If incarcerated, payments shall begin
under the Bureau of Prisons Inmate Financial Responsibility Program. Any unpaid balance shall becom e a condition of
supervision and shall be paid within prior to the expiration of supervision. Until all restitutions, f Ines, special
assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S. District Court, of change
in name and address.
The Court hereby waives the imposition of interest and penalties on any unpaid balances.
Case 2:O4—cr—O1315-EHC Document 14 Filed 08/16/2005;-. Page of 4
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ce 04·0l315-001-PHX-EHC Page 2 of 3
`USA vs. Dimes Ramirez-Martinez
SUPERVISED RELEASE
U on release from imgrisonment, the defendant is placed on supervised release for a term of
TIFIIRTY SIX (36) M0 THS on Count l.
The defendant shall report to the probation olhce in the distnct to which {he defendant is
released within 72 hours of release from the custody of the Bureau of Prisons.
[gf ggenses cgmgjjttgd on or September 18, 19%4: The defendant shall refrain from any
un a ul use o a controle su s ance. _ursuant to USC §3563(a)(5) and 3583(d) the
defendant shall submit to one drug test within 15 days of release from tmprtsonmen and such
other periodic drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a fireamt, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order 04—1 1: _ _ _ _
1 You shall not commit another federal, state, or local crime during the tenn of supenrision.
2 You shall not leave the judicial district or other specified geographic area without the
permission of the Court or probation officer. _ _
3) ou shall report to the Probation Office as directed bylthe Court or probation officer, and
shall submit a truthful and complete wntten report wrt 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 Isha nstify the probation officer at least ten days prior to any change of residence or
emp o men .
8) You sl¥all refrain from excessive use of alcohol and are subject to being prohibited from the
use of alcohol if ordered by the Court ln a special condition of supervision.
9) You shall not purchase, possess, use, distnbute or administer ang narcotic or other
controlled substance as defined 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) ‘ifou_shall not eqqent places where controlled substances are illegally sold, used,
distributed or administered, or other places specified by the Court.
11) You shall net 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
probation officer. _ _
12) ou shall permit a probation officer to visit at any time at home or elsewhere and shall
permit confiscation of any contraband obsenred 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 agreement to act as an informer or a special agent of a law
enforcement agency withoutt e permission of the Court.
15) As directed by he probation officer, you shall notify third parties of rislts that may be _
occasioned by your criminal record orserspnal history or characteristics, and shall permit
the grobatton 0 _icer to make such noti ication and to confirm your compliance with such
noti cation 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. 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 erm of supervision, This prohibition does not apply to misdemeanor cases that did
Case 2:04—cr—01315-EHC Document 14 Filed 08/16/2005 Page 2 of 4

CR 04-01315-001-PHX-EHC Page 3 of 3
USA vs. Dimas Ramirez-Martinez .
not entail domestic violence, unless a special condition is imposed by the Court._
17) Unless suspended by the Court, you shall submrt to one substance abuse test within the
first 15 days of sugervision and a least two genodrc 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 rn person to the Probation
Ofnce inthe district to which you are released wrthrn severity-two (72) hours of release. _
19) You shall pay an monetary penalties as ordered by the Court. You will notrfy the probation
officer of any mailerial change in your economic circumstances that might affect your abrlrty
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. If 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 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 ofthe Court deliver two certilied copies of this
rudgment to the Unrted States Marshal of thrs district.
The Court orders commitment to the custody of the Bureau of Prisons and recommends:
that the defendant be placed in an institution that provides education programs and vocational
training
Date of imposition of Sentence: Monday, March 14, 2005
Aiwa L.£-»€9r,2.4.4.4-vL- Dm 3-/5/,06
EARL H. CARROLL, United States District Judge
RETURN
l have executed this Judgm ent as follows;
Defendant delivered on to , Lu Q . as e are .4 . » A g ‘ <- , the
institution designated by the Bureau of Prisons, with a ce rfied co r<'·r isi gment in a Crlmi at ··¤ e.
H I · ’ I ..._
3+ my it isrglm Bm srntgirr
United States Marshal W » a . .
CC:_USA/CNSLgBruce Yancey)/PROB(2)/PTS/FlN/JUDGE/USM(2 certitied)llCE (1
certified)/Order ook
CR 04-0tJI5-001-PHx-EHC - Rornre:-Martinez ttltltrttti 9 team
Case 2:04—cr—01315-EHC Document 14 Filed 08/16/2005 Page 3 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
ELECTRONIC CERTIFICATION
I hereby attest and certify on March 16, 2005
that the foregoing document is_a full, true and correct copy of the original
on fite in my office and in my custody.
CLERK, U. S. DISTRICT COURT
DISTRICT OF ARIZONA
/ ·»I- 5
By _ ‘J/*·{I§¤ · . A .,I Deputy Clerk
{K iitjj ‘T"f¢
Electronic Certmcation Issued pursuant to General Order 99-3
Verification Code_VYDLSYy"WrX__
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