Free Judgment and Commitment Issued - District Court of Arizona - Arizona


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Date: May 26, 2006
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State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America I
JUDGMENT IN A CRIMINAL CASE
v_ (For Offenses Committed on or After November 1, 1987)
Michael Christopher Ambrose N0- CR 04'01199'0°1‘PHX'JAT
Douglas A. Passon (AFPD)
Attorney for Defendant
USl\/I#: 08064-196
THE DEFENDANT ENTERED A PLEA OF guilty on 1/5/05 to Count One of the Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE: violating Title 8, USC §1324(a)(1)(A)(ii), Transportation of Illegal Aliens,
a Class C Felony offense, as charged in Count One of the Indictment.
ITIS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
of the Bureau of Prisons for a term of TWENTY FOUR (24) MONTHS on Count One, with credit for
time served. The Court recommends that the Bureau of Prisons evaluate the defendant's need for
substance abuse/alcohol treatment and provide him with any treatment that may be available.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term
of THREE (3) YEARS on Count One.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0.00 RESTITUTION: N/A
The Court finds 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. Criminal 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
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.
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CR 04-01199-001-PHX-JAT Page 2 of 4
USA vs. Michael Christopher Ambrose
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 September 13, 1994: The defendant shall refrain from any
unlawful use of a controlled substance. ursuantto 18 USC §3563(a)(5) and 3583(d) the defendant
shall submit to one drug test within 15 days of release from rmprrsonment and such other periodic
drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
It is the order of the Court that, pursuant to General Order 05-36, which incortporates the
requirements of USSG §§5B1.3 and 5D1.2, you shall comply with the following condi ions:
1) You shall not commrt another federal, state, or local crime during the term of supervision.
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 brr the Court or probation officer, and shall
submit a truthful and complete written report within t e first five dag/s of each month. _
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation officer.
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
schooling, training, or o her accsnptable reasons.
7) You Isha nratify 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 sulsject to being prohibited from the use
of alcohol if ordered by the Court in a ?ec_iaI condition o supervision.
9) You shall not purchase, possess, use, rstrrbute or administer any narcotic or other controlled
substance as defined in section 102 ofthe Controlled Substances Act S21 U.S.C. § 801 ) or any
paraphernalia re|ated_ to such substances, without a prescription y a licensed medical
prac itioner. Possession of controlled substances will result in mandatory revocation of your
erm 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 with any tpersons engaged in criminal activity, and shall not associate
wlrrh 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
confiscatio_n of any contraband observed in plain view by the probation officer.
13) You shall immediately notiry the probation officer (within forty-eight (48) hours if during a
weekend or on a holr ay) 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 withou the Ipfermission of the Court.
15) As directed by the probation o icer, you shall notify third parties of risks that may be
occasioned by your criminal record or personal history or characteristics, and shall permrt the
probation officer to make such notification and to confirm your compliance with such
notification requirement.
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CR 04-01199-001-PHX-JAT Page 3 of 4
USA vs. Michael Christopher Ambrose
16) lf you have ever been convicted of a felony, you shall refrain from possessing a fire_arm,
ammunition, destructive device, or other dangerous weapon. lffyou have ever been convicted
of a misdemeanor involving domestic violence, you shall refrain rom possession of anytirearm
or ammunition. Possession of a firearm will result in mandatory revocation of your term of
supervision. This prohibition does not applyto misdemeanor cases that did noten all domestic
violence, unless a special condition is imlposed by the Court.
17) Unless suspended by the Court, you sha I submit to one substance abuse test within the Hrst
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.§§ 3563(a)i5) and 3583(d); _
18) lf supervision fol ows a term of imprisonment, you shall repo rn person o the Probation Office
in the district to which you are re eased within seventy-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
pay restitution, fines, or special assessments. _ _ _
20) f you have ever been convicted of any qualifgrng federal or military offense including any
federal felony) listed under 42 U.S.C. § 141 5a$_d)(1) or 10 U.S. . § 1565 d), lou shal
coocperate in the collection of DNA as directed byt e probation officer 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, 0 ice, or vehicle to a search conducted by a probation
officer, at a reasonable time and in a reasonable manner.
3. 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 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.
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CR 04-01199-001-PHX-JAT Page 4 of 4
USA vs. Michael Christopher Ambrose
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 and recommends that the
Bureau of Prisons evaluate the defendant's need for substance abuse/alcohol treatment and provide
him with any treatment that may be available.
The defendant is remanded to the custody of the United States Marshal.
Date of imposition of Senten : Monday, May 22, 2006
/""`
. Date
1 JAMES A. TEI G, United States Distric Judge
RETURN
I have executed this Judgm ent as follows:
Defendant delivered on to at , the institution
designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case.
B2/¤
United States Marshal Deputy Marshal
CR D4~01199-001-PHX-JAT - Ambrose 5/23/06 10:0Bam
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