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


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Date: July 29, 2005
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State: Arizona
Category: District Court of Arizona
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UNITED STA TES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America
JUDGMENT IN A CRIMINAL CASE
v_ (For Offenses Committed on or After November 1, 1987)
Victoria Brambl (AFPD)
Attorney for Defendant
USI\/I#: 06292-196 |CE#: A74254060
THE DEFENDANT ENTERED A PLEA OF guilty on 03/24/05 to the Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF
THE FOLLOWING OFFENSE(S): violating Title 8, USC §1326(a), Illegal Re-Entry after
Deportation, with sentencing enhancement pursuant to Title 8, USC §1326(b)(1), a Class C
Felony offense, as charged in the Indictment.
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 TWELVE (12) MONTHS on the Indictment, with
credit for time served. Upon release from imprisonment, the defendant shall be placed on
supervised release for a term of THREE (3) YEARS on the Indictment.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0 RESTITUTION: $0
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 WestWashington
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 1 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.
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of
THREE (3) YEARS on the Indictment.
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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. Pursuant to 18 USC §3563(a)(5) and 3583(d) the
defendant shall submit to one drug test within 15 days of release from imprisonment 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.
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order 04-11:
1) You shall not commit 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 Brobation _officer.
3) ou shall report to the Pro ation Office as directed by the Court or probation ofHcer, and
shall submit a truthful and complete written report within 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, traininlg, or other acceptable reasons.
7) You Isha nstifyt e probation officer at least ten days prior to any change of residence or
emp oymen .
8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the
use of alcohol if ordered by the Court in a special condition of supervision.
9) You shall not purchase, possess, use, distribute or administer any narcotic or other
controlled subs ance as de med in section 102 of the Controlled Substances Act (21 U.S.C.
§ 801) or any paraphernalia related to such substances, without a prescription by a licensed
medical practitioner. 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 with any (Persons engaged in criminal activity, and shall not
associate with any person convicte of a felony un ess granted permission to do so by the
probation officer. _ _ _ _ _
12) ou shall permit a probation officerto visit at anytime at home or elsewhere and shall permit
confiscation of any contraband observed in plain view by the probation officer.
13) You 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 without the fpermission of the Court.
15) As directed by the probation o icer, you shall notify third parties of risks that may be
occasioned by yfour criminal record or personal history or characteristics, and shall permit
the Probation o icer to make such no ification and to confirm your compliance with such
noti ication requirement. ·
16) If you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dangerous weapon. If you have ever been
convicted of a misdemeanor involving domestic violence, you shall re rain from possession
of any firearm or ammu_nition. Possession of a firearm will result in mandatory revocation
of your term of supervision. This prohibition does not apply to misdemeanor cases that did
no entail domestic violence, unless a ssecial condition is imposed by the Court.
17) Unless suspended by the Court, you sha l submit to one substance abuse test within the first
15 days of su ervision and at least two Jneriodic substance abuse tests thereafter, pursuant
to 18 .S.C. g§ 3563(a)(5) and 3583( );
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USA v Joel Ortega-Mancinas
18) lf supervision follows a term of imprisonment, you shall report in erson to the Probation
Office in the district to which you are released within seventy—two 2372) hours of release.
19) You shall pay any monetary penalties as ordered by the Court. You wi I notify the probation
officer of any ma erial change in your economic circumstances that might a ect your ability
to pay restitution, fines, or special 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 ofHcer.
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.
THE COURT FINDS that the defendant has been sentenced in accordance with the terms of the
plea agreement and that he has waived his 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.
IT IS FURTHER ORDERED that the Clerk of the Court deliver two certihed copies of this
judgment to the United States Marshal of this district.
The Court orders commitment to the custody of the Bureau of Prisons.
Date of imposition of Sentence: Monday, June 6, 2005
Date {2 ( .)*8/` LUV sf
DAVID C. BURY, Uni tes ' ct Judge j ‘
RETURN
I have executed this Judgment 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.
By:
United States Marshal Deputy Marshal
CC: USA/CNSL(BrambI)/PROB(2)/PTS/FIN/JUDGE/USM(2 certitied)/ICE (1 certified)/Order Book
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