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

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)
FO!-unc Diaz Castro N0. _
_ Sgggrgxaéédganolomei (AFPD) _
USM#: 82732-008 |CE#: A70133467
THE DEFENDANT ENTERED A PLEA OF guilty on 2/15/05 to Count I of the Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE: violating Title 18, USC §111 and 1114, Assault of a Federal Officer, a
Class C Felony offense, as charged in Count I of 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 SEVENTEEN (17) MONTHS on Count I. The sentence is
consecutive to the Yuma sentence. 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 in a facility in the southwestern part of the United
States that provides programs in education, substance abuse and vocational training.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $ _ RESTITUTION: $
The Court finds the defendant does not have the ability to pay a fine and orders the tine 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 F’risons' 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 85003421 18. 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 301 3 for Count I of the Indictment. Payments to be made morlthly of $25 until
the special assessment is paid in full.
Any unpaid balance shall become a condition of supervision and shall be paid within 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
THIRTY SIX (36) MONTHS on Count I. .
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lf not deported, 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 cemmitted on or efter September 13, 1994: The defendant shall refrain from any
una u useo acontro e su stance. ursuantto 18 §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 judiciaI_ district or other spe_cified geographic area without the
aermassaon of the Court or probation officer. .
3) ou shall report to the Probation Ofhce as directed by. the Court or probation ofHcer, and shall
submit a truthful and complete written report within t e first five days of each month.
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation ofhcer.
5 You shall supaort your dependents and meet other family responsibilities.
6 You shall wor regularly at a lawful occupation unless excused by the probation officer for
schoolina, training`, or 0 her accaetable reasons.
7) You Isha netifyt e probation o ac_er at least ten days prior to any change of residence or
emp oymen .
8) You shall refrain from excessive use of alcohol and are sutpect to bei_ng prohibited from the use
of alcohol if ordered by the Court an a apecaal condition 0 supervision.
9) You shall not purchase, possess, use, istribute or administer any narcotic or other controlled
substance as defined in section 102 of the Controlled Substances Act S21 U.S.C. § 801 ) or any
paraphernalia related to such substances, without a prescription y a licensed medical
erac 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 specafied by the Court. _ _ _
11) You shall not associate with any persons engaged an criminal aetavaty, and shall not associate
willh any person convicted of a elony unless granted permission to do so by the probation
o acer.
12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscataoo of any contraband observed_ in plain view by the probation officer. _ _
13) You shall immediately notafy the probation ofHcer (within forty-eaght f(48)_hours af durang a
weekend or on a hola_ ay) of beang arrested or questioned by a law en orcement officer.
14) You shall not enter into any agreement to act as an anformer or a special agent of a law
enforcement agency wathou the Eermission of the Court. ____
15) As directed by the probation o acer, ‘ you shall notify thard partles of rasks that may be
occasaoned gy your cramanal record or eersonal hastory or characteristics, and shall perm·at the -
probation o acer to make such noti acation and to confirm your compliance with such
notification 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. lftyou have ever been convicted
of a misdemeanor involving domestic violence, you shall refrain rom possession of any firearm
or ammunition. Possessaon of a firearm will result an mandatory revocation of yéour term of
supervision. This prohibition does not apply to misdemeanor cases thatdid not en il domestic
violence, unless a special condition is ameosed by the Court.
17) Unless suspended by the Court, you sha l submit to one substance abuse test within the first
15 days of supervision and at least two periodic substance abuse tests thereafter, pursuant to
18 U. .C. _§§ 3563(a)(5) and 3583(d); _ _
18) lf supervasaon follows a term of imprisonment, you shall report an person to the Probation Office
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USA vs. Fortino Diaz Castro
in the district to which you are released within seventy-two (72) hours of release.
19) You shall pay any monetary penalties as ordered by he Court. You will notify the probation
ofhcer of any material change in your economic circumstances that might affect 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. 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 ofhcer.
2. If deported, you shall not re—enter the United States without legal authorization.
3. You shall submit your person, _propertyf¥_includinghbut not limited to computer, electronic
devices, and storage media), residence, o ice, or ve icle to a search conducted by a probation
officer, at a reasonable time and in a reasonable manner.
4. You shall provide the probation officer access to any requested financial information.
5. You are prohibited from owning, maintaining or using a firearm.
6. You shall cooperate in the collection of DNA as directed by the probation officer.
7. While you are in the United States, that you shall maintain full time employment and or
be enrolled if in a school program. _ -
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.
l ITIS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment
to the United States Marshal of this district.
The Court orders commitment to the custody of the Bureau of Prisons and recommends:
that the defendant be placed in an institution in a facility in the southwestern part of the United
States that provides programs in education, substance abuse and vocational training
Date of imposition of Sentence: Friday, July 8, 2005
-@4//’ BAA/f`l2; Dam 5% CFL
EARL H. CARROLL, nited States District Judge
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RETURN _ _
l 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.
By=
United States Marshal Deputy Marshal
CC:_ USA/CNSL&Gregory A. Bartolomei)/PROB(2)/PTS/FIN/JUDGE/USM(2 certitied)/ICE (1
certitied)/Order ook
CR 04-00653-Q01-PHX-EHC — Castro 7iBi05 4:27pm
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