Free Judgment and Commitment Issued - District Court of Arizona - 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)
Marco Roma,-O.Ru;z N0. CR 04-00596-003-PHX-SMM
S. Magnus Eriksson (Retained)
‘ Attorney for Defendant
USM#: 82437-008
THE DEFENDANT ENTERED A PLEA OF guilty on 4/1/2005 to Count 7 of the Superseding
Indictment. _ _
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF-
THE FOLLOWING OFFENSE(S); violating Title 8 USC 1324(a)(1)(A)(iii), i-Iarboring Illegal
Aliens, a Class C Felony offense, as charged in Count 7 of the Superseding 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 THIRTY (30) MONTHS on Count 7, 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 Count 7. The Court recommends that the defendant
be placed in an institution in southwestern portion of the United States.
IT IS FURTHER ORDERED that all remaining counts are dismissed on motion of the United
States. _
CRIMINAL MONETARY PENALTIES _
The defendant shali pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0.00 RESTITUTION: $0.00 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 Cterk 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 totai special assessment of
$100.00 shall be paid pursuant to Title 18. United States Code, Section 3013 for Count? of the Supersedlng Indictment.
Any unpaid balance shall become a condition of supenrision and shall be paid within 90 days prior to the expiration of
supenrision. 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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USA vs. Marco Romero-Ruiz ‘ ‘
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of
THREE (3) YEARS on Count 7.
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 aftig September 13, 1994: The defendant shall refrain from any
unla ul use o a contro le su s noe. ursuant to USC §3563(a)(5) and 3583nd) the
defendant shall submit to one drug test within 15 days of release from rmprrsonmen and such
other perrodrc 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.
'(lghe detegdcsnt (sna_=l1comply with the standard conditions of supervision adopted by this Court in
enera r er - :
1) You shalt 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 ‘
Bermrssron of the Court or prqbatron officer._ -
3) ou shall report to the Probation Ofnca as directed byl the Court or probation officer, and
shall submit a truthful and complete written report wrt in the first five days of each month.
4) _ {you shelltenswer truthfully all rnqurrres by the probation officer and follow the instructions of
e pro a ron o rcer.
5) You shall supeort your dependents and meet other family responsibilities.
6 You shall wor_ regularly at a lawful occupation unless excused by the probation officer for
schoolrns, trarnrng, or other acceptable reasons.
7) You {sha nstrfy the probation ofhcer at least ten days prior to any change of residence or
emp oymen . _ _ _ _ _ _
8) You shall refrarn from excessive use of alcohol and are subject to being prohrbrted from the
use of alcohol rf ordered by the Court rn a special conditicn of supervision.
9) You shall not purchase, possess, use, distribute 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_paraphernalra related to such substances, without a prescription by a
rcensed medical practitioner. Possession of controlled substances will result rn mandatory
revocatron of your term of supervision.
10) Yfou shall not requent places where controlled strbstances are illegally scid, used,
distributed or administered or other places specrfied by the Court.
11) You shall not associate with any persons engaged in criminal activity, and shall not
assocra e wr any erson convrc e o a e on un ess ran e permissron o o so e
brtfrth p _tdffly I g td td byth
ro a ron o rcer.
12) Qou shall permit a probation officer to visit at any time at home or elsewhere and shall
nermit confiscation of any contraband observed in plain view by the probation ofHce_r.
13) ou shall rmmediately notify the probation officer (within forty—erght (48) hours if dunng a
weekend cron a hqliday) o being arrested or questioned by a law enfercement officer.
14) You shall not enter rntq any aglrgement to act as an informer or a special agent of a law
enforcement asency wrtheutt permissron ofthe Cotrrt. _ _
15) As directed by he probation officer, you shall notify third parties of risks that may be _
occasioned by your criminal record or eersonal history or characteristics! and shall permit
thsyproeation o _rcer to snake such noti rcation and to confirm your compliance with such
no r rca ron requrremen . ‘ _
16) lf you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dannerous weapon. if 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 Hrearm wil result in mandatory revocatron of
your erm of suceervision. Thisprohibrtion does not aeply to misdemeanor cases that did
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USA vs. Marco Romero-Ruiz
not entail domestic violence, unless a special co_ndition is imposed by the Court. _ _ -
17) Unless suspended by the Court, you shall submit to one substance abuse test within the
first 15 days of sugervision and a least two geriodic substance abuse tests thereafter,
pursuantto 18 U. .C. §§ 3563(a)(5) and 35 3(d); _ _
18) fsupervrsron follows a term of imprisonment, you shall report rn person to the Probation
Office 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 the Court. You will notify the probation
ofticer of any ma erial change in your economic circumstances that might affect your ability
to pay restitution, tines, or specia assessments. _.
While on supervised release, the defendant shall comply with the standard conditions of
supervision adopted by this Court, in General Order 04-1 1. The following special conditions are ‘
rn addition to the conditions of supervised release or supersede any rela ed standard condition;
1. If deported, Iyou shall not re—enter the United States without legal authorization.
2. You are Ipro ·ibited from owning, maintaining or using a firearm.
3. You sha cooperate in the collection of DN 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 knowingty 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 of the Court deliver two certified copies of this
judgment to the United States Marshal of this distnct. ‘
The Court orders commitment to the custody of the Bureau of Prisons and recommends:
that the defendant be placed in an institution in southwestern portion of the United States
The defendant is remanded tothe custody of the United States Marshal.
Date of imposition of Sentence: Tuesday, July 12, 2005 ‘
STEPHQN M. MCNAMEE, Chief United States District Judge
RETURN
I have executed this Judgment as follows; U
Defendant delivered on to at , the
institution designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case.

United States Marshal Deputy Marshal
CC: USA/CNSL(S. Magnus Eriksson)/PROB(2)/PTS/FINIJUDGE/USM(2 certified)/Order Book
CR 04-00596-003-PHX·SMM - Martinez 7.*1 2/U5 4:36pm
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