Free Judgment Returned Executed - District Court of Arizona - Arizona


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Date: October 12, 2006
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State: Arizona
Category: District Court of Arizona
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n FILED __ LODGED
RECEIVED __ COPY
y 'I¥*‘· , 0CT122006‘
. n I CLERK U S DISTRICT COURT
I DISTRICT OF ARIZONA
UNITED STATES DISTRICT COURT av beau
DISTRICT OF ARIZONA
Unlted States of America
. JUDGMENT IN A CRIMINAL CASE
y_ (For 0ll'•n••a Committed on erA1'lr•r Never-nlm 1, 19873
JamefsrS. Park (Appointed)
LlSM#: 80061-003 _
THE DEFENDANT ENTERED A FLEA OF guilty on ?I30l2003 to Count 2 of the Indictment. `
ACCORDINGLY, THE COURT HAS ADJIJDICATED THAT THE DEFENDANT IS GUILTY OF
THE FOLLOWING OFFENSE(S}: violating Titie 18, USC §2113(a) and (d) Armed Bank
Robbery, a Class B Felony offense, as charged in Count 2 of the lndictrnent.
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 ONE HUNDRED TWENTY (120) MONTHS on
Count 2, said counts to run ooncunently, with credit for time served and the time to commence ,
runnin on December 24. 2002. The tenrn of imprisonment Imposed by thlsjucigment-shall run .
concurrently to the defendant's term of imprisonment in Maricopa County Superior Court, CR I
2002-008338. Upon release from imprisonment, the defendant shall-be placed on supervised
release for a term of FIVE (5} YEARS on Count 2, said counts to mn concurrently. The Court
recommends that the defendant be placed In an institution In northwestern portion of the United
States.
IT IS FURTHER ORDERED that all remaining counts are dismissed on motion of the United
States. -
` CRIMINAL MONETARY PENALTIES I
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0.00 RESTITUTIDN: $1-1,416.00
The Court Ilnds the defendant does not have the ability to pay a fine and orders the fine waived.
tf incarcerated, payment of criminal monetary penalties are due during imprisonment at e rate of not less than $25 per
quarter and payment shall be made through the Bureau of Prlsons' 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 85003-21-18. Payments shodd be credited to the various monetary
penalties Imposed by the Court ln the priority established under 18 U.S.C. § 3G12(0). The total special assessment of
$100.00 shall be paid pursuant to Tltie 18, United States Code, Section 3013 for Count 2 of the Indictment
Any unpaid balance shall beoom e a condition cf supervision and shall be paid within 90 days prior to the expiration or I
supervision. Until all restituticns, fines, special asssssm ents and costs are fully paid, the defendant shall Immediately
notify the Clerk, U.S. District Court, ol any change In nam e and addr ss. The Court hereby waives the_ lm position ol
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USA vs. Rosalie Romero _ _
interest and penalties on any unpaid
Restitution shall be paid to the following victims ln the following amounts: . ‘
The defendant shall ay restitution totaling $1 1 ,41 6.00 to_ the following victims in the following
amounts: Bank One gl ,016; Andrea Kel Yi $1 400. Payment is to commence within 60 days of _
release from incarceration at a rate of atleast $100.00 per month.
SUPERVISED RELEASE
Ulolog release from lrréprisonment. the defendant is placed on supervised release for a term of
F (5} YEARS on ount 2, said counts to run concurrently.
The defendant shall report to the probation office ln the district to which the defendant is
released within 72 hours of release from the custody of the Bureau of Pnsons.
• •t=r = t• r ri • •| • =. `.= =• · •= :ThBd6fBl1dal1l: Shall l'6fl’8ll"tfl'Dl'l’t8fly
un a u use o a contro = · s · : · . ursuan o = SC §3563(a)‘5) and 35%o1$d) the ·
defendant shall submit to one drug testwllhln 15 clays of release from mprlsonm and such
other periodic drug tests thereafter, as directed from time to time by the probatron officer. -
1 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 localcrlme during the term of supervision. .
2 You shall not leave the judicial dlstnct or other specified geographic area without the
oermission of the Court or probation officer. _
3) ou shall report to the Probation Office as directed bythe Court or probation officer, and
shall submit a truthful and complete written report wit 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 suooort your dependents and meet other family responsibilities.
6 You shall wo regularly at a lawful occupation unless excused by the probation ofncer for
schoollno, training, or other acceptable reasons. _
7) You Fha notrfy the probation officer at least ten days pnor to any change of residence-or
em o en .
8) Yet? slgrgll refrain from excessive use of alcohol and are subject to being prohibited from the
use of alcohol if ordered by the Court lh a sojeclal condition of supervision.
9) You shall not purchase, possess use, dlstn ute or administer eng narcotic or other
controlled substance as defined in section 102 ofthe Controlled ubstances Act (21 U.S.C.
3801) or anyparaphernalla related to such substances, without a prescnptron by a
censed medical practitioner. Possession of controlted substances will result ln mandatory
revocation of your term of supervision. · -
10) You _shall not reqoent places where controlled substances are illegally sold, used.
dlstnbuted or administered or other places specified by the Court.
11) You shall not associate with any persons engaged in criminal activity, and shall not
asstocldate vonth any person convicted of a felony untess granted penmssion to do so by the
ro a on o cer. _
12) ¢'ou shall permit a probation officer to visit at any time at home or etsewhere and shall _ _
oermrt confiscation of any contraband observed in plain view by the probation officer. .
13) ou shall immediately notify the probation officer (wlthrn forty-eight (48) hours rf dunng-a
weekend or on a holiday) o being arrested or questioned by a law enforcement officer.
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USA vs. Rosallo Romero
14) You shall not enter lntotggyi§egreot to act $31 an gnfortrmer or a special agent of a law
enorcemen a enc w u rmssono e ou .
15) As directed bygfhe p°i·¤oa;l¤n cgr. you shall notify thlrd parties of risks that may be
occasioned by your crimrnal record orhoersonal history or charactenstics. and shall permit
thoprogation 0 {cer to {nake such no cation and to confirm your compliance with such
norrca on requremen. y
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 ofa misdemeanor involving domes lc violence, you shall refrain from possession
of any firearm or ammunition. Possession of a firearm wll result rn mandatcrzr revocation of
your erm of supervision. This prohibition ooes not apply to misdemeanor ca es that did
. · not entail domestic violence, unless a special condition rs imposed by the Court.
17) Unless suspended by the Courtayou shall submit to one substance abuse test within the
first 15 oetrésféf isjugtsénrlggrg and )(goast g3e6l:odic substance abuse tests thereafter,
ursuan . . . 583fa an ;
18) lfsupervlslon follows a term of mpnsonment. you shall report in person to the Probation _
Office in the district to which you are released wrlhrn seventy-two (72) hours of release.
19) You shall pay any monetary penalties as ordered by the Court. You will notify the probation
officer of any ma enal change In your economic circumstances that might affect your abllrty
to pay restitution, fines. or specia assessments.
While on supervised release the defendant shall comogly with the standard conditions of I
supervision adopted by this Court in General Order 1. Within T2 hours of release from the
. custody of the ureau of Prisons the defendant shall report in person to the Probation Office rn
the dis riot to which the defendant rs released. The followlngspeclal conditions are rn addrtlon to
the conditions of supervised release or supersede any rela d standard condition;
1. You shall participate as instructed by the probation officer ln a program of substance abuse
treatment which may include testing for substance abuse. You shall contribute to the cost
of treatment in an amount to be de emrlned by the probation officer. _ _
2. lf deported. you shall not re—enter theyunited States without legal authorization;
3. You shall submit your person. property (including but not limited to computer, electronic
devices, and storage media). residence. office. or vehicle to a search conducted by a
probation officer. a a reasonable time and in a reasonable manner. g
4. You shall provide the probation officer access to any requested financial infonnation.
5. You are prohibited from making majorjglurchases. incurring new financial obligations, or
entering nto any financial contracts wr out the prior approval ofthe probation officer.
6. You shall not be involved with ` an actlvl possess an an ara hemalia or associate
with any person affiliated with 2 ga?1g. -ty° y g Q p p
7. You shall abstain from all use of alcohol or alcoholic beverages. ‘ _
8. You shall cooperate ln the collection of DNA as directed by the probation-officer.
THE COURT FINDS that you have been sentenced rrr accordance with the terms ofthe plea
agreement and that you have waived your right to appeal and to oollaterally attack this matter.
The waiver has been knowingly and voluntarily made with a factual basis and with an
understanding of the consequences ofthe waiver. ‘ .
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‘ USA vs. Rosalie Romero
The Court may change the conditions of probation or supervised release or extend the tema of
supervision, If less than the authorized maximum. at any time during the period of probation or
supervised release. The Court mayissue a warrant and revoke the original or any subsequent
sentence for a violation occunlng during the period of probation or supervised release.
ITIS FURTHER ORDERED thattha Clerk of the Court deiiver 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 northwestem portion of the United States
The defendant is remanded to the custody of the United States Marshal.
i Date of imposition of Sentence: Thursday, July 14, 2005 ,
new 7 *2-¥"'·*¤·f’
STEPHEN . MCNAMEE, Chief United Stat•s Dtstrglgt Judge rr .-
A - REIURM ·
t have executed this Judgment as
Defendant delivered on Ei*97‘0(*’ to at ¤ _
lrrstltutton designated b Bureau of Prisons, with a certllled copy this judgmgt ln a Criminal e.
ay;
i ‘ l .¤eputy~lrter-anal LZ;
CC: USAr'CNSL(James S. Park)!PROB(2)/PTS/FIN/JUDGE/USM(2 certified)/'Order Book
l CR ¤2·0t¤00-001-Pl~D¢·ShI•I - Romero 7/*15*05 ‘l':4q:r·n
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