Opinion
Case Number: 3:12CR147 USM Number: 10152-059
04-19-2013
UNITED STATES OF AMERICA v. SANTOS ALONSO-MARTINEZ A/K/A RIGO AYALA-RIOS
F. ARTHUR MULLINS Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
F. ARTHUR MULLINS
Defendant's Attorney
THE DEFENDANT:
[√] pleaded guilty to count: One (1) of the Information. [ ] pleaded nolo contendere to counts(s) _____ which was accepted by the court. [ ] was found guilty on count(s) _____ after a plea of not guilty.
The defendant is adjudicated guilty of these offense(s):
+-----------------------------------------------------------------------------+ ¦ Title & Section ¦ Nature of Offense ¦ Offense Ended ¦ Count ¦ +-------------------+---------------------------------+---------------+-------¦ ¦8 U.S.C. § 1326(a) ¦ ¦ ¦ ¦ ¦(1) ¦Re-Entry of a Previously Removed ¦07/14/2012 ¦One (1)¦ ¦ ¦Alien ¦ ¦ ¦ ¦and (a)(2) ¦ ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has been found not guilty on counts(s) __________. [ ] Count(s) _____ (is)(are) dismissed on the motion of the United States.
IT IS ORDERED that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and the United States Attorney of material changes in the defendant's economic circumstances.
4/19/13
Date of Imposition of Judgment
____________________
Signature of Judicial Officer
THOMAS M. ROSE
United States District Judge
Name & Title of Judicial Officer
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of time served. [√] The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be accorded all allowable presentence credit for time spent incarcerated on said offense. [√] The defendant is remanded to the custody of the United States Marshal. [ ] The defendant shall surrender to the United States Marshal for this district.
[ ] at __ on __.
[ ] as notified by the United States Marshal. [ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] before 2:00 p.m. on _____.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.
RETURN
I have executed this judgment as follows: ________________________________________
Defendant delivered on ____________________ to ____________________ at ____________________, with a certified copy of this judgment.
__________
UNITED STATES MARSHAL
By __________
Deputy U.S. Marshal
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
+-----------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +-------+------------+------+-------------¦ ¦Totals:¦$100.00 ¦$0.00 ¦$0.00 ¦ +-----------------------------------------+ [ ] The determination of restitution is deferred until_. An amended Judgment in a Criminal Case (AO 245C) wilbe entered after such determination. [ ] The defendant must make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment unless specified otherwise in the priority order of percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.
+-----------------------------------------------------------------------+ ¦ ¦ Total¦ ¦ ¦ ¦Name of Payee ¦ ¦Restitution Ordered ¦Priority or Percentage ¦ ¦ ¦Loss ¦ ¦ ¦ +---------------+--------+---------------------+------------------------¦ ¦TOTALS: ¦$ _____ ¦$ _____ ¦ ¦ +-----------------------------------------------------------------------+ [ ] Restitution amount ordered pursuant to plea agreement $ _______ [ ] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). [ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
[ ] The interest requirement is waived for the [ ] fine [ ] restitution
[ ] The interest requirement for the [ ] fine [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A [√] Lump sum payment of $ 100.00 due immediately as to the special assessment, balance due
[ ] not later than or
[ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or B [ ] Payment to begin immediately (may be combined with [ ] C [ ] D, or [ ] F below); or C [ ] Payment in equal installments of $ over a period of, to commence days after the date of this judgment; or D [ ] Payment in equal installments of $ over a period of, to commence days after release from imprisonment to a term of supervision; or E [ ] Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment. The Court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or F [ ] Special instructions regarding the payment of criminal monetary penalties:
[ ] If the defendant, while incarcerated, is working in a non-UNICOR or grade 5 UNICOR job, the defendant shall pay $25.00 per quarter toward defendant's monetary obligation. If working in a grade 1-4 UNICOR job, defendant shall pay 50% of defendant's monthly pay toward defendant's monetary obligation. Any change in this schedule shall be made only by order of this Court.Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the Clerk of the Court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. [ ] Joint and Several (Defendant and Co-Defendant names and Case Numbers, Total Amount, Joint and Several Amount and corresponding payee, if appropriate.): [ ] The defendant shall pay the cost of prosecution. [ ] The defendant shall pay the following court cost(s): [ ] The defendant shall forfeit the defendant's interest in the following property to the United States: Payments shall be applied in the following order: (1) assessment; (2) restitution principal; (3) restitution interest; (4) fine principal; (5) fine interest; (6) community restitution; (7) penalties; and (8) costs, including cost of prosecution and court costs.
[ ] After the defendant is released from imprisonment, and within 60 days of the commencement of the term of supervised release, the probation officer shall recommend a revised payment schedule to the Court to satisfy any unpaid balance of the monetary penalty. The Court will enter an order establishing a schedule of payments.