Opinion
Case Number: DNCW311CR000184-001 USM Number: 51798-208
12-15-2011
UNITED STATES OF AMERICA v. MARGARITO CRUZ-TAPIA
Theodore A. Maloney Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
Theodore A. Maloney
Defendant's Attorney
THE DEFENDANT:
X Pleaded guilty to count(s) 1.
_ Pleaded nolo contendere to count(s) which was accepted by the court.
_ Was found guilty on count(s) after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
+-----------------------------------------------------------------------------+ ¦Title and ¦Nature of Offense ¦Date Offense ¦Counts¦ ¦Section ¦ ¦Concluded ¦ ¦ +-------------+-------------------------------------+------------------+------¦ ¦8:1326(a) ¦Illegal reentry of a previously ¦6/1/11 ¦1 ¦ ¦ ¦deported alien ¦ ¦ ¦ +-----------------------------------------------------------------------------+
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, United States v. Booker, 125 S.Ct. 738 (2005), and 18 U.S.C. § 3553(a).
_ The defendant has been found not guilty on count(s).
_ Count(s) (is)(are) dismissed on the motion of the United States.
IT IS ORDERED that the defendant shall 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 monetary penalties, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
Date of Imposition of Sentence: 11/29/11
____________
Robert J. Conrad, Jr.
Chief United States District Judge
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of TIME SERVED. Upon release from Imprisonment defendant shall surrender to a duly authorized Immigration Official for deportation.
_ The Court makes the following recommendations to the Bureau of Prisons:
_ The Defendant is remanded to the custody of the United States Marshal.
_ The Defendant shall surrender to the United States Marshal for this District:
_ As notified by the United States Marshal.
_ At ___ a.m. / p.m. on ___.
_ The Defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
_ As notified by the United States Marshal.
_ Before 2 p.m. on ___.
As notified by the Probation Office.
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 Marshal
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments.
+---------------------------------+ ¦ASSESSMENT ¦FINE ¦RESTITUTION ¦ +------------+------+-------------¦ ¦$100.00 ¦$0.00 ¦$0.00 ¦ +---------------------------------+
_ The determination of restitution is deferred until __. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
FINE
The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
X The court has determined that the defendant does not have the ability to pay interest and it is ordered that:
X The interest requirement is waived.
_ The interest requirement is modified as follows:
COURT APPOINTED COUNSEL FEES
_ The defendant shall pay court appointed counsel fees.
_ The defendant shall pay $ _ Towards court appointed fees.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:
A _ Lump sum payment of $ _ Due immediately, balance due
_ Not later than _, or
_ In accordance _ (C), _ (D) below; or
B X Payment to begin immediately (may be combined with _ (C), __ (D) below); or
C _ Payment in equal _ (E.g. weekly, monthly, quarterly) installments of $ __ To commence _ (E.g. 30 or 60 days) after the date of this judgment; or
D _ Payment in equal _ (E.g. weekly, monthly, quarterly) installments of $ __ To commence __ (E.g. 30 or 60 days) after release from imprisonment to a term of supervision. In the event the entire amount of criminal monetary penalties imposed is not paid prior to the commencement of supervision, the U.S. Probation Officer shall pursue collection of the amount due, and may request the court to establish or modify a payment schedule if appropriate 18 U.S.C. § 3572.
Special instructions regarding the payment of criminal monetary penalties:
_ The defendant shall pay the cost of prosecution.
_ The defendant shall pay the following court costs:
_ The defendant shall forfeit the defendant's interest in the following property to the United States:
Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalty payments are to be made to the United States District Court Clerk, 401 West Trade Street, Room 210, Charlotte, NC 28202, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program. All criminal monetary penalty payments are to be made as directed by the court.
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.
STATEMENT OF ACKNOWLEDGMENT
I understand that my term of supervision is for a period of _______ months, commencing on __.
Upon a finding of a violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.
I understand that revocation of probation and supervised release is mandatory for possession of a controlled substance, possession of a firearm and/or refusal to comply with drug testing.
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
(Signed) __
Defendant
(Signed) ____________
U.S. Probation Office/Designated Witness