Opinion
Case Number: 6:12mj00047
02-08-2013
UNITED STATES OF AMERICA v. Jesus Salazar
Andras Farkas Defendant's Attorney
AMENDED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
Andras Farkas
Defendant's Attorney
[ ] Correction of Sentence on Remand (Fed R. Crim. P. 35(a)) [ ] Reduction of Sentence for Changed Circumstances
(Fed R. Crim. P. 35(b)) [ ] Correction of Sentence by Sentencing Court (Fed. R. Crim P. 35(c)) [×] Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) correction: First page, incorrect date of sentencing [ ] Modification of Supervision Conditions (18 U.S.C. §3563(c) or 3583(e)) [ ] Modification of Imposed Term of Imprisonment for Extraordinary and Compelling Reasons (18 U.S.C.§3582(c)(1)) [ ] Modification of Imposed Term of Imprisonment for Retroactive Amendment(s) to the Sentencing Guidelines (18 U.S.C.§3582(c)(2)) [ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. §2255 [ ] 18 U.S.C. §3559(c)(7), [ ] Modification of Restitution Order
THE DEFENDANT:
[v] pleaded guilty to count: Three and Four [ ] pleaded nolo contendere to counts(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 & Section ¦Nature of Offense ¦Date Offense Concluded ¦Count Number(s) ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦36 C.F.R. 4.2 (b)¦Operate Motor ¦ ¦ ¦ ¦23154 (a) ¦Vehicle with BAC ¦6/23/2012 ¦Three ¦ ¦ ¦>.01% ¦ ¦ ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦36 C.F.R. 4.2/CVC¦Suspended Drivers ¦6/23/2012 ¦Two ¦ ¦14601.2 (a) ¦License ¦ ¦ ¦ +--------------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 3 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) ___ and is discharged as to such count(s). [×] Count(s)One and Four (are) dismissed on the motion of the United States. [×] Appeal rights given. [] Appeal rights waived.
IT IS FURTHER 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 restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.
**2/08/2013
Date of Imposition of Judgment
Michael J. Seng
Signature of Judicial Officer
Michael J. Seng, United States Magistrate Judge
Name & Title of Judicial Officer
SUPERVISED PROBATION
The defendant shall be on supervised probation for a term of 36 MONTHS The defendant shall not commit another federal, state, or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed four (4) drug tests per month. [ ] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) [×] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.) [ ] The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.) [ ] The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is employed, or is a student. (Check, if applicable.) [ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.) If this judgment imposes a fine or a restitution obligation, it is a condition of supervised probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the Eastern judicial district without permission of the court or probation officer; 2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer; 4) the defendant shall support his or her dependants and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons; 6) the defendant shall notify the probation officer ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use of alcohol; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer; 10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer; 11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; 13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
The defendant shall be on SUPERVISED PROBATION for a term of 36 MONTHS.
1. The defendant shall submit to the search of his person, property, home and vehicle by a United States probation officer, or any other authorized person under the immediate and personal supervision of the probation officer, based upon reasonable suspicion, without a search warrant. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.
2. As directed by the probation officer, the defendant shall participate in an outpatient correctional treatment program to obtain assistance for drug or alcohol abuse. Attend AA meetings 3 x's weekly.
3. As directed by the probation officer, the defendant shall participate in a program of testing (i.e. breath, urine, sweat patch, etc.) to determine if he has reverted to the use of drugs or alcohol.
4. The defendant shall abstain from the use of alcoholic beverages and shall not frequent those places where alcohol is the chief item of sale.
5. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.
6. The defendant shall comply with the conditions of home detention for a period of 180 days to commence when directed by the probation officer. During this time, the defendant will remain at place of residence except for employment, religious events, to obtain medical care for self and daughter and other activities approved in advance by the defendant's probation officer. The defendant will maintain telephone service at his place of residence without an answering device, call forwarding, a modem, caller ID, call waiting, or a cordless telephone for the above period.
At the discretion of the probation officer, the defendant shall wear an electronic monitoring device and follow electronic monitoring procedures as specified by the probation officer. The defendant shall pay the cost of electronic monitoring as determined by the probation officer
7. The defendant shall complete and approved "Multi Offender's DUI Program," at the direction of the Probation Officer
8. The defendant shall not operate a motor vehicle unless properly licensed and insured. The defendant shall provide proof of license and insurance as directed by the probation officer.
9. The defendant shall participate in a cognitive behavioral treatment program as directed by the probation officer.
10. The defendant shall pay a $10 penalty assessment on each count for a total of $20, to paid forthwith. Payment shall be sent to U.S. District Court, Clerk's Office, 2500 Tulare St. Room 1501, Fresno, CA 93721 and include case number on case or money order.