Opinion
Case Number: 1:12-MJ00275 BAM
03-11-2013
UNITED STATES OF AMERICA v. RAFAEL I. VASQUEZ
Janet Bateman Defendant's Attorney
AMENDED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
Janet Bateman
Defendant's Attorney
Date of Original Judgment: 1/17/2013
(Or Date of Last Amended Judgment)
Reason for Amendment:
[ ] Correction of Sentence on Remand (Fed R. Crim. P. 35(a)) [ ] Modification of Supervision Conditions (18 U.S.C. §3563(c) or 3583(e)) [ ] Reduction of Sentence for Changed Circumstances (Fed R. Crim. P. 35(b)) [ ] Modification of Imposed Term of Imprisonment for Extraordinary and Compelling Reasons (18 U.S.C.§3582(c)(1)) [ ] Correction of Sentence by Sentencing Court (Fed. R. Crim P. 35©) [ ] Modification of Im posed Term of Imprisonment for Retroactive Amendment(s) to the Sentencing Guidelines (18 U.S.C.§3582(c)(2)) [√] Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) [ ] 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:
[√] pleaded guilty to count: 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. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
+-----------------------------------------------------------------------------+ ¦ ¦ ¦Date Offense ¦Count ¦ ¦ Title & Section ¦ Nature of Offense ¦ ¦ ¦ ¦ ¦ ¦ Concluded ¦ Number(s) ¦ +-----------------+--------------------------------+--------------+-----------¦ ¦36 CFR 4.2(b) and¦Driving a Motor Vehicle ¦ ¦ ¦ ¦CVC ¦Privilege Suspended or ¦ ¦ ¦ ¦ ¦ ¦9/3/2012 ¦1 ¦ ¦14601(a) ¦Revoked for DUI (CLASS B ¦ ¦ ¦ ¦ ¦MISDEMEANOR) ¦ ¦ ¦ +-----------------------------------------------------------------------------+
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) ____ (is)(are) dismissed on the motion of the United States. [ ] Indictment is to be dismissed by District Court on 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.
1/17/2013
Date of Imposition of Judgment
Michael J. Seng
Signature of Judicial Officer
MICHAEL J. SENG , United States Magistrate Judge
Name & Title of Judicial Officer
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
+-----------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +-------+------------+------+-------------¦ ¦Totals:¦$ 10 ¦$ 490 ¦$ ¦ +-----------------------------------------+ [ ] The determination of restitution is deferred until ____. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. [ ] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or 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.
+----------------------------------------------------------------------------+ ¦ Name of Payee ¦ Total Loss ¦ Restitution Ordered ¦ Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦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:
[√] The interest requirement is waived for the [√] fine [ ] restitution[ ] If incarcerated, payment of the fine is due during imprisonment at the rate of not less than $25 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program. [ ] If incarcerated, payment of restitution is due during imprisonment at the rate of not less than $25 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program.
[ ] The interest requirement for the [ ] fine [ ] restitution is modified as follows:
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.
SCHEDULE OF PAYMENTS
Payment of the total fine and other criminal monetary penalties shall be due as follows: A [ ] Lump sum payment of $ ____ due immediately, balance due
[ ] not later than ____, orB [√] Payment to begin immediately (may be combined with [√] C, [ ] D, or [ ] F below); or C [√] Payment in equal monthly installments of $ 40 , to commence 2/15/2013 . D [ ] Payment in equal_(e.g., weekly, monthly, quarterly) installments of $ ____ over a period of ____ (e.g., months or years), to commence ____ (e.g., 30 or 60 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: Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary 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 (including defendant number), Total Amount, Joint and Several Am ount, 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 costs of prosecution and court costs.
[ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or