Opinion
CASE NUMBER: 4:12CR00092-003 USM NUMBER: 71997-279
01-08-2013
UNITED STATES OF AMERICA v. JOSE ALFONZO HERNANDEZ A/K/A "GORDO"
Joe A. Salinas, III Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
Joe A. Salinas, III
Defendant's Attorney
[ ] See Additional Aliases.
THE DEFENDANT:
[×] pleaded guilty to count(s) 1 on March 29, 2012. [ ] pleaded nolo contendere to count(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 offenses:
+-----------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Offense Ended ¦Count ¦ +-------------------+---------------------------------+---------------+-------¦ ¦ ¦Conspiracy to transport, conceal,¦ ¦ ¦ ¦8 U.S.C. §§ 1324(a)¦harbor and shield from detection ¦ ¦ ¦ ¦(1)(A)(v)(I), 1324 ¦and attempt to transport, ¦ ¦ ¦ ¦(a)(1)(A)(ii), 1324¦conceal, harbor and shield from ¦01/27/2012 ¦1 ¦ ¦(a)(1)(A)(iii), and¦detection illegal aliens for the ¦ ¦ ¦ ¦1324(a)(1)(B)(i) ¦purpose of commercial advantage ¦ ¦ ¦ ¦ ¦and private financial gain ¦ ¦ ¦ +-----------------------------------------------------------------------------+ [ ] See Additional Counts of Conviction.
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 count(s) ________ [ ] Count(s) ________ [ ] is [ ] are dismissed on the motion of the .
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 United States attorney of material changes in economic circumstances.
December 18, 2012
Date of Imposition of Judgment
________
Signature of Judge
GRAY H. MILLER
UNITED STATES DISTRICT JUDGE
Name and Title of Judge
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. This term consists of TIME SERVED as to Count 1. [ ] See Additional Imprisonment Terms. [ ] 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:
[ ] 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 United States Marshal.
[ ] as notified by the Probation or Pretrial Services 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 UNITED STATES 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 ¦ ¦ ¦ +------------------------------------------+ [ ] See Additional Terms for Criminal Monetary Penalties. [ ] 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 payees must be paid before the United States is paid.
+------------------------------------------------------------------------------+ ¦ Name of Payee ¦ Total Loss ¦ Restitution Ordered ¦ Priority or Percentage ¦ +---------------+---------------+---------------------+------------------------¦ ¦[ ] See ¦ ¦ ¦ ¦ ¦Additional ¦ ¦ ¦ ¦ ¦Restitution ¦$0.00 ¦$0.00 ¦ ¦ ¦Payees. ¦ ¦ ¦ ¦ ¦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.[×] Based on the Government's motion, the Court finds that reasonable efforts to collect the special assessment are not likely to be effective. Therefore, the assessment is hereby remitted.
[ ] 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.