Opinion
Case Number: CR03-0262 WHA
January 14, 2004
Daniel A. Horowitz, for Defendant's
JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
THE DEFENDANT:
[x] pleaded guilty to count(s): one of the Superseding Information.
[ ] 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 Section Nature of Offense Date Offense Count Concluded Number(s) 18 U.S.C. § 1029
(a)(3) POSSESSION OF UNAUTHORIZED 2003 ONE ACCESS DEVICES The defendant is sentenced as provided in pages 2 through _8_ 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 United States.
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 shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
Defendant's Soc. Sec. No.: 623-92-xxxx
Defendant's Date of Birth: 4-2274
Defendant's USM No.: 93081-011
Defendant's Residence Address:
Glenn E. Dyer Jail 550 6th Street Oakland, CA 94607Defendant's Mailing Address:
Glenn E. Dyer Jail 550 6th Street Oakland, CA 94607
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 12 months.[ ] The Court makes the following recommendations to the Bureau of Prisons:
[x] 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___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
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 yearsWhile on Supervised Release you shall not commit another federal, state or local crime and shall not illegally possess a controlled substance. Revocation of supervised release is mandatory for possession of a controlled substance.
The defendant shall refrain from any unlawful use of a 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.
[ ] 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.
Revocation of supervised release in mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3)
You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court.
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations
STANDARD CONDITIONS OF SUPERVISION
It is the order of the Court that the defendant shall comply with the following standard conditions:1) The defendant shall not leave the judicial district or other specified geographical area without permission of the Court or the probation officer;
2) The defendant shall report to the probation officer as directed by the Court or 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 the instructions of the probation officer;
4) The defendant shall support his or her dependants and meet other family responsibilities, including but not limited to, compliance with the terms of any court order or administrative process pursuant to the laws of a state, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living;
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 at least ten (10) days prior to any change in residence or employment;
7) The defendant shall consume no alcohol if sentenced to the special condition that the defendant is to participate in a drug/alcohol program;
8) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician;
9) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
10) 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;
11) The defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer;
12) The defendant shall notify the probation officer within seventy-two (72) hours of being arrested or questioned by a law enforcement officer;
13) 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;
14) The defendant shall notify third parties of risks related to the defendant's criminal record, personal history, or characteristics, and shall permit the probation officer to make such notifications and/or confirm the defendant compliance with this notification requirement
SPECIAL CONDITIONS OF SUPERVISION
1) The defendant shall pay any restitution or special assessment that is imposed by this judgment and that remains unpaid at the commencement of the term of supervised release.2) The defendant shall not possess or use any computer; however, s/he may, with the prior approval of the probation officer, use a computer in connection with authorized employment and/or education.
3) Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district in which the defendant is released, unless he has been deported. While on supervised release, the defendant shall not commit another federal state, or local crime, shall comply with the standard conditions that have been adopted by the court, and shall comply with the following special condition(s):
The defendant shall comply with the rules and regulations of the United States Department of Homeland Security, Bureau of Immigration and Customs Enforcement, if deported, not reenter the United States without the express consent of the Secretary of the Department of Homeland Security. Upon reentry into the United States, whether legally or illegally, during the period of court ordered supervision, the defendant shall report to the nearest U.S. Probation Office within 72 hours.
4) The defendant shall participate in a program of testing and treatment for drug/alcohol abuse, as directed by the probation officer, until such time as the defendant is released from treatment by the probation officer. The defendant is to pay part or all of the cost of this treatment, at an amount not to exceed sixty dollars ($60.00) per session, as deemed appropriate by the probation officer. Payments shall never exceed the total cost of urinalysis and counseling. The actual co-payment schedule shall be determined by the probation officer.
5) The defendant shall provide the probation officer access to any requested financial information.
6) The defendant shall not open any new lines of credit and/or incur new debt without the prior permission of the probation officer.
7) The defendant shall not possess any false identification and shall provide his or her true identity at all times.
8) The defendant shall submit his/her person, residence, office, vehicle, or any property under his/her control to a search. Such a search shall be conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release. Failure to submit to such a search may be grounds for revocation. The defendant shall warn any residents that the premises may be subject to searches.
9) The defendant shall have no contact with the victim(s), unless otherwise directed by the probation officer.
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.Assessment Fine Restitution Totals: $ 100.00 $ $ 12,728.73 [ ] The determination of restitution is deferred until___. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.[x] The defendant shall 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 proportional 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 in full prior to the United States receiving payment. Total Amount of Priority Order or Name of Payee Amount of Loss Restitution Ordered Percentage of Payment Totals
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113 A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
[ ] The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution 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 5, Part B 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 and/or [ ] restitution.
[ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:A [x] Lump sum payment of $ 100 due immediately, balance due
[ ] not later than___, or
[ ] in accordance with () C, () D, or () E below; or
B [x] Payment to begin immediately (may be combined with () C, () D, or (x) E below); or
C [ ] Payment in___(e.g. equal, weekly, monthly, quarterly) installments of $___over a period of___(e.g., months or year(s)), to commence___(e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in___(e.g. equal, weekly, monthly, quarterly) installments of $___over a period of___(e.g., months or year(s)), to commence___(e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [x] Special instructions regarding the payment of criminal monetary penalties:
Restitution shall be due immediately. Any restitution ordered should be directed to the United States District Court and disbursed as directed by the Probation Officer.
Unless the court has expressly ordered otherwise in the special instruction 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 penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless otherwise directed by the court, the probation officer, or the United States attorney.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[x] Joint and SeveralJoint and Several (including Defendant Defendant Name Amount Number
Case Number ) CR03-0262-02 WHA SHIRLEY TEJADA $ 12,728.73 [ ] The defendant shall pay the cost of prosecution. [ ] The defendant shall pay the following court cost(s):Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7) penalties, (8) costs, including cost of prosecution and court costs.
[ ] 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) community restitution, (6) fine interest, (7) penalties, (8) costs, including cost of prosecution and court costs.