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United States v. Araiza-Ortega

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Jun 18, 2012
Case Number: 12CR0487-BEN (S.D. Cal. Jun. 18, 2012)

Opinion

Case Number: 12CR0487-BEN

06-18-2012

UNITED STATES OF AMERICA v. MICHAEL ARAIZA-ORTEGA (2)

FRANK TORRES MORELL Defendant's Attorney


JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed. On or After November 1, 1987)


FRANK TORRES MORELL

Defendant's Attorney

REGISTRATION NO. 30168298

[ ]

THE DEFENDANT:

[×] pleaded guilty to count(s) 1 OF THE INFORMATION.

[ ] was found guilty on count(s) ___________________________ after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

+----------------------------------------------------------------------------+ ¦ ¦ ¦Count ¦ ¦Title & Section ¦Nature of Offense ¦ ¦ ¦ ¦ ¦Number(s)¦ +-----------------------+------------------------------------------+---------¦ ¦8 USC 1324(a)(l)(A)(ii)¦ATTEMPTED TRANSPORTATION OF ILLEGAL ALIENS¦ ¦ ¦ ¦ ¦1 ¦ ¦and (v)(II) ¦AND AIDING AND ABETTING ¦ ¦ +----------------------------------------------------------------------------+

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.

[ ] The defendant has been found not guilty on count(s) ___________________________

[ ] Count(s) ___________________________ is [ ] are [ ] dismissed on the motion of the United States.

[×] Assessment: $100.00 through the Inmate Financial Responsibility Program (IFRP) at the rate of $25.00 per quarter during the period of incarceration.

[×] Fine waived [ ] Forfeiture pursuant to order filed ___________________________ , included herein.

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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

JUNE 11, 2012

Date of imposition of Sentence

___________________________

HON. ROGER T. BENITEZ

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 TWENTY-FOUR (24) MONTHS.

[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b).

[×] The court makes the following recommendations to the Bureau of Prisons:

DEFENDANT BE INCARCERATED WITHIN THE SOUTHWEST REGION OF THE UNITED STATES.

[ ] 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 ___________________________ .
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___________________________
[ ] 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

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE (3) YEARS.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

For offenses committed on or after September 13, 1994:

The defendant shall not illegally possess 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 as determined by the court. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.

[ ] 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, ammunition, destructive device, or any other dangerous weapon.

[×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3583(d).

[ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.

The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

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 dependents 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 at least ten days prior to any change in residence or employment;

7) 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 substances, except as prescribed by a physician;

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 of 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; and

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

[×] Submit person, residence, office or vehicle to a search, 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 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

[ ] If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation officer within 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure.

[ ] Not transport, harbor, or assist undocumented aliens.

[ ] Not associate with undocumented aliens or alien smugglers.

[ ] Not reenter the United States illegally.

[×] Not enter or reside in the Republic of Mexico without written permission of the Court or probation officer.

[×] Report all vehicles owned or operated, or in which you have an interest, to the probation officer.

[ ] Not possess any narcotic drug or controlled substance without a lawful medical prescription.

[ ] Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any form.

[ ] Participate in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a psychiatrist/physician, and not discontinue any medication without permission. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. Is required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

[ ] Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation officer, if directed.

[ ] Provide complete disclosure of personal and business financial records to the probation officer as requested.

[ ] Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer.

[ ] Seek and maintain full time employment and/or schooling or a combination of both.

[ ] Resolve all outstanding warrants within days.

[ ] Complete hours of community service in a program approved by the probation officer within

[ ] Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of

[ ] Participate in a program of drug or alcohol abuse treatment, including urinalysis or sweat patch testing and counseling, as directed by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. Is required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

[ ]

UNITED STATES OF AMERICA

v.

JOSE FERMIN DAVALOS-MARTINEZ (1)

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed. On or After November 1, 1987)


Case Number: 11CR0134-BEN


MARTHA MCNAB HALL

Defendant's Attorney

REGISTRATION NO. 45307112

[ ]

THE DEFENDANT:

[×] pleaded guilty to count(s) 1s OF THE SUPERSEDING INDICTMENT.

[ ] was found guilty on count(s) ___________________________ after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

+-----------------------------------------------------------------+ ¦ ¦ ¦Count ¦ ¦Title & Section ¦Nature of Offense ¦ ¦ ¦ ¦ ¦Number (s) ¦ +-----------------+---------------------------------+-------------¦ ¦8 USC 1326 ¦ATTEMPTED ENTRY AFTER DEPORTATION¦1s ¦ +-----------------------------------------------------------------+

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.

[ ] The defendant has been found not guilty on count(s) ___________________________

[×] Count(s) UNDERLYING INDICTMENT is [ ] are [ ] dismissed on the motion of the United States.

[×] Assessment: $ 100.00 through the Inmate Financial Responsibility Program (IFRP) at the rate of $25.00 per quarter during the period of incarceration.

[×] Fine waived [ ] Forfeiture pursuant to order filed ___________________________ , included herein,

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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

JUNE 11, 2012

Date of imposition of Sentence

___________________________

HON. ROGER T. BENITEZ

UNITED STATES DISTRICT JUDGE

UNITED STATES OF AMERICA

v.

SALMA ZAMORANO (1)

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)


Case Number: 11CR4788-BEN


FEDERAL DEFENDERS, INC, BY SARAH M. GORMAN

Defendant's Attorney

REGISTRATION NO. 28730298

[ ]

THE DEFENDANT:

[×] pleaded guilty to count(s) 1 OF THE INDICTMENT.

[ ] was found guilty on count(s) ___________________________ after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

+------------------------------------------------------------+ ¦ ¦ ¦Count ¦ ¦Title & Section ¦Nature of Offense ¦ ¦ ¦ ¦ ¦Number(s) ¦ +-----------------+------------------------------+-----------¦ ¦21 USC 952, 960 ¦IMPORTATION OF METHAMPHETAMINE¦1 ¦ +------------------------------------------------------------+

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.

[ ] The defendant has been found not guilty on count(s) ___________________________

[ ] Count(s) ___________________________ is [ ] are [ ] dismissed on the motion of the United States.

[×] Assessment: $100.00 through the Inmate Financial Responsibility Program (IFRP) at the rate of $25.00 per quarter during the period of incarceration.

[×] Fine waived ___________________________ [ ] Forfeiture pursuant to order filed ___________________________ , included herein.

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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

JUNE 11, 2012

Date of imposition of Sentence

___________________________

HON. ROGER T. BENITEZ

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 FORTY-ONE (41) MONTHS.

[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b).

[ ] 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 ___________________________ .
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 ___________________________
[ ] 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

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: FIVE (5) YEARS.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

For offenses committed on or after September 13, 1994:

The defendant shall not illegally possess 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 as determined by the court. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.

[ ] 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, ammunition, destructive device, or any other dangerous weapon.

[×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3583(d).

[ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.

The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

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 dependents 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 at least ten days prior to any change in residence or employment;

7) 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 substances, except as prescribed by a physician;

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 of 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; and

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

[×] Submit person, residence, office or vehicle to a search, 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 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.

[ ] If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation officer within 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure.

[ ] Not transport, harbor, or assist undocumented aliens.

[ ] Not associate with undocumented aliens or alien smugglers.

[ ] Not reenter the United States illegally.

[×] Not enter or reside in the Republic of Mexico without written permission of the Court or probation officer.

[×] Report all vehicles owned or operated, or in which you have an interest, to the probation officer.

[ ] Not possess any narcotic drug or controlled substance without a lawful medical prescription.

[ ] Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any form.

[ ] Participate in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a psychiatrist/physician, and not discontinue any medication without permission. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. Is required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

[ ] Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation officer, if directed.

[ ] Provide complete disclosure of personal and business financial records to the probation officer as requested.

[ ] Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer.

[ ] Seek and maintain full time employment and/or schooling or a combination of both.

[ ] Resolve all outstanding warrants within days.

[ ] Complete hours of community service in a program approved by the probation officer within

[ ] Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of

[ ] Participate in a program of drug or alcohol abuse treatment, including urinalysis or sweat patch testing and counseling, as directed by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. Is required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

UNITED STATES OF AMERICA

V.

MAURELIO MERLAN-AGUILAR (1)

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November, 1, 1987)


Case Number: 11CR4633-BEN


FEDERAL DEFENDERS, INC. BY JOSEPH S. CAMDEN

Defendant's Attorney

REGISTRATION NO. 96920098

[ ]

THE DEFENDANT:

[×] pleaded guilty to count(s) 1 OF THE INDICTMENT.

[ ] was found guilty on count(s) ___________________________ after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s);

+-----------------------------------------------------------------------+ ¦ ¦ ¦Count ¦ ¦Title & Section ¦Nature of Offense ¦ ¦ ¦ ¦ ¦Number(s) ¦ +-----------------+-----------------------------------------+-----------¦ ¦USC 1326 ¦DEPORTED ALIEN FOUND IN THE UNITED STATES¦1 ¦ +-----------------------------------------------------------------------+

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.

[ ] The defendant has been found not guilty on count(s) ___________________________

[ ] Count(s) ___________________________ is [ ] are [ ] dismissed on the motion of the United States.

[×] Assessment: $100.00 through the Inmate Financial Responsibility Program (IFRP) at the rate of $25.00 per quarter during the period of incarceration.

[×] Fine waived [ ] Forfeiture pursuant to order filed ___________________________ , included herein.

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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

JUNE 11, 2012

Date of imposition of Sentence

___________________________

HON. ROGER T. BENITEZ

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 EIGHTEEN (18) MONTHS.

[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b).

[ ] 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 ___________________________ .
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___________________________
[ ] 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

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: THREE (3) YEARS.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

For offenses committed on or after September 13, 1994:

The defendant shall not illegally possess 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 as determined by the court. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.

[ ] The above drug testing condition is suspended, based on the court's determination mat the defendant poses a low risk of future substance abuse. (Check, if applicable.)

[×] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

[×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3.583(d).

[ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.

The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

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 dependents 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 at least ten days prior to any change in residence or employment;

7) 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 substances, except as prescribed by a physician;

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 of 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; and

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

[ ] Submit person, residence, office or vehicle to a search, 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 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.

[×] If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation officer within 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure.

[ ] Not transport, harbor, or assist undocumented aliens.

[ ] Not associate with undocumented aliens or alien smugglers.

[ ] Not reenter the United States illegally.

[ ] Not enter or reside in the Republic of Mexico without written permission of the Court or probation officer.

[ ] Report all vehicles owned or operated, or in which you have an interest, to the probation officer.

[ ] Not possess any narcotic drug or controlled substance without a lawful medical prescription.

[ ] Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any form.

[ ] Participate in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a psychiatrist/physician, and not discontinue any medication without permission. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. Is required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

[ ] Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation officer, if directed.

[ ] Provide complete disclosure of personal and business financial records to the probation officer as requested.

[ ] Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer.

[ ] Seek and maintain full time employment and/or schooling or a combination of both.

[ ] Resolve all outstanding warrants within days.

[ ] Complete hours of community service in a program approved by the probation officer within

[ ] Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of

[ ] Participate in a program of drug or alcohol abuse treatment, including urinalysis or sweat patch testing and counseling, as directed by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. Is required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

[ ]

UNITED STATES OF AMERICA

V.

GUILLERMO ACOSTA-ANGULO (1)

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November, 1, 1987)


Case Number: 12CR0678-BEN


MICHAEL IAN GAREY

Defendant's Attorney

REGISTRATION NO. 30296298

[ ]

THE DEFENDANT:

[×] pleaded guilty to count(s) 1 OF THE INFORMATION.

[ ] was found guilty on count(s) ___________________________ after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

+-------------------------------------------------------------+ ¦ ¦ ¦Count ¦ ¦Title & Section ¦Nature of Offense ¦ ¦ ¦ ¦ ¦Number(s) ¦ +-----------------+-------------------------------+-----------¦ ¦21 USC 952, 960 ¦IMPORTATION OF COCAINE (FELONY)¦1 ¦ +-------------------------------------------------------------+

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.

[ ] The defendant has been found not guilty on count(s) ___________________________

[ ] Count(s) ___________________________ is [ ] are [ ] dismissed on the motion of the United States.

[×] Assessment; $ 100.00 through the Inmate Financial Responsibility Program (IFRP) at the rate of $25.00 per quarter during the period of incarceration.

[×] Fine waived [ ] Forfeiture pursuant to order filed ___________________________ , included herein.

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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

JUNE 11, 2012

Date of imposition of Sentence

___________________________

HON. ROGER T. BENITEZ

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 THIRTY-SEVEN (37) MONTHS.

[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b).

[×] The court makes the following recommendations to the Bureau of Prisons:

DEFENDANT BE INCARCERATED WITHIN THE WESTERN REGION OF THE UNITED STATES.

[ ] 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 ___________________________ .
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 ___________________________
[ ] 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

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: FIVE (5) YEARS.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

For offenses committed on or after September 13, 1994:

The defendant shall not illegally possess 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 as determined by the court. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.

[ ] 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, ammunition, destructive device, or any other dangerous weapon.

[×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3583(d).

[ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.

The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer:

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 dependents 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 at least ten days prior to any change in residence or employment;

7) 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 substances, except as prescribed by a physician;

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 of 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; and

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.

PLAINTIFF ___________________________

DEFENDANT ___________________________

COURT CASE NUMBER ___________________________

TYPE OF PROCESS ___________________________

NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

___________________________

ADDRESS (Street or RFD, Apartment No. (City, State and ZIP Code)

SEND NOTICE OF SERVICE COPY TO REQUESTER NAME AND ADDRESS BELOW:

Number of process to be served with this Form - 285

Number of parties to be served in this ease

Check for service on U.S.A.

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Available For Service):

Signature of Attorney or other Originator requesting service on behalf of: ___________________________

[√] PLAINTIFF

[ ] DEFENDANT

TELEPHONE NUMBER ___________________________

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE

I acknowledge receipt for the total

number of process indicated.

(Sign only first USM 285 if more

than one USM 285 is submitted)

Total Process __

District of Origin No. __

District to Serve No. __

Signature of Authorized SMS Deputy or Clerk ___________________________

I hereby certify and return that I [ ] have personally served, [ ] have legal evidence of service, [ ] have executed as shown in "Remarks", the process described on the individual, company, corporation, etc, at the address shown above or on the individual, company, corporation, etc., shown 'at the address inserted below.

[ ] I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)

Name and title of individual served (if not shown above)

[ ] A person of suitable age and discretion then residing in the defendant's usual place of abode.

Address (complete only if different than shown above)

Date of Service

Signature of U.S. Marshal or Deputy

+-----------------------------------------------------------------------------+ ¦ ¦Total Mileage Charges ¦ ¦ ¦ ¦Amount ¦Amount¦ ¦Service¦ ¦Forwarding¦Total ¦Advance ¦owed to ¦of ¦ ¦Fee ¦(including endeavors) ¦Fee ¦Charges¦Deposits¦U.S. ¦Refund¦ ¦ ¦ ¦ ¦ ¦ ¦Marshal or¦ ¦ +-----------------------------------------------------------------------------+

REMARKS:

Waiver of Service of Summons

To: U.S. Marshal

I, acknowledge receipt of your request that I waive service of a summons in the action of Hunt, Raymond v, M. Ramirez, et al. which is case number 11-CV-00528 H (PCL) in the United States District Court for the Southern District of California. I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me.

I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that 1 (or the entity on whose behalf I am acting) be served with a judicial process in the manner provided by Rule 4.

I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of summons.

I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if an answer or motion under Rule 12 is not served upon you within 60 days after June 6, 2012, or within 90 days after that date if the request was sent outside the United States.

___________________________

Signature

Defendant hereby waives

personal service of this

complaint pursuant to rule

4(d) of the Federal Rules

of Civil Procedure

Printed/Typed Name: Suzanne Antley

as a Deputy Attorney General

of the Office of the Attorney General

Attorneys for E. Garcia, Defendant

Duty to Avoid Unnecessary Costs of Service of Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons and complaint. A Defendant located to the United States who, after being notified of an action and asked by a Plaintiff located in the United States to waive service of a summons, fails to do so will be required to bear the costs or such service unless good cause be shown for its failure to sign and return the waiver.

It is not good cause for a failure to waive service that a part)' believes that the complaint is unfounded, or that the action has been brought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A part)' who waives service of the summons retains ail defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought A Defendant who waives service must within the rime specified on the waiver form serve on the Plaintiffs attorney (or unrepresented Plaintiff) a response to the complaint and must also file a signed copy of the response with the court. If the answer or motion is not served within this time, a default judgment may be taken against that Defendant. By waiving service, a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received.

Request for Modifying the Conditions or Term of Supervision

(Probation Form 49, Waiver of Hearing is Attached)

Name of Offender: John David Garitta

Dkt No.: 02CR02291-001-H

Name of Sentencing Judicial Officer: The Honorable Marilyn I Huff, U.S. District Judge

Sentence: 48 months custody on each count, concurrent. Supervised release: Counts 1 to 5: 3 years; Count 6: 5 years. All counts to run concurrent for a total of 5 years. (Special Conditions: Refer to Judgment and Commitment Order.)

Date of Sentence: May 2, 2005

Date Supervised Release Commenced: May 12, 2008

Prior Violation History: None.

PETITIONING THE COURT

TO MODIFY THE CONDITIONS OF SUPERVISION AS FOLLOWS:

John Garitta to pay $300 per month toward restitution.

CAUSE

A recent financial investigation revealed Mr. Garitta has the ability to pay $300 a month toward his restitution. He is in agreement and has signed the attached Waiver of Hearing to Modify Conditions form. Therefore, it is recommended Your Honor approve the proposed modification.

Respectfully submitted:

by ___________________________

Ann Treis

U.S. Probation Officer

(760) 305-4656

Attachments:

Reviewed and approved:

___________________________

Janet M. Bergland

Supervising U.S. Probation Officer

THE COURT ORDERS:

× The Modification of Conditions as Noted Above ________ Other ___________________________

___________________________

The Honorable Marilyn L. Huff

U.S. District Judge

UNITED STATES OF AMERICA

v.

STEPHANIE RAMIREZ (1)

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)


Case Number. 11CR5897-H


Nathan Feneis, Federal Defenders, Inc.

Defendant's Attorney

REGISTRATION NO. 29788-298

[ ]

THE DEFENDANT:

[×] pleaded guilty to count(s) 1 of the Information.

[×] was found guilty on count(s) ___________________________ after a plea of not guilty.

Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):

+--------------------------------------------------------------+ ¦ ¦ ¦Count ¦ ¦Tide & Section ¦Nature of Offense ¦ ¦ ¦ ¦ ¦Number(s) ¦ +-------------------------+------------------------+-----------¦ ¦21 USC 952, 960; 18 USC 2¦IMPORTATION OF MARIJUANA¦1 ¦ +--------------------------------------------------------------+

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.

[ ] The defendant has been found not guilty on count(s) ___________________________

[ ] Count(s) ___________________________ is [ ] are [ ] dismissed on the motion of the United States.

[×] Assessment: $100.00.

[×] Fine waived [ ] Forfeiture pursuant to order filed ___________________________ , included herein.

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 muling 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.

APRIL 30, 2012

Date of Imposition of Sentence

___________________________

HON. MARILYN L. HUFF

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 2 MONTHS.

[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b).

[×] The court makes the following recommendations to the Bureau of Prisons:

The Court recommends placement in the Western Region.

[ ] 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 ___________________________ .
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 or on Friday June 15, 2012 by 12:00 p.m.
[ ] 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

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on Supervised release for a term of: 2 YEARS.

The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crane.

For offenses commuted on or after September 13, 1994:

The defendant shall not illegally possess 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 as determined by the court. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.

[ ] The above drug testing condition is suspended, based on the court's determination mat the defendant poses a low risk of future substance abuse. (Check, if applicable.)

[×]The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

[×] The defendant shall cooperate in the collection of a DNA sample from the defendant pursuant to section 3 of the DNA Analysis

[ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable,

If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.

The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer,

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 dependents 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 at least ten days prior to any change in residence or employment;

7) 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 substances, except as prescribed by a physician;

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 of 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; and

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

[×] Submit person, residence, office or vehicle to a search, 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 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.

[ ] If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation officer within 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure.

[ ] Not transport, harbor, or assist undocumented aliens.

[ ] Not associate with undocumented aliens or alien smugglers.

[ ] Not reenter the United States illegally.

[×] Not enter or reside in the Republic of Mexico without written permission of the Court or probation officer.

[×] Report all vehicles owned or operated, or in which you have an Interest, to the probation officer.

[ ] Not possess any narcotic drag or controlled substance without a lawful medical prescription.

[ ] Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any form.

[ ] Participate in a program of mental health treatment as directed by the probation officer. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. May be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

[ ] Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation officer, if directed.

[ ] Provide complete disclosure of personal and business financial records to the probation officer as requested.

[ ] Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer.

[ ] Seek and maintain full time employment and/or schooling or a combination of both.

[ ] Resolve all outstanding warrants within days.

[ ] Complete hours of community service in a program approved by the probation officer within

[×] Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of 60 days.

[ ] Participate in a program of drug or alcohol abuse treatment, including urinalysis or sweat patch testing and counseling, as directed by the probation officer. Allow for reciprocal release of information between the probation officer and die treatment provider. May be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

UNITED STATES OF AMERICA

v.

JAVIER ALBERTO MARTINEZ (1)

JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

(For Offenses Committed On or After November 1,1987)


Case Number: 08 CR3471-H


Steven Andrew Brody, Federal Defenders, Inc.

Defendant's Attorney

REGISTRATION No. 11269-298

[ ]

THE DEFENDANT:

[×] admitted guilt to violation of allegation No. 1 and 2

[ ] was found in violation of allegation No _____________________ after a plea of not guilty.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following allegation(s);

+-----------------------------------------------------------------------------+ ¦Allegation ¦Nature of Violation ¦ ¦Number ¦ ¦ +---------------+-------------------------------------------------------------¦ ¦1 ¦Unlawful use of controlled substance (nv3) ¦ +---------------+-------------------------------------------------------------¦ ¦2 ¦Unlawful use of a controlled substance, Violent Crime Control¦ ¦ ¦Act (nv3a) ¦ +-----------------------------------------------------------------------------+

Supervised Release is revoked and the defendant is sentenced as provided in pages 2 through 2 of this judgment This sentence is imposed pursuant to the Sentencing Reform Act of 1984.

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 restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.

JUNE 4, 2012

Date of Imposition of Sentence

________________

HON. MARILYN L. HUFF

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 3 MONTHS.

[ ] 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 ___________
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 _____________________
[ ] 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

Request for Modifying the Conditions or Term of Supervision

Name of Offender: Jennifer Renee Russell (English)

Dkt No.: 10CR02949-001-H

Name of Sentencing Judicial Officer: The Honorable Marilyn L. Huff, U.S. District Judge

Sentence: 27 months custody; 3 years supervised release (Special Conditions: Refer to Judgment and Commitment Order.)

Date of Sentence: March 14, 2011

March 12, 2012: Conditions modified to include RRC placement up to 180 days

Date Supervised Release Commenced: June 8, 2012

Prior Violation History: None.

PETITIONING THE COURT

TO MODIFY THE CONDITIONS OF SUPERVISION AS FOLLOWS:

(Special Condition)

The offender shall reside in an emergency housing facility designated by the probation officer for a period of 4 months, or until the probation officer approves an alternative residence or until placement at the RRC is available.

CAUSE

Ms. Russell is without resources and is without support from friends or family. Anticipating her release, her conditions were modified in March 2012 to include an RRC placement to help her transition into the community. A referral to the RRC was made in March; however, when she was released on June 8,2012, there was not an opening for her due to a long wait list at the RRC.

The undersigned has provided Ms. Russell temporary housing at the Hotel Heritage in San Diego, via Second Chance Act funds. Once an opening at the RRC is available for her, she will leave the hotel and begin residing at the RRC until she can obtain her own home or make other arrangements.

Respectfully submitted

by _________

John F. Pick

U.S.Probation Officer

(619)409-5108

Reviewed and approved;

_________

Mary M. Murphy

Supervising U.S. Probation Officer

Attachments:

THE COURT ORDERS:

X The Modification of Conditions as Noted Above

_________ Other _________________________

_________________

The Honorable Marilyn L. Huff

U.S. District Judge

UNITED STATES OF AMERICA, Plaintiff,

V.

EDUARDO VELAZCO-ESCAMILLA, Defendant.

Criminal No. 12cr0131-H


CONSENT TO RULE 11 PLEA IN A FELONY CASE BEFORE UNITED STATES MAGISTRATE JUDGE

I have been advised by my attorney and by the United States Magistrate Judge of my right to enter my plea in this case before a United States District Judge. I hereby declare my intention to enter a plea of guilty in the above case, and I request and consent to have my plea taken by a United States Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure.

I understand that if my plea of guilty is taken by the United States Magistrate Judge, and the Magistrate Judge recommends that the plea be accepted, the assigned United States District Judge will then decide whether to accept or reject any plea agreement I may have with the United States and will adjudicate guilt and impose sentence.

I further understand that any objections to the Magistrate Judge's findings and recommendation must be filed within 14 days of the entry of my guilty plea.

_________

Defendant

_________________

Attorney for Defendant

The United States Attorney consents to have the plea in this case taken by a United States Magistrate Judge pursuant to Criminal Local Rule 11.1.

__________________

Assistant United States Attorney


Summaries of

United States v. Araiza-Ortega

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Jun 18, 2012
Case Number: 12CR0487-BEN (S.D. Cal. Jun. 18, 2012)
Case details for

United States v. Araiza-Ortega

Case Details

Full title:UNITED STATES OF AMERICA v. MICHAEL ARAIZA-ORTEGA (2)

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Jun 18, 2012

Citations

Case Number: 12CR0487-BEN (S.D. Cal. Jun. 18, 2012)