Opinion
2:24-cr-64-SPC-KCD USM 03614-104
09-11-2024
UNITED STATES OF AMERICA v. WUALTER AVILES-GAMA a/k/a Walter Aviles-Gama
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
JUDGMENT IN A CRIMINAL CASE
Defendant pleaded guilty to Count One of the Indictment. Defendant is adjudicated guilty of this offense:
Title & Section
Nature of Offense
Date Offense Concluded
Count Number(s)
8 U.S.C. § 1326(a), 8 U.S.C. § 1326(b)(1)
Illegal Reentry of a Deported Alien After Felony Conviction
October 26, 2022
One
Defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
IT IS ORDERED that 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 shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
Date of Imposition of Judgment:
September 9, 2024
IMPRISONMENT
Defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 18 months.
The Court makes the following recommendations to the Bureau of Prisons:
Incarceration in a facility close to Fort Myers, FL.
Defendant is remanded to the custody of the United States Marshal.
RETURN
I have executed this judgment as follows:
____
SUPERVISED RELEASE NOT IMPOSED
ADDITIONAL CONDITIONS
1. Defendant shall cooperate in the collection of DNA, as directed by the Probation Officer.
CRIMINAL MONETARY PENALTIES
Defendant shall pay the following total criminal monetary penalties under the schedule of payments set forth in the Schedule of Payments.
Assessment
Fine
Restitution
TOTALS
$100.00
$0.00
$0.00
WAIVED
$0.00
Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
SCHEDULE OF PAYMENTS
Special assessment shall be paid in full and is due immediately.
Having assessed Defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
Unless the court has expressly ordered otherwise in the special instructions 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.
Defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court costs.