Opinion
Case Number: 2:11MJ00242-01
08-10-2011
UNITED STATES OF AMERICA v. JOSE GUADALUPE BALMACEDA-AVILA
Dina Santos Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
Dina Santos
Defendant's Attorney
THE DEFENDANT:
[√ ] pleaded guilty to count(s): 1 of the Complaint . [] 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 ¦ +-----------------+-----------------------------------+--------------+--------¦ ¦ ¦Alien Eluding Examination and ¦ ¦ ¦ ¦ ¦Inspection by ¦ ¦ ¦ ¦8 USC § 1325(a) ¦ ¦7/27/2011 ¦1 ¦ ¦(2) ¦Immigration Officer(s) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(Class B Misdemeanor) ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 2 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). [] Counts ______ (is)(are) dismissed by the District Court upon 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.
August 9, 2011
Date of Imposition of Judgment
_____________________
Signature of Judicial Officer
KENDALL J. NEWMAN , United States District Judge
Name & Title of Judicial Officer
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 . [] 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 __ 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 __ on ___ .
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Officer.
If no such institution has been designated, to the United States Marshal for this district.
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