Opinion
CASE NUMBER: 12-PO-00114-DLW
08-10-2012
UNITED STATES OF AMERICA v. GERALD E. GARCIA
PRO SE (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For a Petty Offense)
PRO SE
(Defendant's Attorney)
THE DEFENDANT: Was found guilty on count One of the Information after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense:
+--------------------------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Date Offense Concluded ¦Count Number(s) ¦ +-----------------+-------------------+------------------------+-----------------¦ ¦43 USC 315, 315 ¦Allowing Livestock/¦ ¦ ¦ ¦(a) and 43 CFR ¦Other Animals to ¦05/05/11 thru 06/22/11 ¦One ¦ ¦4140.1(b)(1)(i) ¦Graze on BLM Lands ¦ ¦ ¦ ¦and 9264.1(a) ¦ ¦ ¦ ¦ +--------------------------------------------------------------------------------+
The 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 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.
08/09/12
Dale of Imposition of Judgment
David L. West
Signature of Judicial Officer
David L. West, U.S. Magistrate Judge
Name & Title of Judicial Officer
UNSUPERVISED PROBATION
The defendant is hereby placed on unsupervised probation for a term of One Year.
If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Monetary Obligations sheet of this judgment.
SPECIAL CONDITIONS OF UNSUPERVISED PROBATION
1) Defendant cannot violate any BLM Rules or Regulations during term of probation and more specifically any future violation of the charges he was found guilty on in this case.
MONETARY OBLIGATIONS
The defendant shall pay the following monetary obligations in accordance with the schedule of payments set forth below.
+-------------------------------------------------+ ¦Count ¦Assessment ¦CVB ¦Fine ¦Restitution ¦ +--------+------------+-----+-------+-------------¦ ¦One ¦$10.00 ¦0 ¦$500.00¦$0.00 ¦ +--------+------------+-----+-------+-------------¦ ¦TOTALS ¦$10.00 ¦$0.00¦$500.00¦$0.00 ¦ +-------------------------------------------------+
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total monetary obligations shall be due as follows;
To be paid in full by September 1, 2012.
Payments shall be applied in the following order: (1) special assessment, (2) fine principal, (3) fine interest