Opinion
Case Number: 08-cr-00267-WYD-01 USM Number: 35526-013
02-29-2012
UNITED STATES OF AMERICA v. NICHOLAS KYLE HERRERA
Virginia Grady, AFPD (Defendant's Attorney)
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Supervised Release)
Virginia Grady, AFPD
(Defendant's Attorney)
THE DEFENDANT: Admitted guilt to violations 1 through 4, as alleged in the probation officer's petition.
The defendant is adjudicated guilty of these violations:
+----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Ended ¦ +------------------+---------------------------------------+-----------------¦ ¦1 ¦Leaving the District Without Permission¦09/20/11 ¦ ¦ ¦ ¦ ¦ ¦2 ¦Use of a Controlled Substance ¦08/28/11 ¦ +----------------------------------------------------------------------------+
The defendant is sentenced as provided in page 3 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
It is ordered that the 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 must notify the court and United States Attorney of material changes in economic circumstances.
It is further ordered that the Addendum to this judgment, which contains the defendant's social security number, residence address and mailing address, shall be withheld from the court file and retained by the United States Probation Department.
January 30, 2012
Date of Imposition of Judgment
Wiley Y. Daniel
Signature of Judge
Wiley Y. Daniel, Chief U.S. District Judge
Name & Title of Judge
ADDITIONAL VIOLATIONS
+-----------------------------------------------------------------------------+ ¦Violation ¦Nature of Violation ¦Violation ¦ ¦Number ¦ ¦Ended ¦ +----------+-------------------------------------------------------+----------¦ ¦3 ¦Failure to Participate in Drug Treatment as Directed by¦08/16/11 ¦ ¦ ¦the Probation Officer ¦ ¦ +----------+-------------------------------------------------------+----------¦ ¦4 ¦Failure to Participate in Drug/Alcohol Testing as ¦09/29/11 ¦ ¦ ¦Directed by the PRobation 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 nine (9) months.
The court recommends that the Bureau of Prisons credit the defendant for ninety-eight (98) days time spent in custody.
The defendant is remanded to the custody of the United States Marshal.
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