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United States v. Mercado-Cuen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Feb 26, 2013
Case Number: 11CR5687-AJB-02 (S.D. Cal. Feb. 26, 2013)

Opinion

Case Number: 11CR5687-AJB-02

02-26-2013

UNITED STATES OF AMERICA v. ENRIQUE MERCADO-CUEN (02)

Robert A. Garcia Defendant's Attorney


JUDGMENT IN A CRIMINAL CASE

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

Robert A. Garcia

Defendant's Attorney
REGISTRATION NO. 28582298 [ ] THE DEFENDANT: [×] pleaded guilty to count(s) One and Two 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) ¦ +------------------+----------------------------------------------+-----------¦ ¦21 USC 846, 841(a)¦Conspiracy to Distribute Methamphetamine ¦1 ¦ ¦(1) ¦ ¦ ¦ +------------------+----------------------------------------------+-----------¦ ¦21 USC 841(a)(1) ¦Possession of Methamphetamine with Intent to ¦2 ¦ ¦ ¦Distribute ¦ ¦ +-----------------------------------------------------------------------------+

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: $200.00 ($100.00 per count) [×] Fine waived -As to each count [ ] 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 defendanf s economic circumstances.

February 22, 2013

Date of Imposition of Sentence

_______________

HON. ANTHONY J. BATTAGLIA

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

ONE HUNDRED AND EIGHTY-EIGHT (188) MONTHS - Count 1

ONE HUNDRED AND EIGHTY-EIGHT (188) MONTHS - Count 2, to ran concurrent with Count 1.
[ ] Sentence imposed pursuant to Title 8 USC Section 1326(b). [×] The court makes the following recommendations to the Bureau of Prisons:

The court recommends that custody be served in the Western Region, State of California. [ ] 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

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 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. 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 [ ] 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. 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.


Summaries of

United States v. Mercado-Cuen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Feb 26, 2013
Case Number: 11CR5687-AJB-02 (S.D. Cal. Feb. 26, 2013)
Case details for

United States v. Mercado-Cuen

Case Details

Full title:UNITED STATES OF AMERICA v. ENRIQUE MERCADO-CUEN (02)

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Feb 26, 2013

Citations

Case Number: 11CR5687-AJB-02 (S.D. Cal. Feb. 26, 2013)