Opinion
Criminal Number: 1:06CR00263-001
07-19-2012
UNITED STATES OF AMERICA v. HERMILO MOJICA (Defendant's Name)
Jeremy S. Kroger Defendant's Attorney
AMENDED JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
(For Offenses committed on or after November 1, 1987)
Jeremy S. Kroger
Defendant's Attorney
Reason for Amendment:
[√] Correction of Sentence for Clerical Mistake (Fed. R. Crim P. 36)- * Amended July 13, 2012
THE DEFENDANT:
[√] admitted guilt to violation of charge(s) ONE as alleged in the violation petition filed on April 20, 2012.
[ ] was found in violation of condition(s) of supervision as to charge(s) ____________ after denial of guilt, as alleged in the violation petition filed on _.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following violation(s):
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Date Violation Occurred ¦ +------------------+--------------------------------+-------------------------¦ ¦ ¦FAILURE TO RESIDE AND ¦ ¦ ¦Charge 1 ¦PARTICIPATE AT THE FRESNO RESCUE¦04/16/2012 ¦ ¦ ¦MISSION ACADEMY ¦ ¦ +-----------------------------------------------------------------------------+
The court: [ ] reinstates: [ ] revokes: [√] modifies*: [√] continues under same conditions of* supervision heretofore ordered on January 20, 2012 . (Amended July 13, 2012)
The defendant is sentenced as provided in pages 2 through 3 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[ ] Charge(s) ____________ is/are dismissed.
[√] Appeal rights given [ ] Appeal rights waived
[√] Any previously imposed criminal monetary penalties that remain unpaid shall remain in effect.
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.
05/21/2012
Date of Imposition of Sentence
LAWRENCE J. O'NEILL
Signature of Judicial Officer
LAWRENCE J. O'NEILL , United States District Judge
Name & Title of Judicial Officer
SUPERVISED RELEASE
The defendant's term of supervised release ordered on January 20, 2012 is CONTINUED AND MODIFIED for a term of 18 months* . (Amended July 13, 2012)
The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.
The defendant shall not commit another federal, state, or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed four (4) drug tests per month.
[ ] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)
[√] The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.)
[√] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)
[ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.), as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check, if applicable.)
[ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without permission of the court or probation officer;
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;
3) the defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer;
4) the defendant shall support his or her dependants and meet other family responsibilities;
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons;
6) the defendant shall notify the probation officer ten days prior to any change in residence or employment;
7) the defendant shall refrain from excessive use of alcohol;
8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9) the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer;
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;
13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall submit to the search of his person, property, home, and vehicle by a United States probation officer, or any other authorized person under the immediate and personal supervision of the probation officer, based upon reasonable suspicion, without a search warrant. 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.
2. The defendant shall provide the probation officer with access to any requested financial information.
3. As directed by the probation officer, the defendant shall participate in an outpatient correctional treatment program to obtain assistance for drug or alcohol abuse.
4. As directed by the probation officer, the defendant shall participate in a program of testing (i.e. breath, urine, sweat patch, etc.) to determine if he has reverted to the use of drugs or alcohol.
5. The defendant shall not possess or have access to any paging device or cellular phone without the advance permission of the probation officer. The defendant shall provide all billing records for such devices, whether used for business or personal, to the probation officer upon request.
6. The defendant shall abstain from the use of alcoholic beverages and shall not frequent those places where alcohol is the chief item of sale.
7. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.
8. The defendant shall complete 20 hours of unpaid community service per week until employed for at least 30 hours per week or participating in a previously approved educational or vocational program.
9. The defendant shall participate in a cognitive behavioral treatment program as directed by the probation officer.
10. As directed by the probation officer, the defendant shall participate in a program of outpatient mental health treatment.
11. As directed by the probation officer, the defendant shall successfully complete a minimum 90 day residential drug treatment program.
12. The defendant shall reside in and participate in the Fresno Rescue Mission Academy for a period of 18 months; said placement shall commence as directed by the probation officer pursuant to 18 USC 3563(b) (11). The defendant shall pay the cost of confinement as determined by the probation officer.