Opinion
USDC Case Number: CR-11-00750-001 RMW BOP Case Number: DCAN511CR000750-001
10-19-2011
UNITED STATES OF AMERICA v. SARA MORALES-FLORES
Defendant's Attorney : Cynthia Lie, AFPD
JUDGMENT IN A CRIMINAL CASE
USM Number: N/A
Defendant's Attorney : Cynthia Lie, AFPD
THE DEFENDANT:
[x] pleaded guilty to Count: One (1) of the Indictment.
[ ] pleaded nolo contendere to count(s) ___ which was accepted by the court.
[ ] was found guilty on count(s) ___after a plea of not guilty.
The defendant is adjudicated guilty of these offense:
+--------------------------------------------------------------------------+ ¦ ¦ ¦Offense ¦ ¦ ¦ Title & Section ¦ Nature of Offense ¦ ¦ Count ¦ ¦ ¦ ¦ Ended ¦ ¦ +-----------------+--------------------------------------+---------+-------¦ ¦8 U.S.C. § 13.26 ¦Illegal Re-Entry Following Deportation¦09-27-11 ¦1 ¦ +--------------------------------------------------------------------------+
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.
[ ] The defendant has been found not guilty on count(s) ___.
[ ] Count(s) ___ (is)(are) dismissed on the motion of the United States.
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 any material changes in economic circumstances.
October 17, 2011
Date of Imposition of Judgment
____________
Signature of Judicial Officer
Honorable Ronald M. Whyte , U. S. 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 WITH NO SUPERVISED RELEASE TO FOLLOW .
[ ] The Court makes the following recommendations to the Bureau of Prisons:
[x] The defendant is remanded to the custody of the United States Marshal. The appearance bond is hereby exonerated.
[ ] The defendant shall surrender to the United States Marshal for this district.
[ ] at ___ [] am [] pm on ___.
[ ] as notified by the United States Marshal.
The appearance bond shall be deemed exonerated upon the surrender of the defendant.
[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] before 2:00 pm on ___.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Office.
The appearance bond shall be deemed exonerated upon the surrender of the defendant.
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
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
+-----------------------------------------+ ¦ ¦Assessment ¦Fine ¦Restitution ¦ +-------+------------+------+-------------¦ ¦Totals:¦$ 100.00 ¦$ ¦$ ¦ +-----------------------------------------+
[ ] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[ ] The defendant shall make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.
+----------------------------------------------------------------------------+ ¦Name of Payee ¦Total Loss ¦Restitution Ordered ¦Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦Totals: ¦$ ___ ¦$ ___ ¦ ¦ +----------------------------------------------------------------------------+
Findings for die total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994. but before April 23, 1996.
[ ] Restitution amount ordered pursuant to plea agreement $ ___
[ ] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6, may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[ ] The court determined that the defendant does not have the ability to pay interest, and it is ordered that:
[ ] the interest requirement is waived for the [ ] fine [ ] restitution.
[ ] the interest requirement for the [ ] fine [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A [x] Lump sum payment of $100.00 due immediately, balance due
[ ] not later than ___, or
[ ] in accordance with () C, () D, () E, () F () G or () H below; or
B [ ] Payment to begin immediately (may be combined with () C, () D, or () F below); or
C [] Payment in equal (e.g. weekly, monthly, quarterly) installments of $_ over a period of ___ (e.g., months or years), to commence _ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in equal (e.g. weekly, monthly, quarterly) installments of $ _ over a period of _ (e.g., months or years), to commence _ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [ ] Payment during the term of supervised release will commence within (e,g, 3 0 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F [ ] Special instructions regarding the payment of criminal monetary penalties:
G. [ ] In Custody special instructions:
Payment of criminal monetary penalties is due during imprisonment at the rate of not less than $25.00 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102
H. [ ] Out of Custody special instructions:
It is further ordered that the defendant shall pay to the United States a special assessment of $ and a fine of $ which shall be due immediately. If incarcerated, payment of criminal monetary payment is due during imprisonment and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[ ] Joint and Several
+-----------------------------------------------------------------------------+ ¦ ¦Case Numbers ¦ ¦ ¦Corresponding¦ ¦Defendant and ¦ ¦ ¦Joint and ¦ ¦ ¦co- ¦(including ¦Total Amount¦Several ¦Payee (if ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦defendant Names ¦defendant ¦ ¦Amount ¦appropriate) ¦ ¦ ¦number) ¦ ¦ ¦ ¦ +----------------+----------------+------------+----------------+-------------¦ +-----------------------------------------------------------------------------+
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's interest in the following property to the United States: