U.S. v. MOYA

Full title: UNITED STATES OF AMERICA v. Robert Moya

Court: United States District Court, D. New Mexico

Date published: Jun 14, 2010

Case Number: 1:10CR00929-001JB, USM Number: 95581-180 (D.N.M. Jun. 14, 2010)

Opinion

Case Number: 1:10CR00929-001JB, USM Number: 95581-180.

June 14, 2010

Defense Attorney: Susan Dunleavy, Appointed

Judgment in a Criminal Case (For Revocation of Probation or Supervised Release)

JAMES BROWNING, District Judge

THE DEFENDANT:

SC, Special

[x] admitted guilt to violations of condition(s) of the term of supervision. [ ] was found in violation of condition(s) after denial of guilt. The defendant is adjudicated guilty of these violations: Violation Nature of Violation Violation Ended Number 1 SC — The defendant failed to notify the probation officer at least ten days 02/23/2010 prior to change in residence or employment. The defendant is sentenced as provided in pages 1 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has not violated condition(s) and is discharged as to such violation(s). IT IS FURTHER 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. June 10, 2010 04/15/1965 /s/ James O. Browning Honorable James O. Browning 408 Prospect NW #A United States District Judge Albuquerque NM 87102 June 14, 2010 Bernalillo _________________________________________ ___________________________ Defendant's Soc. Sec. No. Date of Imposition of Judgment ______________________________ ___________________ Defendant's Date of Birth Signature of Judge _____________ _________________________________________ Defendant's Residence Address Name and Title of Judge _________________________________________ ___________________________ Defendant's Mailing Address Date Signed ________________________________ County of Residence

ADDITIONAL VIOLATIONS

Violation Nature of Violation Violation Ended Number 2 SC — The defendant failed to refrain from the excessive use of alcohol and 04/02/2010 failed to not purchase, possess, use, distribute or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician. 3 Special — The defendant failed to submit to an evaluation for substance abuse 04/06/2010 or dependency treatment as directed by the probation officer and also failed to participate in treatment, for narcotic addiction and drug or alcohol dependency which may include testing, and examination to determine if the defendant has reverted to the use of drugs or alcohol. 4 Special — The defendant failed to participate in a mental health program 03/22/2010 approved by the probation officer. The defendant may also be required to pay a portion of the cost of services rendered in an amount determined by the probation officer.

IMPRISONMENT

The defendant is committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 2 days or time served, whichever is less. Although advisory, the Court has considered the Guidelines and, in arriving at its sentence, has taken account of the Guidelines with other sentencing goals. Specifically, the Court has considered the Guidelines' sentencing range established for the applicable category of offense committed by the applicable category of Defendant. The Court believes that the Guidelines' punishment is appropriate for this sort of offense. Therefore, the sentence in this judgment is consistent with a guideline sentence. The Court has considered the kind of sentence and range established by the Guidelines. The Court believes that a sentence of 2 days reflects the seriousness of the offense, promotes respect for the law, provides just punishment, affords adequate deterrence, protects the public and effectively provides the Defendant with needed education or vocational training and medical care, and otherwise fully reflects each of the factors embodied in 18 U.S.C. Section 3553(a). The Court also believes the sentence is reasonable. The Court believes the sentence is sufficient, but not greater than necessary, to comply with the purposes set forth in the Sentencing Reform Act. [ ] The court makes these recommendations to the Bureau of Prisons: [ ] The defendant is remanded to the custody of the United States Marshal. [ ] The defendant must surrender to the United States Marshal for this district: [ ] at on [ ] as notified by the United States Marshal. [ ] The defendant must surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before 2 p.m. on [ ] as notified by the United States Marshal [ ] as notified by the Probation or Pretrial Service Office.

RETURN

I have executed this judgment by:

Defendant delivered on ____________________________________________________ to _______________________________________ at ___________________ with a Certified copy of this judgment.

_________________________________________ UNITED STATES MARSHAL _________________________________________ Deputy United States Marshal

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 7 years and 6 months.

The defendant shall 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 illegally possess a controlled substance.

For offenses committed on or after September 13, 1994:

The defendant shall refrain from any unlawful use of a 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, as directed by the probation officer.

[ ] The above drug testing condition is suspended based on the courts determination that the defendant possesses a low risk of future substance abuse. (Check, if applicable.) [x] The defendant shall not possess a firearm, ammunition, destructive device, or any dangerous weapon. (Check, if applicable). [x] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable). [ ] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (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 shall be a condition of probation that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment.

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant shall also comply with the additional conditions on the attached page (if indicated below).

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall obtain and maintain full time, legitimate employment, or attend a vocational or academic training program throughout the term of supervised release as directed by the probation officer; 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 and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; 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 of 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 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

The defendant must submit to a search of his person, property, or automobile under his control to be conducted in a reasonable manner and at a reasonable time, for the purpose of detecting illegal narcotics and related paraphernalia at the direction of the probation officer. He must inform any residents that the premises may be subject to a search.

The previously imposed conditions will remain unchanged.

The Defendant shall reside at the La Pasada Halfway House for up to 3 months. Housing at La Pasada Halfway House will be paid by Transitional Housing funds under the Second Chance Act. The Defendant shall follow all rules and regulations of the halfway house.