United States District Court, Northern District of California
August 15, 2003
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Martin Jenkins, District Judge
AMENDED JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
[x] pleaded guilty to count(s): 1 & 2 of
[ ] pleaded nolo contendere to count(s) which was
accepted by the court.
[ ] was found guilty on count(s) after a plea of
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Offense Count
Title & Section Nature of Offense Concluded Number(s)
8 U.S.C. § 1325 Improper Entry by an Alien September 9, 2002 1 & 2
The defendant is sentenced as provided in pages 2 through 9 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 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. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.
Alien No.: A70458327
Defendant's Date of Birth: 8/15/1966
Defendant's USM No.: 92908-011
Defendant's Residence Address:
In Federal Custody
Defendant's Mailing Address:
In Federal Custody Date
[ Page 2]
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 30 months.
Count one: 6 months Count two: 24 months (to run consecutive)
[ ] 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 defendant shall surrender to the United
States Marshal for this district.
[ ] at ___ 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 ___ on ___.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial
I have executed this judgment as follows: [ Page 3]
Upon release from imprisonment, the defendant shall be on supervised release for a term of 1 year.
While on Supervised Release you shall not commit another federal, state or local crime and shall not illegally possess a controlled substance. Revocation of supervised release is mandatory for possession of a controlled substance.
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.
[ ] 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
Revocation of supervised release in mandatory for refusal to comply with drug testing imposed as a condition of supervision. 18 U.S.C. § 3565(b)(3) and 3583(g)(3)
You shall pay the assessment imposed in accordance with 18 U.S.C. § 3013, and shall immediately notify the probation officer of any change in your economic circumstances that might affect your ability to pay a special assessment, fine, restitution, or co-payments ordered by the Court.
If the judgment imposed a fine or a restitution obligation, it shall be a condition of supervision that you pay any such fine or restitution that remains unpaid at the commencement of the term of supervision in accordance with any Schedule of Payments set forth in the Criminal Monetary Penalties sheet of the judgment. In any case, the defendant shall cooperate with the probation officer in meeting any financial obligations [ Page 4]
STANDARD CONDITIONS OF SUPERVISION
It is the order of the Court that the defendant shall comply with the following standard conditions:
1) The defendant shall not leave the judicial
district or other specified geographical area
without permission of the Court or the probation
2) The defendant shall report to the probation
officer as directed by the Court or the probation
officer, and shall submit a truthful and complete
written report within the first five days of each
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 dependants
and meet other family responsibilities, including
but not limited to, compliance with the terms of
any court order or administrative process
pursuant to the laws of a state, the District of
Columbia, or any other possession or territory of
the United States, requiring payments by the
defendant for the support and maintenance of any
child or of a child and the parent with whom the
child is living;
5) The defendant shall work regularly at a lawful
occupation unless excused by the probation
officer for schooling, training, or other
6) The defendant shall notify the probation
officer at least ten (10) days prior to any
change in residence or employment;
7) The defendant shall consume no alcohol if
sentenced to the special condition that the
defendant is to participate in a drug/alcohol
8) 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 substance, except as prescribed by a
9) The defendant shall not frequent places where
controlled substances are illegally sold,
used, distributed, or administered;
10) 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;
11) The defendant shall permit a probation officer to
visit the defendant at any time at home or
elsewhere, and shall permit confiscation of any
contraband observed in plain view by the
12) The defendant shall-notify the probation officer
within seventy-two (72) hours of being arrested
or questioned by a law enforcement officer;
13) 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
14) The defendant shall notify third parties of
risks related to the defendant's criminal
record, personal history, or characteristics,
and shall permit the probation officer to
make such notifications and/or confirm the
defendant compliance with this notification
[ Page 5]
SPECIAL CONDITIONS OF SUPERVISION
1) Upon release from imprisonment, the defendant
shall be placed on supervised release for a
term of 1 year. Within 12 hours of release from
custody, the defendant shall report in person
to the probation office in the district in
which the defendant is released, unless he
has been deported. While on supervised release,
the defendant shall not commit another federal
state, or local crime, shall comply with the
standard conditions that have been adopted by the
court, and shall comply with the following
The defendant shall comply with the rules and
regulations of the Immigration and Naturalization
Service and, if deported, not reenter the United
States without the express consent of the United
States Attorney General. Upon reentry into the
United States, whether legally or illegally, during
the period of court ordered supervision, the
defendant shall report to the nearest U.S.
Probation Office within 72 hours.
[ Page 6]
CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments directly following the Monetary Penalties section.
Assessment Fine Restitution Totals: $110.00 $$
[ ] 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 amounts 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 in full prior to the United States receiving payment.
Total*fn* Amount of Priority Order or
Name of Payee Amount of Restitution Percentage of
Loss Ordered Payment
Totals: $___ $___
[ ] If applicable, restitution amount ordered
pursuant to plea agreement $___
[ ] The defendant shall pay interest on any fine or
restitution of more than $2,500, unless the fine
or restitution 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 5, Part B may be subject
to penalties for delinquency and default, pursuant
to 18 U.S.C. § 3612(g).
Findings for the 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, before April 23, 1996. [ Page 7]
[ ] 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 and/or [ ] restitution.
[ ] the interest requirement for the [ ] fine and/or [ ] restitution is modified as