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U.S. v. ALVAREZ-FERNANDEZ

United States District Court, N.D. California


January 12, 2004.

UNITED STATES OF AMERICA
v.
MARTIN ALVAREZ-FERNANDEZ

The opinion of the court was delivered by: JEFFREY WHITE, District Judge

JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
THE DEFENDANT:
[x] pleaded guilty to count(s): 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.

  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. § 1326 Illegal Re-Entry by an Alien 8-23-02 1

  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) ___ (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.

  Defendant's Soc. Sec. No.: XXX-XX-XXXX

  Defendant's Date of Birth: 7-31-63

  Defendant's USM No.: 93193-011

 

January 8, 2004 ________________________ Date of Imposition of Judgment
_______________________________________ Signature of Judicial Officer
Honorable Jeffrey S. White, U.S. District Judge ____________________________________________________ Name & Title of Judicial Officer
  January 12, 2004 ___________________________ Date Page 2

  IMPRISONMENT

  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.

  [ ] 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 Services Officer.
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 Page 3

  SUPERVISED RELEASE

 Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years.

  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 weapon.

  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

  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: $100[fn**] $ waived $

 [fn**] Due Immediately

 [fn*] 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, but before April 23, 1996.

20040112

© 1992-2004 VersusLaw Inc.



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