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U.S. v. BARRAGAN

United States District Court, N.D. California


July 15, 2004.

U.S.
v.
JUAN CARLOS BARRAGAN.

The opinion of the court was delivered by: PHYLLIS HAMILTON, District Judge

JUDGMENT IN A CRIMINAL CASE

THE DEFENDANT:

[x] pleaded guilty to count(s): one and two of the Superseding Information.

  [] 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 defendant is adjudicated guilty of the following offense(s):

  Date Offense Count Title & Section Nature of Offense Concluded Number(s)

 8 U.S.C. ยง 1325 Improper Entry by an Alien One and Two

  The defendant is sentenced as provided in pages 2 through 7 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) ____.

  [x] Count(s) Underlying Information is 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. 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. 6 months as to count 1; 24 months as to count 2. Counts 1 and 2 are to be served consecutively.

  [x] The Court makes the following recommendations to the Bureau of Prisons: Defendant be placed at a local facility, so that his family may visit him.

  [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 __ [] am [] pm 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 2:00 pm on __.
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 Defendant delivered on_________________________ to ___________________ at ___________________________, with a certified copy of this judgment. SUPERVISED RELEASE

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

  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. 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, as determined by the court.

  [] 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 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 restitution, 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 in this judgment.

  STANDARD CONDITIONS

  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, 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 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 at least 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 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 SUPERVISION

  1) Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year. Within 72 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 special condition(s):

The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement and, if deported, not reenter the United States without the express consent of the Secretary of the Department of Homeland Security. Upon reentry into the United States during the period of court ordered supervision, the defendant shall report to the nearest U.S. Probation Office within 72 hours. 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 $110.00 Special Assessment due immediately.

  [] not later than ____, or

 

[] in accordance with () C, () D, () E or () F 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 year(s)), 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 year(s)), 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 comence within (e.g, 30 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:

  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

 Defendant and co-defendant Case Numbers Total Amount Joint and Several Correspending Names (including Amount Payee (if defendant number) appropriate)

  [] 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:

20040715

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