United States District Court, S.D. California
September 15, 2005.
UNITED STATES OF AMERICA
ROGER OMAR ARIAS-GARCIA (01).
The opinion of the court was delivered by: THOMAS WHELAN, District Judge
JUDGMENT IN A CRIMINAL CASE
REGISTRATION NO. 05259359
X pleaded guilty to count(s) one and two of the information
Accordingly, the defendant is adjudged guilty of such count(s),
which involve the following offenses:
Title & Section Nature of Offense Number(s)
8 USC 1325 Illegal Entry (misdemeanor) 1
8 USC 1325 Illegal Entry (felony) 2
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.
X Assessment: $110.00, ordered waived.
X Fine ordered waived.
IT IS 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. IMPRISONMENT
The defendant is hereby committed to the custody of the United
States Bureau of Prisons to be imprisoned for a term of 6 months
on count 1, 24 months on count 2. Counts to run consecutively.
? The court makes the following recommendations to the Bureau of Prisons:
? The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this
by 12:00 noon ? a.m. ? p.m. 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 p.m. on _____________________.
? as notified by the United States Marshal.
? as notified by the Probation or Pretrial Services Office.
I have executed this judgment as follows:
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 1 year on count two.
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
The defendant shall not illegally possess a controlled
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.
? The above drug testing condition is suspended, based on the
court's determination that the defendant poses a low risk of
future substance abuse.
The defendant shall not possess a firearm, destructive device,
or any other dangerous weapon.
If this judgment imposes a fine or a restitution obligation, it
shall be a condition of supervised release 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 this judgment.
The defendant shall comply with the standard conditions that
have been adopted by this court. The defendant shall also comply
with any special conditions imposed.
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
4) the defendant shall support his or her dependents 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
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
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
11) the defendant shall notify the probation officer within
seventy-two hours of being arrested or questioned by a law
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 OF SUPERVISION
X The defendant shall remain outside of the United States of
America during the term of supervised release.
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