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U.S. v. SMITH

United States District Court, S.D. California


September 15, 2005.

UNITED STATES OF AMERICA
v.
PATRICIA MORENO SMITH (04).

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

AMENDED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987)
REGISTRATION NO. 77119198
[x] Correction to special conditions of supervised release due to clerical mistake.

  THE DEFENDANT:

  [x] pleaded guilty to count(s) ONE OF THE SUPERSEDING INFORMATION.

  ? was found guilty on count(s) ____________________________________ after a plea of not guilty.

  Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offence(s):

  Count Title & Section Nature of Offense Number(s) 18 USC 1001 FALSE STATEMENT 1

  The defendant is sentenced as provided in pages 2 through 3 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 INDICTMENT is [X] are ? dismissed on the motion of the United States.

  [x] Assessment: $100

  [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. PROBATION

  The defendant is hereby sentenced to probation for a term of:

THREE (03) YEARS.
MANDATORY CONDITIONS
  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 placement on probation and at least two periodic drug tests thereafter.

  [x] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low 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 probation that the defendant pay any such fine or restitution 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 (set forth below). The defendant shall also comply with the 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 officer;
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 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 OF SUPERVISION
  [x] Not possess any firearm, explosive device or other dangerous weapon.

  [x] Submit to a search of person, property, residence, abode or vehicle, at a reasonable time and in a reasonable manner, by the probation officer.

  ? The defendant shall violate no laws, federal, state and local, minor traffic excepted.

  ? If deported, excluded, or allowed to voluntarily reenter to country of origin, not reenter the United States illegally and report to the probation officer within 72 hours of any reentry to the United States; supervision waived upon deportation, exclusion, or voluntary departure.

  ? Not transport, harbor, or assist undocumented aliens.

  ? Not associate knowingly with alien smugglers.

  ? Not reenter the United States illegally.

  [x] Not enter the Republic of Mexico without written permission of the Court or probation officer.

  [x] Report all vehicles owned or operated, or in which you have an interest, to the probation officer.

  ? Not possess any narcotic drug or controlled substance without a lawful medical prescription.

  ? Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any form.

  ? Participate in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a psychiatrist/physician, and not discontinue any medication without permission. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. The defendant may be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.

  [x] File personal income tax returns for the tax years 1995 and 1998 and to file corrected personal income tax returns for the tax years 1996 and 1997.

  ? Participate in a mental health treatment program as directed by the probation office.

  [x] Provide complete disclosure of personal and business financial records to the probation officer as requested.

  [x] Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer.

  ? Seek and maintain full time employment and/or schooling or a combination of both.

  ? Resolve all outstanding warrants within days.

  [x] Complete 300 hours of community service in a program approved by the probation officer within

  ? Reside in a Community Corrections Center (CCC) as directed by the probation officer for a period of

  ? Reside in a Community Corrections Center (CCC) as directed by the Bureau of Prisons for a period of commencing upon release from imprisonment.

  [x] You will be subject to random drug testing and shall pay the total cost of electronic monitoring services, or a a portion if deemed appropriate by the probation officer. The daily rate is subject to periodic adjustment.

  ?

  [x] You shall comply with the conditions of the home confinement program for a period of 6 months. You will remain at your residence except for activities and/or employment as approved by the court or probation officer. You will maintain an analog telephone line at your place of residence without "call forwarding," "caller ID," or any blocking features. You shall wear and electronic monitoring device and follow the procedures specified by the probation officer.

  ? Participate in a program of drug or alcohol abuse treatment, including urinalysis testing and counselling as directed by the probation officer. The defendant may be required to contribute to the costs of services rendered in an amount to be determined the probation officer based on the defendant's ability to pay.

  ? Cooperate as directed in the collection of a DNA sample.

20050915

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