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United States v. Hoyos-Rizo

January 27, 2008

UNITED STATES OF AMERICA
v.
DE HOYOS-RIZO, ERIK EDUARDO SOCIAL SECURITY NO. 8 5 5 8 RIZO, ERIC EDUARDO; DEHOYOS, ERIK EDUARDO; RIZO, ERICK EDWARDO; DEHOYOS, ERIC EDUARDO; RIZO, ERIC; DEHOYAS, ERIC EDUARDO; HOYAS, ERIC EDUARDO; DEHOYOS RIZO, ERIK EDUARDO; HOYOS, ERIK EDUARDO; RIZO, ERIK EDUARDO; DEHOYOS, ERIK EDWARDO; DEHOYOS, ERIK E.; DE HOYOS, ERIK EDUARDO; RIZO, ERIK EDWARDO; RIZO, ERIK; DEHOYOS, ERIC E.; ALVARDO, JESSE; ALVARDO, JUSTO; DEHOYO, ERIC EDUARDO; ALVARDO, JUSTO JR.; TAPIA, JORGE; DEHOYOS, ERICK; BARAJAS, ALBERTO; "DROWSY'; "SLEEPY"; "SCRAPPY"; "LAST OF REZO"; "SPANKY" (LAST 4 DIGITS)



The opinion of the court was delivered by: Christina A. Snyder, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 01 26 2009

X WITH COUNSEL Brianna J. Fuller (Deputy Federal Public Defender)

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO

CONTENDERE NOT

GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

18 U.S. C. §1326(a)(b)(2): Illegal Alien Found in the United States Following Deportation (Count 1 of an Indictment), Class C Felony The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed on Count 1Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: FIFTY-ONE (51) MONTHS.

It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is

All fines are waived because it is found that the defendant does not have the ability to pay a fine.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;

The defendant shall not commit any violation of local, state or federal law or ordinance;

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 2 periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer; During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement (ICE), and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of court-ordered supervision, the defendant shall report for instructions to the United States Probation Office located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

The defendant may not associate with anyone known to him to be a Live Oak Street gang member or persons associated with the Live Oak Street gang, with the exception of his family members. He may not knowingly wear, display, use or possess any gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Live Oak Street gang; and may not knowingly display any signs or gestures; and,

As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Live Oak Street gang meet and/or assemble.

The defendant is informed of his limited right to appeal this judgment within 10 ...


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