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United States v. Fuentes

January 5, 2009

UNITED STATES OF AMERICA
v.
JUAN CARLOS FUENTES SOCIAL SECURITY NO. NONE JUAN CARLOS FUENTES-GARCIA; ALEXANDER JIMENEZ (LAST 4 DIGITS)



The opinion of the court was delivered by: Robert H. Whaley, Chief U. S. District Judge, Sitting By Designation

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. 12 09 2008

X WITH COUNSEL Paul Horgan, appointed

(Name of Counsel)

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: Conspiracy to Possess with Intent to Distribute a Controlled Substance in violation of 21 USC 846 as to Count 1 of the Indictment and Possession with Intent to Distribute a Controlled Substance in violation of 21 USC 841 (b)(1) as to counts 2 through 5 of the Indictment.

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, Juan Carlos Fuentes, is hereby committed on Counts One through Five of the Indictment to the custody of the Bureau of Prisons to be 130 months. This term consists of 130 months on each of Counts One through Five of the Indictment, such terms to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years under the following terms and conditions. This term consists of five years on each of Counts One through Five, such terms to run

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

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, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall not associate with anyone known to him to be a Mara Salvatrucha-13 (MS-13) gang member or persons associated with the Mara Salvatrucha-13 gang, with the exception of his family members. He shall not knowingly wear, display, use or possess any Mara Salvatrucha-13 gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Mara Salvatrucha-13 gang, and shall not knowingly display any Mara Salvatrucha-13 signs or gestures;

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 Mara Salvatrucha-13 gang meet and/or assemble;

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 immigration rules and regulations of the United States, 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:

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, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name; and

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

It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately.

All fines are waived as it is found that the defendant does not have the ability to pay a fine, and that such sanction would place an undue ...


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