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United States v. Garcia

January 23, 2009

UNITED STATES OF AMERICA
v.
JUAN VALADEZ GARCIA SOCIAL SECURITY NO. 8 7 6 5 PABLO MARTINEZ (LAST 4 DIGITS)



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. JAN. 12 2009

X WITH COUNSEL Irene Ayala, appointed

(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: Conspiracy to posses with Intent to Distribute Controlled Substances in violation of Title 21 United States Code, Section 846,841(a)(1)(b)(1)(A) as charged in Count 1 of the First Superseding Indictment. Possession with Intent to Distribute Actual Methamphetamine, Aiding and Abetting, in violation of Title 21 United States Code, Section 841(a)(1),(b)(1)(A); 18 USC § 2, as charged in Counts 3, 4 and 5 of the First Superseding 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: Ninety six (96) months.

The Court orders the defendant to pay to the United States a special assessment of $400.00, to the Clerk of the Court. All fines are waived as it ti found that the defendant does not have the ability to pay.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Juan Valadez Garcia, is, hereby, committed on Counts One, Three, Four and Five of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of Ninety six (96) months. This terms consists of ninety six months on each of Counts 1, 3, 4, and 5 of the First Superseding Indictment to be served ocncurrentely.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on each of Counts One, Three Four and Five of the First Superseding Indictment, all such terms to run concurrently 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.

During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment.

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 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.

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

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 re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United ...


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