The opinion of the court was delivered by: Gary Allen Feess, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 2 23 2009
X WITH COUNSEL Paul C Horgan, Appointed
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: Bringing Illegal Aliens for Private Financial Gain and Aiding and Abetting in violation of 8 U.S.C. Section 1324(a)(2)(B)(ii) and 18 U.S.C. Section 2(a) as charged in Count 1 of the Indictment.
The Court asked whether there was any reason 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, Roberto Amaya Canchola, is hereby committed on Count One of the Six-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of thirty-six (36) months.
It is ordered that the defendant shall pay to the United States a special assessment of $100 which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay.
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:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment; and
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12:00 noon on April 24, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.
It is recommended that the defendant be designated to a Southern California facility.
Defendant informed of his right to appeal within 10 days.
On the Government's motion, all remaining count of the underlying indictment ...