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United States v. Rodriguez

March 4, 2009

UNITED STATES OF AMERICA
v.
JOSE APOLONIO CRUZ RODRIGUEZ SOCIAL SECURITY NO. 0 7 3 3 ERNEST CRUZ; JOSE CRUZ; JOSE ABLONIO CRUZ; JOSE ADOLONIO CRUZ; JOSE APOLINIO CRUZ; JOSE APOCONIA CRUZ; JOSE APOLONIO CRUZ (LAST 4 DIGITS)



The opinion of the court was delivered by: George H. King, 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. 03 02 09

X WITH COUNSEL Reuven L Cohen

(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: Illegal Alien found in the United States following deportation, in violation of Title 8 U.S.C § 1326a), 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:

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.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, is hereby committed on the single-count indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 36 months.

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

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318, including but not limited to the condition that defendant shall not violate any federal, state or local law;

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;

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 U.S. Probation Office, located at United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012; and

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

Defendant waives his right of appeal.

It is recommended to the Bureau of Prisons that the defendant be designated to a facility in the Southern California area.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

Irene Ramirez Filed Date Irene Ramirez, Deputy Clerk

03/04/09 By

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, ...


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