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United States v. Martinez

March 18, 2009

UNITED STATES OF AMERICA
v.
ARIEL MARTINEZ SOCIAL SECURITY NO. 5251 ARIEL MARTINEZ CASTANEDA; ARIEL MARTINEZ-CASTANEDA; JOSE MARTINEZ-SANCHEZ; ARIEL CASTANEDA MARTINEZ; ORIEL CASTENEDA MARTINEZ; JOSE SANCHEZ-MARTINEZ; ARIEL CASTENEDA MARTINEZ; RAUL JAVIER MARTINEZ CASTANEDA (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. 03 16 2009

W WITH COUNSEL DAVID J. THOMAS, CJA Appointed

(Name of Counsel)

W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Escape from

Custody in Violation of 18 U.S.C. § 751(A) as charged in the Single Count Information.

The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Ariel Martinez, is hereby committed on the Single-Count Information the custody of the Bureau of Prisons to be imprisoned for a term of four months, to run consecutively to any remaining sentence in Case No. 96CR00410 from the United States District Court for the Northern District of Ohio.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two 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 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 cooperate in the collection of a DNA sample from the defendant.

The Court RECOMMENDS that the defendant be placed at the Bureau of Prisons facility at either Victorville, Terminal Island, or other Southern California area facility.

The Court RECOMMENDS that the defendant participate in the 500 ...


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