TO CONFORM WITH THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT - JUDGMENT FILED ON JANUARY 16, 2007
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 21 2005
W WITH COUNSEL Rene Kahn, DFPD, Appointed
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: 8 U.S.C. 1326(a): Illegal Alien Found in the United States Following Deportation (Single-Count Indictment).
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, and the Court having treated the guideline sentencing range, as a result of and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a), it is the judgment of the Court that the defendant, Jose Garcia-Mendez, is hereby committed on the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 63 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two years under the following 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 one periodic drug test every 30 days thereafter, 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 when deported or removed 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.
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.
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court RECOMMENDS a Bureau of Prisons facility in the Southern California vicinity.
The Court FURTHER RECOMMENDS a Bureau of Prisons facility as close to the Los Angeles vicinity as possible. The Court RECOMMENDS participation in the 500 hour drug program.
DEFENDANT ORIGINALLY INFORMED OF RIGHT TO APPEAL.
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, ...