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United States v. Pena-Llanas

June 30, 2009

UNITED STATES OF AMERICA
v.
MARIO PENA-LLANAS DAVID CHAVEZ; JUAN ALBERTO DE LA CRUZ; ALBERTO DE LA CRUZ; MARIO GAMEZ; DAVID ESTRADA GONZALES; ALFONSO LLANAS; GILBERTO PENA, MARIO PENA; JULIO CESAR RIVERA; ANTONIO RODDRIGUEZ; RAYMOND AGUILAR RODRIGUEZ; DAVID CHAVEZ URBINA SOCIAL SECURITY NO. 5 0 2 0 (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. 06 25 2009

W WITH COUNSEL JESUS BERNAL, DFPD, 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: Voluntary

Manslaughter in Violation of 18 U.S. § 1112 as charged in Count One of the First Superseding Information; and, 18 U.S.C. § 113(a)(3) as charged in Count Two of the First Superseding 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, Mario Alonzo Pena-Llanas, is hereby committed on Counts 1 and 2 of the First Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of 135 months. This term consists of 120 months on Count 1 and 15 months on Count 2 of the First Superseding Information, to be served consecutively to each other. Both terms totaling 135 months, to be served consecutively to the term imposed in United States District Court, Southern District of Texas, Docket

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. This term consists of 3 years on each of Counts 1 and 2 of the First Superseding Information, all such terms to run concurrently, under the same terms and conditions imposed in United States District Court, Southern District of Texas, Docket No. B-95-00137-001, with the following additional

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;

On Government's motion, the underlying indictment, ORDERED dismissed.

DEFENDANT 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, 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. ...


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