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United States v. Reyes-Reyes

July 14, 2009

UNITED STATES OF AMERICA
v.
GERARDO REYES-REYES SOCIAL SECURITY NO. N O N E (LAST 4 DIGITS)



The opinion of the court was delivered by: Alicemarie H. Stotler 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. JUL 13 2009

X WITH COUNSEL William Morrissey, Apptd.

(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:

Conspiracy in violation of 18 USC § 1028(f) as charged in Count 1 of the 7-Count Indictment; Transfer of False Identification Documents as charged in 18 USC § 1028(a)(2) as charged in Count 6 of the 7-Count Indictment.

The Court asked whether defendant had anything to say 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Thirty-three (33) months. This term consists of 33 months on each of Counts 1 and 6 of the Indictment to be served concurrently.

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

IT IS FURTHER ORDERED that all fines are waived as it is found that the defendant does not have the ability to pay.

IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 and 6 of the Indictment, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318, 01-05 and 05-02;

The defendant is ordered to not commit any violation of local, state or federal law or ordinances;

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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that may include urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the ...


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