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United States v. Silvas-Arevalos

August 24, 2009

UNITED STATES OF AMERICA
v.
CESAR SILVAS-AREVALOS SOCIAL SECURITY NO. 9181 4474 7808 8878 (LAST 4 DIGITS)



The opinion of the court was delivered by: Dale S. Fischer, United States 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.

08/24/2009

X WITH COUNSEL Kim Savo, Deputy Federal Public Defender (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:

8 U.S.C. §1326(a): Re-entry of removed aliens (Single-Count Information) , Class C Felony 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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant Cesar Silvas-Arevalos is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 38 months.

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

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

The defendant shall not commit any violation of local, state, or federal law or ordinance;

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 him;

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, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name;

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 may not associate with anyone known to him to be a Tiny Boys or Primera Flats E/S gang member or persons associated with the Tiny Boys or Primera Flats E/S gangs, with the exception of his family members. He may not knowingly wear, display, use, or possess any Tiny Boys or Primera Flats E/S gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Tiny Boys or Primera Flats E/S gangs, and may not knowingly display any Tiny Boys or Primera Flats E/S gang signs or gestures;

As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Tiny Boys or Primera Flats E/S gangs meet and/or assemble; and

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 United States Probation Office, located at:

United States Court House 312 North Spring Street, Room 600 Los Angeles, CA 90012

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

Pursuant to section 5E1.2 (e) of the Guidelines, all fines are waived as the Court finds that the defendant does not ...


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