The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 25 09
W WITH COUNSEL Alicia Y. Blanco, Deputy Federal Public Defender
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: Title 8, United States Code 1326(a), as charged in the 1-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, Martin SotoZavala, is hereby committed to the Bureau of Prisons on the single-count indictment for a term of 63 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three 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; and
The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement (ICE), 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 the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California.
Defendant was informed of his right to appeal within 10 days of entry of judgment.
The Court RECOMMENDS to the Bureau of Prisons that the defendant be designated to a institution in Southern California, at Terminal Island.
The Court RECOMMENDS to the Bureau of Prisons that the defendant shall remain at the Metropolitan Detention Center, pending designation to a penal institution. The Court also recommends that the defendant not be moved before his upcoming scheduled dental appointments. Further, that he be ...