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United States v. Gomez

October 20, 2009

UNITED STATES OF AMERICA
v.
MARIO GOMEZ SOCIAL SECURITY NO. 9 9 6 5 MARIO SALVADOR GOMEZ (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. 10 05 09

X WITH COUNSEL Jesus Bernal, DFPD

(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: Counts 1 & 2: Title 18, United States Code, Section 1709: Embezzlement of Mail Matter by Postal Service Employee, Count 3: Title 18, United States Code, Section 1029(a)(3): Possessing 15 or More Unauthorized Access Devices, 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, Mario Gomez, is hereby committed on counts One, Two and Three of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of Three (3) months for each count to run concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of Three (3) years each count 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 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; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon on a date determined by the Court. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at:

United States Court House 3470 Twelfth Street, Room 161 Riverside, California 92501

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $300.00,

IT IS FURTHER ORDERED that the defendant does not have the ability to pay a fine.

The Court recommends to the Bureau of Prisons that the defendant be designated to a penal institution at Victorville.

The defendant is advised of his right to file an appeal within 10 days of entry of judgment.

IT IS SO ORDERED.

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

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or

Clerk of Court, Central District of California

October 20, 2009 By

C. Sasse

Filed Date Deputy ...


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