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United States v. Escobar-Hernandez

October 26, 2009

UNITED STATES OF AMERICA
v.
ROQUE ESCOBAR-HERNANDEZ SOCIAL SECURITY NO. NONE ROQUE NOE HERNANDEZ; ROQUE HERNANDEZ; ROQUE ESCOBAR; JOSE DOMINGUEZ; ROQUE ESCOBARHERNAND; "SMOKEY"; "LILESCO"; "BULLET"; "USTO" (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 26 2009

W WITH COUNSEL DAVID THOMAS, CJA, Appointed

(Name of Counsel)

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: Assault

Resulting in Serious Bodily Injury; Aiding and Abetting in Violation of 18 U.S.C. §§113(a)(6), 2(a) as charged in Count Four of the First Superseding Indictment.

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, Roque Escobar-Hernandez, is hereby committed on Count Four of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 77 months, to be served consecutively to any undischarged term of imprisonment in United States District Court, District of Arizona, Case No. CR05-01147. If the term of imprisonment in the Arizona case has expired by the date of this sentence, the defendant shall be entitled to credit from the date of expiration of Arizona case to the imposition of judgment in this case.

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 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 3470 Twelfth Street, Plaza Level Riverside, California 92501

The defendant may not associate with anyone known to him to be a member of the Mid-City Stoners gang or persons associated with the Mid-City Stoners gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Mid-City Stoners gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Mid-City Stoners gang, and may not knowingly display any Mid-City Stoners 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 ...


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