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United States v. Gonzalez-Martinez

October 26, 2009

UNITED STATES OF AMERICA
v.
MARTIN GONZALEZ-MARTINEZ SOCIAL SECURITY NO. N O N E GONZALEZ MARTINEZ, MARTIN GONZALEZ, MARTIN EMBERTO MARTINEZ, MARTIN GONZALEZ (LAST 4 DIGITS)



RESENTENCING PURSUANT TO THE MANDATE OF THE UNITED STATES COURT OF APPEALS FOR THE NINTH

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 19 2009

W WITH COUNSEL ROBERT E. SCOTT, CJA, Appointed

(Name of Counsel)

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: 8 USC § 1324(a)(1)(A)(v)(I): Conspiracy to Harbor Illegal Aliens (Count 1 of 7-Count 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 the Sentencing Reform Act of 1984, and the Court having treated the guideline sentencing range, as a result of and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a), it is the judgment of the Court that the defendant, Martin Gonzalez-Martinez, is hereby committed on Count 1 of the 7-Count First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 78 months.

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

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;

The defendant shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs 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, that includes urinalysis, saliva, and sweat patch testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672. The defendant shall provide payment and proof of payment 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 ...


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