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United States v. Martinez

United States District Court Eastern District of California

December 1, 2009



(For Offenses Committed On or After November 1, 1987)


Defendant's Attorney


pleaded guilty to Count One of the Complaint. pleaded nolo contendere to counts(s) w hich w as accepted by the court. w as found guilty on count(s) after a plea of not guilty.

CCORDINGLY, the court has adjudicated that the defendant is guilty of the follow ing offense(s):

Date Offense Count Section Nature of Offense Concluded Number(s) 844(a) POSSESSION of CONTROLLED SUBSTANCE 10/23/2009 ONE


The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed to the Sentencing Reform Act of 1984.

The defendant has been found not guilty on counts(s) and is discharged as to such count(s).

Count(s) remaining are dismissed on the motion of the United States.

Indictment is to be dismissed by Dist rict Court on motion of the United States.

Appeal rights given. [ ] Appeal rights w aived.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this dist rict w ithin of any change of name, residence, or mailing address until all fines, rest itution, cost s, and special s imposed by this judgment are fully paid. If ordered to pay rest itution, the defendant must notify the and United States attorney of material changes in economic circumst ances.

NOVEMBER 17, 2009

Date of Imposition of Judgment

DENNIS L. BECK, United States Magist rate Judge


The defendant is hereby sentenced to 12 months unsupervised probation commencing November 17, 2009, to 16, 2010.

Judgment entered pursuant to 18 U.S.C. §3607 is deferred. If the defendant completes the term of probation w ithout of conditions imposed, the proceedings w ill be dismissed.

endant shall not commit another federal, state, or local crime.

endant shall not unlaw fully possess a controlled substance. The defendant shall refrain from any unlaw ful use of substance. The defendant shall submit to one drug test w ithin 15 days of release on probation and at least tw o

drug tests thereafter, not to exceed four (4) drug tests per month.

The above drug testing condition is suspended based on the court' s determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)

The defendant shall not possess a firearm, destructive device, or any other dangerous w eapon. (Check, if applicable.)

The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register and comply w ith the requirements in the federal and state sex offender registration agency in the jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction w here the defendant resides, is employed, or is a student. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

judgment imposes a fine or a restitution obligation, it is a condition of supervised release that the defendant pay in w ith the Schedule of Payments sheet of this judgment.

endant must comply w ith the standard conditions that have been adopted by this court as w ell as w ith any additional ions on the attached page.


defendant shall not leave the judicial district w ithout permission of the court or probation officer; defendant shall report to the probation officer and shall submit a truthful and complete w ritten report w ithin the first e days of each month; defendant shall answ er truthfully all inquiries by the probation officer and follow instructions of the probation officer; defendant shall support his or her dependants and meet other family responsibilities; defendant shall w ork regularly at a law ful occupation unless excused by the probation officer for schooling, training other acceptable reasons; defendant shall notify the probation officer ten days prior to any change in residence or employment; defendant shall refrain from excessive use of alcohol; defendant shall not frequent places w here controlled substances are illegally sold, used, distributed, or administered; defendant shall not associate w ith any persons engaged in criminal activity, and shall not associate w ith any person icted of a felony unless granted permission to do so by the probation officer; defendant shall permit a probation officer to visit him or her at any time at home or elsew here, and shall permit iscation of any contraband observed in plain view by the probation officer; defendant shall notify the probation officer w ithin seventy-tw o hours of being arrested or questioned by a law orcement officer; defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency hout the permission of the court; directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the endant' s criminal record or personal history or characteristics, and shall permit the probation officer to make such ifications and to confirm the defendant' s compliance w ith such notification requirement.


1. The defendant shall obey all laws (local, state, and federal).

2. The defendant shall pay a criminal monetary penalty for the total amount of $1025.00, consisting of a $1,000.00 fine and a $25.00 assessment fee payable within thirty days. The fine is payable to the Clerk, U.S. District Court, and mailed to:

Office of the Clerk

U.S. District Court 2500 Tulare Street Fresno, California 93721

3. A Review Hearing at the U.S. District Court, 9004 Castle Cliff Court, Yosemite National Park, CA 95389, is set for 11/16/2010 at 10:00 a.m. At the Review Hearing the Judge will consider vacating the remaining time of probation, if all terms/conditions have been meet, and entering final disposition of Deferred Judgment. If defendant is in compliance with all terms/conditions, her presence at said hearing is waived.


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