The opinion of the court was delivered by: Dale S. Fischer, 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. 12/7/2009
X WITH COUNSEL Philip Deitch, Appointed
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:
31 U.S.C. §5332: Bulk Cash Smuggling - single count Information
The Court asked whether there was any reason 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, Ricardo Gallarzo, is hereby committed on the single-count Information to the custody of the Bureau of Prisons to be imprisoned for a term of five months, which time has already been served.
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;
The defendant shall reside for a period of five months in a residential re-entry center (community corrections component), as directed by the Probation Officer, and shall observe the rules of that facility;
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.
Defendant shall be allowed to live with his family in Tijuana after he has resided in the residential re-entry center and is on supervised release.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.
The Court advised the defendant of the right to appeal this judgment.
The sentence is based on the factors set forth in 18 U.S.C. §3553, including the applicable sentencing range set forth in the guidelines, as more particularly ...