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United States v. Barba-Osbaldo

December 9, 2009

UNITED STATES OF AMERICA
v.
JOSE BARBA-OSBALDO SOCIAL SECURITY NO. 2 7 2 3 AARON BARBA; JOSE OSBALDO BARBA; JOSE OSVALDO BARBA; JOSE OSWALDO BARBA; JOSE PELAYO BARBA; OSBALDO JOSE BARBA; OSSI BARBA; JOSE PELAVO; JOSE WSBALDO BARBA PELAYO; OZZIE (LAST 4 DIGITS)



The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge

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. 11 09 2009

X WITH COUNSEL Catherine R. Lombardo, apptd.

(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: Conspiracy to Possess With Intent to Distribute and to Distribute Methamphetamine in violation of 21 U.S.C. §846, 841(a)(1), (b)(1)(A)(viii) as charged in Count 1 of the First Superseding Indictment in case CR08-32(C)-SVW; and Illegal Alien Found in the United States Following Deportation in violation of 8 U.S.C. §1326(a), (b)(2) as charged in the Single Count Information in case CR08-614-SVW 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

FORTY-EIGHT (48) MONTHS on Count 1 in case CR08-32(C)-SVW, and TIME SERVED with NO in case CR08-614-SVW to run concurrently with the sentence imposed in CR08-32(C)-SVW. 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

The defendant shall not commit any violation of local, state or federal law or ordinance.

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 the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;

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

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due

All fines are waived as it is found that such sanction would place an undue burden on the defendant's

The Court recommends to the Bureau of Prisons that the defendant be placed in a ...


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