The opinion of the court was delivered by: Audrey B. Collins U. S. District Judge
FIRST AMENDED JUDGMENT AND COMMITMENT ORDER
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. Dec 14, 2009
X WITH COUNSEL George Paul Trejo, Jr., Retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: illegal alien found in the United States, in violation of 8 U.S.C . § 1326(a) as charged in count 1 of the Indictment.
The Court asked whether defendant had anything to say 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: All fines are waived as it is FOUND that the defendant does not have the ability to pay and such sanction would place an undue burden on the defendant's dependents.
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 six (46) months, on count. 1, of the Indictment . Upon release from imprisonment, the defendant shall be placed on Supervised Release a term of three (3) years, on ct 1, under the following terms and conditions:
1) the defendant shall comply with the rules and regulations of the US Probation Office and General Order 318;
2) the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to 1 drug test within 15 days of release from imprisonment/placement on supervised release and at least 2 period drug tests thereafter, as directed by the Probation Officer, not to exceed 8 tests per month;
3) during the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
4) the defendant shall comply with the immigration rules and regulations of the United States, and when 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 Untied States during the period of Court-ordered supervision, the defendant shall report for instructions to the US Probation Office, located at the US Courthouse, 312 No. Spring St., Rm. 600, Los Angeles, Ca. 90012;
5) the defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification without the prior written approval of the Probation Officer; further, the defendant shall not use, for any purpose or in any manner, any name other than his true legal name;
6) the defendant shall cooperate in the collection of a DNA sample from the defendant.
The defendant is advised of the appeal rights.
The Court recommends the Bureau of Prisons designate defendant at FCI Terminal Island or a facility in the Southern
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the ...