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United States v. Sauceda

December 23, 2009

UNITED STATES OF AMERICA
v.
HOMAR RODRIGUEZ SAUCEDA SOCIAL SECURITY NO. N O N E HOMAR RODRIGUEZ-SAUCEDO (LAST 4 DIGITS)



The opinion of the court was delivered by: Philip S. Gutierrez, United States 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. DEC 21 2009

X WITH COUNSEL Carlos Juarez, CJA

(Name of Counsel)

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 Manufacture, to Possess with Intent to Distribute, and to Distribute Marijuana in violation of Title 21 U.S.C. § 846 as charged in count 1 of the Indictment; Manufacture of Marijuana in violation of Title 21 U.S.C. §§ 841 (a)(1) and 841 (b)(1)(A ) as charged in court 2 of the Indictment; Possession with Intent to Distribute Marijuana in violation of Title 21 U.S.C. §§ 841 (a)(1) and 841 (b)(1)(A) as charged in count 3 of the Indictment; Possession of a Firearm During and in Relation to a Drug Trafficking Offense in violation of Tile 18 U.S.C. § 924(c)(1)(A) as charged in count 4 of the Indictment.

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:

It is ordered that the defendant shall pay to the United States a special assessment of $400 which is due

All fines are waived as it is found that the defendant does not have the ability to pay a fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Homar Rodriguez Sauceda, is hereby committed on Counts One, Two, Three and Four of the Four-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 97 months.

This term consists of 37 months on Counts One, Two and Three to be served concurrently, and 60 months on Count Four to be served consecutively to Counts One, Two, and Three.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on Counts One, Two, Three, and Four, all such terms to run concurrently 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;

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

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

The defendant is advised of the right to appeal.

On Government's motion, the underlying complaint is Ordered dismissed.

The Court recommends that the defendant be designated to a Southern California facility.

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 U.S. Marshal or other qualified officer.

The defendant shall comply with the standard conditions that have been adopted by this ...


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