United States District Court Eastern District of California
January 11, 2010
UNITED STATES OF AMERICA
ENRIQUE FERNANDO GUTIERREZ
The opinion of the court was delivered by: Oliver W. Wanger, United States District Judge
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
pleaded guilty to count: 2 of the Indictm ent . pleaded nolo contendere to counts(s) which was accepted by the court. was found guilty on count(s) after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):
Date Offense Count Section Nature of Offense Concluded Number(s) 841(a)(1) and Cultivation of Marijuana and Aiding and 5/20/2008 - 6/25/2008 2 2 Abetting (CLASS A FELONY)
The defendant is sentenced as provided in pages 2 through 6 of this judgm ent. The sentence is im posed t 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).
All remaining of the Indictm ent are dism issed on the m otion of the United States.
Indictm ent is to be dism issed by District Court on m otion of the United States.
Appeal rights given. [U] Appeal rights waived.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 any change of nam e, residence, or m ailing address until all fines, restitution, costs, and special assessm ents d by this judgm ent are fully paid. If ordered to pay restitution, the defendant m ust notify the court and United States of material changes in econom ic circum stances.
The defendant is hereby com m itted to the custody of the United States Bureau of Prisons to be im prisoned for a rm of 37 months.
The court m akes the following recomm endations to the Bureau of Prisons: The Court recom m ends that the defendant be incarcerated in a California facility, but only insofar as this accords with security classification and space availability.
The defendant is rem anded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this district. [ ] at on . [ ] as notified by the United States Marshal.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [ ] before on . [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Officer.
If no such institution has been designated, to the United States Marshal for this district.
this judgment as follows:
Defendant delivered on to
, with a certified copy of this judgment.
UNITED STATES MARSHAL
Deputy U.S. Marshal
Upon release from imprisonment, the defendant shall be on supervised release for a term of 36 months .
report to the probation office in the district to which the defendant is released within 72 hours of release from the the Bureau of Prisons.
The defendant shall not commit another federal, state, or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of 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 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 weapon. (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 with 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 where 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 accordance
Schedule of Payments sheet of this judgment.
comply with the standard conditions that have been adopted by this court as well as with any additional conditions page.
STANDARD CONDITIONS OF SUPERVISION
defendant shall not leave the judicial district without permission of the court or probation officer; defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days
month; defendant shall answer 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 work regularly at a lawful occupation unless excused by the probation officer for schooling, training or 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 where controlled substances are illegally sold, used, distributed, or administered; defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted 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 elsewhere, and shall permit confiscation of any contraband observed in plain view by the probation officer; defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement
defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without permission of the court; directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to
the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
1. The defendant shall submit to the search of his person, property, home, and vehicle by a United States probation officer, or any other authorized person under the immediate and personal supervision of the probation officer, based upon reasonable suspicion, without a search warrant. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.
2. As directed by the probation officer, the defendant shall participate in an outpatient correctional treatment program to obtain assistance for drug or alcohol abuse.
3. As directed by the probation officer, the defendant shall participate in a program of testing (i.e. breath, urine, sweat patch, etc.) to determine if he has reverted to the use of drugs or alcohol.
4. The defendant shall not possess or have access to any paging device or cellular phone without the advance permission of the probation officer. The defendant shall provide all billing records for such devices, whether used for business or personal, to the probation officer upon request.
5. Pursuant to 18 USC 3583(d)(3), upon completion of the term of imprisonment, the defendant is to be surrendered to a duly authorized Immigration official for deportation proceedings in accordance with the established procedures provided by the Immigration and Nationality Act. If ordered deported, the defendant, during the term of supervised release, shall remain outside the United States and shall not re-enter the United States without the consent of the Attorney General or the Secretary of the Department of Homeland Security of the United States.
Upon any re-entry, lawful or unlawful, into the United States, the defendant shall report in person to the United States Probation Office in the Eastern District of California within 72 hours.
6. As directed by the probation officer, the defendant shall participate in a co-payment plan for treatment or testing and shall make payment directly to the vendor under contract with the United States Probation Office of up to $25 per month.
7. The defendant shall register, as required in the jurisdiction in which he resides, as a drug offender.
CRIMINAL MONETARY PENALTIES
defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
Assessment Fine Restitution tals: $100 $$
e determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered r such determ ination.
e defendant m ust m ake restitution (including community restitution) to the following payees in the amount listed below.
e defendant m akes a partial paym ent, each payee shall receive an approximately proportioned payment, unless ecified otherwise in the priority order or percentage paym ent column below. However, pursuant to 18 U.S.C. § 3664(i), nonfederal victims must be paid before the United States is paid.
f Payee Total Loss* Restitution Ordered Priority or Percentage
stitution am ount ordered pursuant to plea agreem ent $
e defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full fore the fifteenth day after the date of the judgm ent, pursuant to 18 U.S.C. § 3612(f). All of the paym ent options on Sheet ay be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
The court determ ined that the defendant does not have the ability to pay interest and it is ordered that:
The interest requirem ent is waived for the [ ] fine [ ] restitution
The interest requirem ent for the [ ] fine [ ] restitution is m odified as follows:
carcerated, payment of the fine is due during im prisonment at the rate of not less than $25 per quarter
d paym ent shall be through the Bureau of Prisons Inm ate Financial Responsibility Program .
carcerated, payment of restitution is due during im prisonm ent at the rate of not less than $25 per quarter
d paym ent shall be through the Bureau of Prisons Inm ate Financial Responsibility Program .
dings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses d on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
yment of the total fine and other criminal monetary penalties shall be due as follows:
Lump sum payment of $100 due immediately, balance due
[ ] not later than , or [ ] in accordance with [ ] C, [ ] D, [ ] E, or [ ] F below; or
Paym ent to begin im m ediately (m ay be com bined with [ ] C, [ ] D, or [ ] F below); or
Payment in equal (e.g., weekly, monthly, quarterly) installments of $over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
Payment in equal (e.g., weekly, monthly, quarterly) installm ents of $over a period of (e.g., m onths or years), to commence (e.g., 30 or 60 days) after release from im prisonm ent to a term of supervision; or
Paym ent during the term of supervised release will com m ence within (e.g., 30 or 60 days) after release from im prisonm ent. The court will set the paym ent plan based on an assessm ent of the defendant's ability to pay at that time; or
Special instructions regarding the payment of criminal monetary penalties:
the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau
ns' Inm ate Financial Responsibility Program , are m ade to the clerk of the court.
fendant shall receive credit for all paym ents previously m ade toward any crim inal m onetary penalties im posed.
int and Several
ant and Co-Defendant Nam es and Case Num bers (including defendant num ber), Total Am ount, Joint and Several and corresponding payee, if appropriate:
e defendant shall pay the cost of prosecution.
e defendant shall pay the following court cost(s):
e defendant shall forfeit the defendant's interest in the following property to the United States:
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