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United States v. Gutierrez

January 11, 2010

UNITED STATES OF AMERICA
v.
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)

THE DEFENDANT:

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.

IMPRISONMENT

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.

RETURN

this judgment as follows:

Defendant delivered on to

, with a certified copy of this judgment.

UNITED STATES MARSHAL

By

Deputy U.S. ...


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