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United States v. Lopez-Mendez

March 30, 2010

UNITED STATES OF AMERICA
v.
ROLANDO LOPEZ-MENDEZ SOCIAL SECURITY NO. N O N E FERNANDO LOPEZ-MENDEZ (LAST 4 DIGITS)



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. 03 29 2010

W WITH COUNSEL ANGELA VIRAMONTES and JESUS BERNAL, DFPD, Appointed

(Name of Counsel)

W GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO

CONTENDERE

There being a finding/verdict of W GUILTY, defendant has been convicted as charged of the offense(s) of: Illegal Re-entry

After Deportation in Violation of 8 U.S.C. § 1326, as Charged in Count One of the

Indictment.

The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:

The defendant shall pay to the United States a special assessment of $100, which is due immediately.

Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, 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, Rolando Lopez-Mendez, is hereby committed on Count One of the Indictment to the custody of the Bureau of Prisons, to be imprisoned for a term of 36 months. The Bureau of Prisons shall conduct a health evaluation of defendant, specifically, regarding his cardiac condition, and determine his eligibility for the 500 hour program.

Upon release from imprisonment defendant shall be placed on supervised release for a term of three (3) years on Count One of the Indictment, 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;

The defendant shall refrain from any unlawful use of a controlled substance. As directed by the Probation Officer, the defendant shall submit to one drug test within 15 days of release from imprisonment. Thereafter, defendant shall also submit to periodic drug testing as directed by the Probation Officer, not to exceed eight drug tests per month;

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 when deported or removed 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 U. S. Probation Office, located at:

United States Court House 3470 Twelfth Street Riverside, CA 92501

The defendant shall not obtain or possess any driver's license, social security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of he Probation Officer; and

The defendant shall cooperate with the U.S. Probation Office in the collection of a DNA sample from defendant.

DEFENDANT INFORMED OF RIGHT TO APPEAL.

The Court RECOMMENDS that the defendant be placed at the Bureau of Prisons facility at Terminal Island, Lompoc, or ...


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