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United States v. Perez-Garcia

May 5, 2010

UNITED STATES OF AMERICA
v.
MIGUEL PEREZ-GARCIA SOCIAL SECURITY NO. 6 5 6 7 7 7 6 6 6 8 8 5 MIGUEL PEREZ; MIGUEL PEREZ GARCIA; MIGUEL G. PEREZ; MIGUEL GARCIA PEREZ; MIGUEL PEREZGARCIA; MIGUEL PEREZ G.; MIGUEL PEREZ A.; MIGUEL PEREZ GARSIA; MIGUEL GARCIA HERNANDEZ; MIGUEL GARCIA HERNANCEZ; MIGUEL GARCIA; ROBERTO ROBLES; ANTONIO PEREA; ANTONIO PEREZ-GARCIAL; ANTONIO ROBLES PEREA; MIGUEL PEREZ GAROIA; HECTOR RIOS QUECADA; HECTOR QUEZADA; FELIPE ARTURO LIZARRAGA; ANTONIO HERNANDEZ CONTRERAS; ANTONIO CONTRERAS HERNANDEZ (LAST 4 DIGITS)



The opinion of the court was delivered by: James V. Selna, U. S. 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. APRIL 19 2010

X WITH COUNSEL Andrea Jacobs, DFPD

(Name of Counsel)

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

NOLO CONTENDERE

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 Following Deportation or Removal in violation of 8 U.S.C. § 1326(a), (b)(2) as charged in Count 1 of the Information 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:

Twenty-four (24) Months on the Single Count Information

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due All fines are waived as it is found that the defendant does not have the ability to pay.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years 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 not commit any violation of local, state or federal law or ordinance;

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 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, 411 West Fourth Street, Suite 4170, Santa Ana, California 92701;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and 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 the Probation Officer.

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment.

The Court recommends designation to a facility not be effective until July 19, 2010 to allow for the completion on current medical treatment the defendant is receiving.

The Court informs the defendant of his right to appeal.

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, ...


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