The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 07/19/2010
W WITH COUNSEL JOAN POLITEO, DFPD, Appointed
W GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Title, 8 USC §1326(a), Illegal Re-entry by an Alien Following Deportation as charged in the Single Count 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: It is 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, and the Court having treated the guideline sentencing range, as a result and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a) , it is the judgment of the Court that the defendant, JOSE GUADALUPE GLAVAN-ONOTE, is hereby committed on the Single Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of 30 months.
Upon release from imprisonment defendant shall be placed on supervised release for a term of three (3) years on the Single Count Information 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, including, but not limited to, the condition that defendant shall not commit another federal, state or local crime;
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;
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 cooperate with the U.S. Probation Office in the collection of a DNA sample from defendant.
The Court RECOMMENDS that the defendant be placed at Bureau of Prisons facility in the Southern California
The Court RECOMMENDS that the defendant participate in the 500 Hour Drug Program, or other drug treatment program which is allowed through the Bureau of Prisons.
DEFENDANT INFORMED OF 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, ...