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United States v. Munguia

August 6, 2010

UNITED STATES OF AMERICA
v.
JOSE DOLORES MUNGUIA SOCIAL SECURITY NO. N O N E LUIS ALVAREZ-GUIZAR; LUIS ALVAREZ-GUIEZER; LUIS ALVAREZ-GUIZER; LUIS ALVAREZ; LUIS GUIZER ALVAREZ LUIS HUIZER ALVAREZ; JOSE LOCORES-MUNGIA; VICENTE NUNES MUNGUIA; LUIS HUIZER ALVAREZ JOSE DELORES MUNGIA; VINCENTE MUNGUIA RUBEN ROMERO; VINCENTE NUNEZ MUNGUIA; AND LUIS JACINTO ANAYA BEJAR (LAST 4 DIGITS)



The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess

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. 08 02 2010

X WITH COUNSEL Jennifer J. Uyeda, DFPD appointed

(Name of Counsel)

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

NOLO CONTENDERE NOT GUILTY

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 in violation of 8 U.S.C. § 1326(a),(b)(2), 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:

IT IS ORDERED that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

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, Jose Dolores Munguia, is hereby committed on the single-count information to the custody of the Bureau of Prisons to be imprisoned for a term of forty-six (46) months.

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:

1) The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02, including, but not limited to, the condition that defendant shall not commit another federal, state or local crime;

2) 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;

3) The defendant shall comply with the immigration rules and regulations of the United States, and when 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 U.S. Probation Office located at the United States Courthouse, 312 North Spring Street, Suite 600, Los Angeles, California 90012; and

4) The defendant shall cooperate in the collection of a DNA sample from the defendant.

Defendant exercises right to allocution.

Defendant informed that he has waived 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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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