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United States v. Martinez

September 20, 2010

UNITED STATES OF AMERICA
v.
VICTOR RAMIREZ MARTINEZ SOCIAL SECURITY NO. 3 6 6 3 AKAS: JORGE MARTINEZ, VICTOR MARTINEZ, VICTOR RAMIREZ-MARTINEZ, VICTOR RAMERIZ, VICTOR RAMIREZ, VICTOR MANUEL RAMIREZ, MONIKERS: BORACHO, CREEPER, CRICKET (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, 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 September 20 2010

X WITH COUNSEL Charles C. Brown, DFPD

(Name of Counsel)

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

CONTENDERE NOT

GUILTY

There being a 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) as charged in the Single-Count Indictment filed April 24, 2007

The Court asked whether defendant had anything to say 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, Victor Ramirez Martinez, is hereby committed on Count 1 of the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 77 months.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions: [If defendant has previously complied with conditions 3 and 6 of this Judgment, 3 and 6 are not to be reimposed]

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. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

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 the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;

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, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name; and

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

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. [this condition shall not be reimposed if already satisfied by defendant]

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

Court Orders the MDC to conduct a full medical evaluation of defendant on or before November 15, 2010. The MDC shall deliver a written report regarding the results of the medical evaluation to the Court on or before November 30, 2010. The defendant shall not be transferred from the MDC until further order of the Court.

When the defendant is transferred from the MDC, the Court recommends that the defendant be housed in Lompoc or Terminal Island in order to facilitate the proper ...


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