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United States v. Villatoro

October 19, 2010

UNITED STATES OF AMERICA
v.
JOSE MARCIANO VILLATORO SOCIAL SECURITY NO. 2 9 2 8 MARCIANO VILLATORRO; JOSE MARCIANA VILLATORO; E ROMERO; JOSE BILLA BIATOTO; JOSE MARCIANORO; JOSE MARCIANO-VILLAT; JOSE MARICANO RO; JOSE MARCIANO VILLATORO (LAST 4 DIGITS)



JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

M ONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 10 19 2010

X WITH COUNSEL Gerald Salseda

(Name of Counsel)

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

NOLO NOT GUILTY CONTENDERE

There being a finding/verdict of 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 Count One (1) of 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: THIRTY SEVEN (37) M ONTHS.

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

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three 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;

2. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

3. 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, 312 North Spring Street, Room 600, Los Angeles, California 90012;

4. 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/her true legal name;

5. The defendant shall participate in an outpatient substance abuse (alcohol) treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

6. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer; and

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

Defendant is advised of his right to appeal.

Defendant requests that he be kept at MDC pending designation by the BOP to facilitate his medical treatment. The Court notes defendant's request and recommends that the BOP take consideration of defendant's request.

to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of and at any time during the supervision period or within the maximum period permitted by law, ...


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