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United States of America v. Gelacio Mota-Rangel Gelacio Mota

December 8, 2010

UNITED STATES OF AMERICA
v.
GELACIO MOTA-RANGEL GELACIO MOTA, JUAN MERINO



Social Security No. N o n e

(Last 4 digits)

JS-3

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. NOV. 29 2010

X WITH COUNSEL Nikoo N. Berenji, DFPD

(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 Title 8 United States Code, Section 1326(a), 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: Thirty (30) months The Court ORDERS the defendant to pay to the United States a special assessment of $100.00, to the Clerk of the Court, which is Pursuant to section 5E1.2 (e) of the Guidelines, all fines are waived as the Court finds that the defendant does not have the ability Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, GELACIO MOTA-RANGEL, is, hereby, committed on the Single Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) yearsunder the following terms and conditions.

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02. . The defendant shall not commit any violation of local, state or federal law or ordinance.

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 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 an 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 Courthouse, 312 North Spring Street, Suite 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; 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 defendant shall register with the state sex offender registration agency in any state where the defendant resides, is employed, carries on a vocation, or is a student, as directed by the Probation Officer. The defendant shall provide proof of registration of the Probation Officer within five days of release from imprisonment. . The defendant shall not affiliate with, own, control, volunteer, and/or be employed in any capacity by a business and/or organization that causes him to regularly contact persons under the age of 18. . The defendant shall cooperate in the collection of a DNA sample from the defendant.

The Statement of Reasons shall be provided to the Probation Office, the U. S. Sentencing Commission, and the Bureau of Prisons.

The Court authorizes the Probation Office to disclose the Presentence Report to the Bureau of Prisons and the U. S. Sentencing 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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

SENTENCING FACTORS:

The sentence is based on the factors set forth in 18 U.S.C. Sect. 3553, as more particularly reflected in the court Date December 6, 2010 U. S. District Judge It is ordered that the Clerk deliver a copy of this Judgment and ...

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