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United States of America v. Mario Hernandez Medina Mario Medina Hernandez; Mario Hernandez; Mario Hernandez-Medina; Jose

December 10, 2010

UNITED STATES OF AMERICA
v.
MARIO HERNANDEZ MEDINA MARIO MEDINA HERNANDEZ; MARIO HERNANDEZ; MARIO HERNANDEZ-MEDINA; JOSE ANTONIO RAMOS-MUNOZ; JOSE ANTONIO RAMOSMUNOZ; MARIO FRANCISCO HENRIQUEZ MEDINA; JOSE MANUEL CARBAJAL



The opinion of the court was delivered by: Hon. David O. Carter, U. S. District Judge

Social Security No. N O N E

(Last 4 digits)

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. 12 10 10

x WITH COUNSEL Elizabeth Macias, 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 GUILTY, defendant has been convicted as charged of the offense(s) of: 8:1326(a), (b)(2), ILLEGAL ALIEN FOUND IN THE UNITED STATES FOLLOWING DEPORTATION (One 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 $100.00, which is due

Pursuant to 5E1.2(e) of the Guidelines, all fines are waived, as it is found 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, Mario Hernandez Medina, is hereby committed on the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned 18 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:

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 the defendant shall not commit another federal, state or local crime;

The defendant shall refrain from any unlawful use of 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 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 Courthouse, 411 West Fourth Street, Suite 4170, Santa Ana, California 92701-4516; and

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

RECOMMENDS that the defendant be housed in the Southern California area due to close family ties.

Court informed the defendant 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, ...


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