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United States of America v. Jose Refugio Medina-Rivera

December 20, 2010

UNITED STATES OF AMERICA
v.
JOSE REFUGIO MEDINA-RIVERA



The opinion of the court was delivered by: George H. King, U. S. District Judge

E-Filed: JS-3

Social Security No. N O N E Jose Medina-Rivera

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. DEC 13 2010

Y WITH COUNSEL Myra Sun, Deputy Federal Public Defender

(Name of Counsel)

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

NOLO CONTENDERE NOT GUILTY

There being a find/verdict of Y 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 U.S.C. § 1326(a) as charged in Count 1 of the Information 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:

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

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 Refugio Medina-Rivera, is hereby committed on Count 1 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of: 36 months.

Upon release from imprisonment, the defendant is placed on supervised release for a term of three (3), under 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 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 District Court, 312 N. Spring Street, Los Angeles, California 90012; and

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

Defendant advised of his right to appeal.

IT IS RECOMMENDED that the Bureau of Prisons designate defendant to a facility in the Southern

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

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

TERRY NAFISI, CLERK OF COURT

12/20/10

By

/ S /

Filed Date

Beatrice Herrera for Linda Jackson-Williams,

Courtroom Deputy Clerk/Relief Courtroom Deputy

The defendant shall comply with the standard conditions that have been adopted by this ...


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