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United States of America v. Francisco Dominguez-Ortega

February 15, 2011

UNITED STATES OF AMERICA
v.
FRANCISCO DOMINGUEZ-ORTEGA



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Social Security No. N O N E Last 4 digits

JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

CONTENDERE NOT GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Assaulting a Federal Officer Resulting in the Inflection of Bodily Injury, in Violation of 18 U.S.C. § 111(a)(1), (b) as Charged in the Single Count Indictment.

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, which is due immediately.

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 the ability to pay a fine.

Pursuant to the Sentencing Reform Act of 1984, and the Court having treated the guideline sentencing range, as a result

and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a) , it is the judgment of the Court that the defendant, FRANCISCO DOMINGUEZ-ORTEGA, is hereby committed on the Single Count Indictment, to the custody of the Bureau of Prisons to be imprisoned for a term of 10 months.

Upon release from imprisonment defendant shall be placed on supervised release for a term of three (3) years on the Single Count Indictment 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 defendant shall not commit another federal, state or local crime;

The defendant shall cooperate in the collection of a DNA sample from his person;

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 or removed 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 U. S. Probation Office, located at:

United States Court House 3470 Twelfth Street Riverside, CA 92501 The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

DEFENDANT INFORMED 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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

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


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