The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips
Social Security No. 1 3 7 1
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 28 2011
WITH COUNSEL Charles Brown, Jeffrey Aaron, DFPD, Appointed
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: Illegal Alien Found in the United States Following Deportation, in Violation of 8 U.S.C. §§ 1326(a)(b)(2), as Charged in Count One of the Indictment; and, False Statement in Passport Application, Venue, in Violation of 18 U.S.C. § 1542, 3238, as Charged in Count Two of the Indictment; and, False Statement in Supplemental Security Income Benefits Application, in Violation of 42 U.S.C. 1383a(a)(1), as Charged in Count Three of the 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 $300, which is due
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Napoleon Arturo Bustamante, is hereby committed on Counts 1 through 3 of the Indictment to the custody of the Bureau of Prisons for a term of 30 months. This term consists of 30 months on each of Counts 1 through 3 of the Indictment, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1 through 3 of the Indictment, all such terms to run concurrently 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 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.
During the period of community supervision the defendant shall pay the special assessment and fine 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 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 United States Probation Office, located at the United States District Court, 3470 Twelfth Street, Plaza Level, Riverside, California, 92501;
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 disclose and show to the Probation Officer, all passports, driver's licenses, birth certificate, and other forms of identification pertaining to defendant or in defendant's possession, and surrender any such document and forms of identification to the Probation Officer upon the request of the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample ...