Social Security No. 6 8 2 8
JUDGM ENT AND PROBATION/COM M ITM ENT ORDER
the presence of the attorney for the government, the defendant appeared in person on this date. 06 13 2011
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO NOT GUILTY CONTENDERE
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) 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: FIFTY-ONE (51) M ONTHS.
It is so ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived, as it is found that defendant does not have the ability to pay a fine.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions:
1. 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;
2. Defendant shall refrain from any unlawful use of a 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;
3. 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;
4. 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, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his/her true legal name; and
5. Defendant shall cooperate in the collection of a DNA sample from the defendant.
Defendant is advised of his appeal right.
The Court strongly recommends that the Bureau consider Defendant's request for placement in Southern California, near the San Diego area, to be close to his family.
to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of and at any time during the supervision period or within the maximum period permitted by law, ...