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United States of America v. Roberto Jose-Tomas; T/N Thomas Berbis Juan

September 9, 2011

UNITED STATES OF AMERICA
v.
ROBERTO JOSE-TOMAS; T/N THOMAS BERBIS JUAN



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

Social Security No.

NONE 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. 09 09 2011

Edward M Robinson, CJA

(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 of GUILTY, defendant has been convicted as charged of the offenses of: Conspiracy to Harbor and Conceal Illegal Aliens for Financial Gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I), as charged in Count 1of the First Superseding Indictment; and Hostage Taking, in violation of 18 U.S.C. § 1203, as charged in Count 4 of the First Superseding 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: EIGHTY-SEVEN (87) MONTHS

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. All fines are waived as the Court finds that the defendant does not have the ability to do so.

Defendant, Roberto Jose-Tomas, is hereby committed on counts one and four of the first superseding indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 87 months. This term consists of 87 months on each of Counts one and four of the first superseding, all 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 counts one and four of the first superseding 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;

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 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 Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;

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

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.

The Government's motion for a downward departure pursuant to U.S.S.G. § 5K1.1 is hereby GRANTED.

The Government's motion dismissing all pending counts against this defendant is hereby GRANTED.

The defendant has waived his right to appeal.

The Government's motion to de-designated the material witnesses is hereby GRANTED and their bond is hereby

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.

TERRY NAFISI, Clerk, U.S. District Court

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.

9/12/2011 By

Irene Ramirez

Filed Date Irene Ramirez, Relief Courtroom Clerk

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


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