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States of America v. True Name: Marco Antonio Lopez-Urias Lopez-Ayala

United States District Court Central District of California


September 26, 2011

STATES OF AMERICA
v.
TRUE NAME: MARCO ANTONIO LOPEZ-URIAS LOPEZ-AYALA

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)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

MONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 09 21 11

Young Kim, Deputy Federal Public Defender

(Name of Counsel)

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

NOLO OT GUILTY CONTENDERE

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Title 8, United States Code, Section 1326(a): Illegal Alien Found in the United States Following Deportation, 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: ordered that the defendant shall pay to the United States a special assessment of $100, which is due

Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has that he is unable to pay and is not likely to become able to pay any fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, ntonio Lopez-Urias, is hereby committed on the single-count Indictment to the custody of the Bureau to be imprisoned for a term of 33 months.

pon release from imprisonment, the defendant shall be placed on supervised release for a term of 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 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, 290 North D Street, Suite 700, San Bernardino, CA 92401;

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.

defendant was informed of his to file an appeal within 14 days of entry of judgment. If the elects to file an appeal, the defendant is granted leave of court to file a request for court-order of the Clerk's fees to file an appeal.

Court recommends to the Bureau of Prisons that the defendant be designated to a penal in Southern California area.

to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation

Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend f supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue revoke supervision for a violation occurring during the supervision period.

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified Clerk, U.S. District Court By Jim Holmes /s/ iled Date Deputy Clerk ant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

defendant shall not commit another Federal, state or

9. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

defendant shall not leave the judicial district without the permission of the court or probation officer;

defendant shall report to the probation officer as by the court or probation officer and shall submit and complete written report within the first five

10. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

days of each month; defendant shall answer truthfully all inquiries by the officer and follow the instructions of the

11. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

probation officer; defendant shall support his or her dependents and meet

12. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

responsibilities; defendant shall work regularly at a lawful occupation excused by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10

13. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

any change in residence or employment; defendant shall refrain from excessive use of alcohol shall not purchase, possess, use, distribute, or any narcotic or other controlled substance, or paraphernalia related to such substances, except as by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or

14. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

15. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.

efendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).

UTORY PROVISIONS PERTAINING TO PAYM ENT AND COLLECTION OF FINANCIAL SANCTIONS

defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine n is paid in full before the fifteenth (15th day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments ject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, not applicable for offenses completed prior to April 24, 1996.

all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay as directed by the United States Attorney's Office. 18 U.S.C. §3613.

defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change ant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. he Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party , adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) bation 18 U.S.C. §3563(a)(7).

ayments shall be applied in the following order:

1. Special assessments pursuant to 18 U.S.C. §3013;

2. Restitution, in this sequence:

Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim; 3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit uiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not loan or open any line of credit without prior approval of the Probation Officer.

defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank

including any business accounts, shall be disclosed to the Probation Officer upon request.

defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 proval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

RETURN

the within Judgment and Commitment as follows:

elivered on to

noted on appeal on

released on

issued on

appeal on

elivered on to

institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By

ate Deputy Marshal

CERTIFICATE

and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, legal custody.

Clerk, U.S. District Court

By

iled Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

ing of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the ervision, and/or (3) modify the conditions of supervision.

conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

igned)

Defendant Date

U. S. Probation Officer/Designated Witness

Date

20110926

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