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United States of America v. Rafael Jimenez - Rodriguez

October 31, 2011

UNITED STATES OF AMERICA
v.
RAFAEL JIMENEZ - RODRIGUEZ
MIGUEL JIMENEZ; ALEJANDRO FIGUEROA; JORGE HERNANDEZ; MIGUEL JIMINEZ; JORGE RAFAEL HERNANDEZ-JIMENEZ; HALBERT LEON; ALBERTO JIMENEZ-RODRIGUEZ



The opinion of the court was delivered by: Dolly M. Gee, United States District Judge

Social Security No. 0 3 6 8 5 7 4 2 6 4 2 5 (Last 4 digits)

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. OCT 31 2011

Shaun Khojayan, Appointed

(Name of Counsel)

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: Assaulting a Federal Officer Resulting in the Infliction of Bodily Injury and Aiding and Abetting in violation of Title 18 U.S.C. §§ 111(a) (1), (b), and 2(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, RAFAEL JIMENEZ-RODRIGUEZ 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: seventy-two (72) months. This term shall run consecutively to any undischarged term of imprisonment.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

Pursuant to section 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 and is not likely to become able to pay any 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:

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 federal, state or local 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 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; and

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

The Court recommends that Defendant Jimenez-Rodriguez be evaluated and treated immediately for his mental health condition and that he be released from solitary confinement if it is found to exacerbate his mental health condition. The BOP shall provide a status report regarding Defendant Jimenez-Rodriguez's mental health condition and the conditions of his confinement within 30 days from the date of this Judgment and every four months thereafter through November 2012. The Court also recommends that this defendant be assigned to a federal correctional facility in the Indianapolis area.

The Statement of Reasons shall be provided to the United States Probation Office, Bureau of Prisons, and the U.S. Sentencing Commission.

The Court authorizes the Probation Office to disclose the Presentence Report to the Bureau of Prisons and ...


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