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Of America v. Miguel Gallo Diaz Francisco Miguel Diaz

United States District Court Central District of California

November 1, 2011


Social Security No. 7 2 9 0 (Last 4 digits)



In the presence of the attorney for the government, the defendant appeared in person on this date. 10 31 2011


(Name of Counsel)

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


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

Use of a Communication Facility in Committing a Felony Drug Offense, in Violation of 21 U.S.C. § 843(b), as Charged in Count One 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:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due

Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established 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, Miguel committed on Count 1 of the Information to the custody of the Bureau of Prisons to be of 48 months.

imprisonment, the defendant shall be placed on supervised release for a term of one 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 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 Court, located at the United States Court House, 3470 Twelfth Street, Plaza Street Level, Riverside, CA 92501

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


On Government's motion, the underlying indictment, ORDERED dismissed.

The Court RECOMMENDS that the defendant be placed at a Bureau of Prisons facility in the Southern California

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

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

U. S. District Judge/Magistrate Judge

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

November 1, 2011 By

Jim Holmes /s/ (for MD)

Filed Date Deputy Clerk

with the standard conditions that have been adopted by this court (set forth below).


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

defendant shall not commit another Federal, state or local crime; defendant shall not leave the judicial district without the written

10. 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;

of the court or probation officer; defendant shall report to the probation officer as directed by the or probation officer and shall submit a truthful and complete report within the first five days of each month; defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; defendant shall support his or her dependents and meet other

11. 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;

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

13. 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 unless by the probation officer for schooling, training, or other acceptable reasons; shall notify the probation officer at least 10 days prior change in residence or employment; defendant shall refrain from excessive use of alcohol and shall not possess, use, distribute, or administer any narcotic or other substance, or any paraphernalia related to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled substances

14. 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;

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

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

sold, used, distributed or administered;

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


defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject


for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not 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 the

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 or 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 in the economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C.

Payments 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.


directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report

(2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open 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 proceeds deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any

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 without approval 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.


Judgment and Commitment as follows:

on to

on appeal on


Defendant's appeal determined on

on to

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

United States Marshal


Date Deputy Marshal


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

Clerk, U.S. District Court


Filed Date Deputy Clerk


Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of (3) modify the conditions of supervision.

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

Defendant Date

U. S. Probation Officer/Designated Witness Date


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