The opinion of the court was delivered by: U. S. District Judge Andrew J. Guilford
Social Security No. N O N E
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 11 07 2011
X 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: Illegal Alien Found in the United States Following Deportation or Removal in violation of 8 USC §§1326(a) as charged in the Single Count Information 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 immediately. Under 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.
Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, JULIO ALBERTO DEANDA PINEDA, is hereby committed on Count 1 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 24 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years under the following terms and conditions:
1. The 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
2. The defendant shall refrain from any unlawful use of a controlled substance and alcohol. 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;
3. The defendant shall comply with the immigration rules and
regulations of the United States, and when 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 U.S.
Probation Office located in this building at Ronald Reagan Federal
Building, 411 W. Fourth Street, Fourth Floor, Santa Ana, CA
4. The defendant shall cooperate in the collection of the DNA sample from the defendant.
Defendant is advised of her appeal rights.
The Court strongly recommends that the defendant be housed at a facility in Southern California to facilitate visitation with his minor child, family and friends.
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.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...