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United States of America v. 3) Jose Nicolas Alvarado

November 22, 2011

UNITED STATES OF AMERICA
v.
3) JOSE NICOLAS ALVARADO, JR. JOSE NICOLAS ALVARDO, JR., POTAS



Social Security No. 4 4 5 3 (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. 11 21 2011

X WITH COUNSEL Jesse A. Gessin, DFPD

(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/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy To Possess With Intent To Distribute And Distribute Cocaine And Methamphetamine; Possession With Intent To Distribute Cocaine in violation of 21 U.S.C. § 846, 841(a)(1), 841(b)(1)(A)(ii) and (viii) as charged in Count 1 of the Three-Count 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:

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 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, Jose Nicolas Alvarado, Jr., is hereby committed on Count 1 of the 3-Count Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 15 months, which the Court finds has already been served in full. Court orders the defendant released forthwith. Issued Release #D7211.

Upon release from imprisonment, the defendant is shall be placed on supervised release for a term of two 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 cooperate in the collection of a DNA sample from his person;

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 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;

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

During the period of supervised release, the defendant may reside in Mexico outside of the Court's jurisdiction, subject to the following conditions: (1) Within 24 hours of the defendant's release from custody, he shall report in person for further instructions to United States Probation Office, located at 411 W. Fourth Street, Suite 4170, Santa Ana, CA 92701; (2) The defendant shall submit to the Probation Officer documentation evidencing his intent of maintaining a permanent residence in Mexico, including residential and contact information and any other information or documentation deemed necessary by the Probation Officer to verify the defendant's proposed residence; (3) The defendant shall pay any unpaid balance of the special assessment in full and shall provide proof of payment to the Probation Officer; and (4) The defendant shall cooperate in the collection of a DNA sample from his person or provide proof that a DNA sample was collected from his person during the period of imprisonment. Upon compliance with each of the aforementioned conditions, the Court authorizes the United States Probation Office to issue the defendant a one-way travel permit to Mexico. The defendant shall notify the United States Probation Office within 24 hours of his arrival in Mexico to confirm his arrival by calling (714) 338-2900 and providing the officer of the day with contact information, including the address of his residence and telephone number. The defendant is not required to report to the Probation Office while residing in Mexico. However, within 72 hours of any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report in person for instructions to the United States Probation Office located at 411 W. Fourth Street, Suite 4170, Santa Ana, CA 92701.

All remaining counts/underlying indictment are dismissed.

Defendant advised of his right to appeal.

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, ...


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