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United States of America v. Jose Victor Ruvalcaba

December 13, 2011

UNITED STATES OF AMERICA
v.
JOSE VICTOR RUVALCABA



JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

Social Security No. 1 0 3 9 (Last 4 digits)

In the presence of the attorney for the government, the defendant appeared in person on this date. 12 12 11

X WITH COUNSEL Carlos N. Iriarte, Retained

(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:

21 U.S.C. 846: Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine - Count 1of 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 defendant, Jose Victor Ruvalcaba, is committed on Count 1 of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 168 months pursuant to U.S.S.G. § 5G1.3(c) which is to be served concurrently to the defendant's undischarged term of imprisonment under Orange County Superior Court Case No. 08NF1636.

On release from imprisonment, the defendant shall be placed on supervised release for a term of 10 years under the following terms

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;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment 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 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 authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.

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 that $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

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 The Court grants the government's oral motion to dismiss the remaining counts of the Indictment and the First Superseding Indictment

The Court recommends that the defendant be incarcerated in the Southern California area.

The Court recommends that the defendant be incarcerated in the same facility as his brother, Francisco Ruvalcaba-Garcia, if that is not inconsistent with BOP policy or the safety and security of the institution.

The Court advised the defendant of the right to appeal this judgment.

SENTENCING FACTORS: The sentence is based on the factors set forth in 18 U.S.C. ยง3553, including the applicable sentencing range set fort in the guidelines, as more ...


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