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Of America v. Jose Ricardo Simental-Pinedo

September 17, 2012

OF AMERICA
v.
JOSE RICARDO SIMENTAL-PINEDO
JOSE SIMENTAL-PINEDA



The opinion of the court was delivered by: David O. Carter, United States District Judge

Social Security No. 8 4 3 6

(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. 09 17 2012

Andrea Jacobs, 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: 8 U. S.C. § 1326(a), (b)(2): Illegal Alien Found in the United States Following Deportation 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:

the defendant shall pay to the United States a special assessment of $100, which is due immediately. Any balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Inmate Financial Responsibility Program.
are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jose Simental-Pinedo, is Count 1 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 15 Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) 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 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;

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: United States Court House, 411 West Fourth Street, Suite 4170, Santa Ana, California 92701-4516;

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, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name;

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

The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and ...


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