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Of America v. Hector Gonzalez

United States District Court Central District of California

September 24, 2012


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

Social Security No. 0 1 2 6

(Last 4 digits)


In the presence of the attorney for the government, the defendant appeared in person on this date. 09 24 2012 Roger Rosen, Retained

(Name of Counsel)

X 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:

18 U. S.C. § 1962(d): Racketeer Influenced and Corrupt Organizations Conspiracy as charged in Count One of the 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 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.

Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable not likely to become able to pay any fine.

the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Hector Gonzalez Jr., is hereby Count 1 of the 86-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a low term of 63

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following 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;

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 and abstain from using alcohol. The defendant shall submit to one drug and alcohol test within 15 days of release from imprisonment and at least two periodic drug and alcohol 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;

During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug or alcohol dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs or alcohol, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug or alcohol 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;

The defendant may not associate with anyone known to him to be a Mongols gang member or persons associated with the Mongols gang, with the exception of his family members. The defendant may not knowingly wear, display, use or possess any Mongols gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing which evidences affiliation with the Mongols gang, and may not knowingly display any Mongols signs or gestures;

As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Mongols gang meet and/or assemble;

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 with or without reasonable or probable cause;

The defendant shall report to the United States Probation Office within 72 hours of his release from imprisonment;

The defendant shall report in person directly to the Court within 21 days of his release from imprisonment, at a date and time to be set by the United States Probation Office, and thereafter report in person to the Court no more than eight times during his first year of supervised release; and

The defendant shall not possess, have under his control, or have access to any firearm, explosive device, or other dangerous weapon as defined by federal, state, or local law.

authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment facilitate the defendant's treatment for narcotic addiction or drug or alcohol dependency. Further of the Presentence Report by the treatment provider is prohibited without the consent of the Court.

ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or

on December 3, 2012. In the absence of such designation, the defendant shall report on or before the the United States Marshal located at: United States Court House, 411 W. Fourth Street, Santa


RECOMMENDS that the defendant participate in the 500-Hour/RDAP Program within the Bureau of Prisons.

recommends that the defendant be housed in the Southern California area due to close family ties.

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,

extend the period of supervision, and at any time during the supervision period or within the maximum period

law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

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

Clerk, U.S. District Court

Julie Barrera

September 24, 2012 By

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

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;

defendant shall not leave the judicial district without the permission of the court or probation officer;

defendant shall report to the probation officer as directed by or probation officer and shall submit a truthful and written report within the first five days of each

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;

defendant shall answer truthfully all inquiries by the officer and follow the instructions of the probation

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;

defendant shall support his or her dependents and meet

responsibilities; defendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10 days

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;

any change in residence or employment; defendant shall refrain from excessive use of alcohol and not purchase, possess, use, distribute, or administer any or other controlled substance, or any paraphernalia to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or administered;

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. 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 restitution is paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1).


may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not applicable 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 as directed 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 residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material defendant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required §3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or the victim, adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 for probation 18 U.S.C. §3563(a)(7).

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 inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant

for any loan or open any 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 proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all accounts, including any business accounts, shall be 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 legal custody.

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 of supervision, and/or (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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