The opinion of the court was delivered by: Dolly M. Gee United States District Judge
Social Security No. N O N E (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. OCT 3 2012
Asal Akhondzadeh, appointed (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: Illegal Re-entry After Deportation (8 U.S.C. § 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:
The defendant shall pay to the United States a special assessment of $100, which is due immediately.
Pursuant to section 5E1.2(e), of the Guidelines, all fines are waived as the Court finds that the defendant does not have
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, JOSE VILLAGOMEZ-FARFAN, is committed on the Single-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of 18 months.
On release from imprisonment, Mr. VILLAGOMEZ-FARFAN shall be placed on supervised release for a term of three 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 318; The defendant shall not commit any violation of federal, state or local 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 periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
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 the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;
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 The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends that the Bureau of Prisons conduct a medical evaluation of Defendant's medical condition, which includes respiratory ailments, in order to determine whether he may be provided with a CPAP machine.
The Court recommends that Defendant be assigned to a federal correctional facility in the Southern California area. The Court informs the defendant 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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
SENTENCING FACTORS: The sentence is based on the factors set forth in 18 U.S.C. Sect. 3553, as more particularly reflected in the court reporter's transcript.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...