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United States of America v. Raul Barbosa Aguirre

United States District Court Northern District of California


November 28, 2012

UNITED STATES OF AMERICA
v.
RAUL BARBOSA AGUIRRE

BOP Case Number: DCAN409CR000086-SBA

The opinion of the court was delivered by: Honorable Saundra B. Armstrong, U. S. District Judge

AO 245D (Rev. 9/00) - Judgment in a Criminal Case for Revocation Date of Original Judgment: 11/26/12

(Or Date of Last Amended Judgment)

Reason for Amendment:

[ ] Correction of Sentence on Remand (Fed.R.Crim.P.35(a)) [ ] Modification of Supervision Conditions (18 U.S.C § 3563© or 3583(e)) [ ] Reduction of Sentence for Changed Circumstances [ ] Modification of Imposed Term of Imprisonment for Extraordinary and (Fed. R.Crim.P.35(b)) Compelling Reasons (18 U.S.C. §3582(c)(1)) [ ] Correction of Sentence by Sentencing Court (Fed.R.Crim.P.35© [ ] Modification of Imposed Term of Imprisonment for Retroactive

[x] Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36) Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2)) [ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. § 2255,

[ ] 18 U.S.C. § 3559(c)(7), or [ ] Modification of Restitution Order

JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

(For Offenses Committed On or After November 1, 1987)

USM Number:

THE DEFENDANT:

[x] admitted guilt to violation of condition(s) of the term of supervision. [ ] was found in violation of condition(s) after denial of guilt.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Date Violation Violation Number Nature of Violation Occurred

See next page.

The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[ ] The defendant has not violated condition(s) and is discharged as to such violation(s) condition.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.

Defendant's Soc. Sec. No.: Defendant's Mailing Address:

Defendant's Date of Birth:

Defendant's USM No.:

Defendant's Residence Address:

Name & Title of Judicial Officer

Date Violation

Violation Number Nature of Violation Concluded

1 DEFENDANT FAILED TO NOVEMBER 10, 2009

REFRAIN FROM THE USE OF OPIATES 2 DEFENDANT FAILED TO OCTOBER 28, 2009 REPORT TO GROUP COUNSELING AS INSTRUCTED BY THE PROBATION OFFICER 3 DEFENDANT WAS ARRESTED FEBRUARY 2, 2010 FOR POSSESSION OF HEROIN FOR SALE, TRANSPORTATION OF HEROIN FOR SALE, CHILD ENDANGERMENT, FELONY EVADING, POSSESSION OF A CONTROLLED SUBSTANCE IN PRISON, RESISTING OR OBSTRUCTING A PEACE OFFICER AND BATTERY. 4 DEFENDANT POSSESSION JANUARY 26, 2010 HEROIN TO SELL

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 15 months

[x] The Court makes the following recommendations to the Bureau of Prisons: That the defendant be housed close to the Bay Area due to the proximity to his family.

[x] The defendant is remanded to the custody of the United States Marshal. The appearance bond is hereby exonerated.

[ ] The defendant shall surrender to the United States Marshal for this district.

[ ] at [] am [] pm on . [ ] as notified by the United States Marshal.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

[ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

[ ] before 2:00 pm on . [ ] as notified by the United States Marshal. [ ] as notified by the Probation or Pretrial Services Office.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

RETURN

I have executed this judgment as follows:

Defendant delivered on to

at , with a certified copy of this judgment.

UNITED STATES MARSHAL

By

Deputy United States Marshal

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 18 months . Same conditions as previously imposed by the court.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. 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 two periodic drug tests thereafter. [ ] The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.) [x] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check if applicable.) [ ] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check if applicable.) [ ] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check if applicable.) [ ] The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions in this judgment.

STANDARD CONDITIONS

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

2) The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) The defendant shall support his or her dependants and meet other family responsibilities;

5) The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;

6) The defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) 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;

10) 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 of the probation officer;

11) The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) 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; and

13) 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 confirm the defendant's compliance with such notification requirement.

20121128

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