United States District Court Central District of California
November 29, 2012
LUIS ENRIQUE LOPEZ
LUIS ENRIQUE LOPEZ LOPEZ
The opinion of the court was delivered by: David O. Carter, United States District Judge
Social Security No. 6 1 6 4 (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. 11 29 12
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, 841(b)(1)(A): Conspiracy to Possess with Intent to Distribute and Distribute Cocaine; Possession of Cocaine with Intent to Distribute as charged in 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 $100.00, 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 it is found that such sanction would place an undue burden on the defendant's dependents.
the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Luis Enrique Lopez, is hereby Count 1 of the 4-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 41
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 not commit any violation of local, state or federal law or ordinance;
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 cooperate in the collection of a DNA sample from the defendant;
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 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, 411 West Fourth Street, Suite 4170, Santa Ana, California 92701-4516;
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 custody, if not deported or removed;
The defendant shall report in person directly to the Court within 21 days of his release from custody, 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, if not deported or removed; 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.
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 or extend the period of supervision, and at any time during the supervision period or within the period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the
that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or
Clerk, U.S. District Court
November 29, 2012 By
Filed Date Deputy Clerk
with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
defendant shall not commit another Federal, state or local crime; defendant shall not leave the judicial district the written permission of the court or probation officer; defendant shall report to the probation officer as by the court or probation officer and shall a truthful and complete written report within the first five days of each month; defendant shall answer truthfully all inquiries by probation officer and follow the instructions of
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;
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;
12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;
officer; defendant shall support his or her dependents and meet other family responsibilities; defendant shall work regularly at a lawful unless excused by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at days prior to any change in residence or
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;
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;
defendant shall refrain from excessive use of and shall not purchase, possess, use, or administer any narcotic or other substance, or any paraphernalia related to
15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;
substances, except as prescribed by a physician; defendant shall not frequent places where substances are illegally sold, used, or administered;
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
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL
The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or fine or restitution is paid in full before the fifteenth (15th ) day after the date of the judgment pursuant to 18 U.S.C.
Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest
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
the balance 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 address or residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C.
defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any change in the defendant's economic circumstances that might affect the defendant's ability to pay a fine or as required by 18 U.S.C. §3664(k). The Court may also accept such notification from the government or the may, on its own motion or that of a party or the victim, adjust the manner of payment of a fine or restitution-18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and 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;
4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
5. Other penalties and costs.
SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE
directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release credit report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; accurate financial statement, with supporting documentation as to all assets, income and expenses of the In addition, the defendant shall not apply for any loan or open any line of credit without prior approval of the
defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or
proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. all other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon
defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess without approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied
These conditions are in addition to any other conditions imposed by this judgment.
Judgment and Commitment as follows:
on appeal on
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
Clerk, U.S. District Court
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) 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.
U. S. Probation Officer/Designated Witness Date
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