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United States of America v. Erick Hernandez

March 4, 2013

UNITED STATES OF AMERICA
v.
ERICK HERNANDEZ



Social Security No. N O N E

(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. March 04 2013

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:

18 U.S.C. § 1326(a) ILLEGAL ALIEN FOUND IN THE UNITED STATES FOLLOWING DEPORTATION as charged in Count One of 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:

24 months on Count One of the Single-Count Information.

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:

Defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02, including, but not limited to, the condition that defendant shall not commit another federal, state or local crime;

Defendant shall refrain from any unlawful use of a controlled substance. Defendant shall submit to one drug test within 15 days of release from imprisonment. Thereafter, defendant shall also submit to periodic drug testing, as directed by the Probation Officer, not to exceed eight drug tests per month;

Defendant shall comply with the immigration rules and regulations of the Untied Staets, and when deported or removed from this country, either voluntarily or involuntarily, not re-enter the United States illegally. Defendant is not required to report to the Probation Office while residing outside fo the United States; however, within 72 hours of release from any custody or any re-entry to the United Staets during the period of court-ordered supervision, defendant shall report for instructions to the U. S. Probation Officer located at the U.S. Courthouse, Ste. 600, Los Angeles, CA

Defendant shall cooperate in the collection of a DNA sample from himself.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

The Court recommends that defendant be designated to a facility in Southern California.

The Court, in determining the particular sentence to be imposed, has considered the factors set forth in

18 U.S.C. Section 3553. The Court has considered:

1) The defendant's history of committing a crime in the United States following deportation;

2) The need for the sentence

a) To promote respect for the laws and to sufficiently and justly punish the defendant for this serious offense;

b.) The need for the sentence to impress upon defendant and others the seriousness of this offense of illegally returning to the United States to deter him specifically and others generally from returning illegally.

c) The need for the sentence and defendant's anticipated subsequent deportation to protect the public from ...


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