United States v. Cortez

5:06-cr-04027 | N.D. Iowa | Jun 6, 2007

At'l 245]3 (Rev. 06!05) Judgnicnt iri a C.`rimirlu| Ca.~‘ie Slieet l United States District Court NORTI-[ERN DlSTRlCT OF IOWA UNITED STATES OF AMER|CA JUDGMENT IN A CRIMINAL CASE V. ALBERTO VILLALPANDO Case Ntttnber: CROE-4027-»003-MWB USM l\lumbei‘: 03280-029 .Iim K. McGow_Lh Del'eni:lant’s Attorney THE I)EFENDANT: |:i pleaded guilty to count(s) |;| pleaded nolo contendere to count(s) which was accepted by the couit. l was found guilty on count(s) 1 and_l of the Superscding Indictmelit after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section Nature of Offense l Ofl`en§e girlde §ount 21 U.S.C. §§ 841(£\)(`1), 841(1]) Conspiracy to Distribute 500 Grams or More of 03/21/2006 l (I](A), 841 (b)(l)(C) & 846 Methamphetamine Mixture, to Dis'tr'ibute 50 Grat‘n$ or More of Methamphetamine Actual, and to l]istribute Cocaine Salt 21 U.S.C. §§ 841(=1)(1) & 841 Distribtttiol\ of 50 Grams or More of 11/22/2005 2 (b)(l)(A) Mcthamphetamine Actual The defendant is sentenced as provided in pages 2 through 6 ol` this judgment The sentence is imposed pursuant to the Sentencing Reform Act cf 1984. l:l The defendant has been found not guilty en ecunt(s) l'_'l (_."ourits are dismissed on the motion of the United States. IT IS ORDERED that the defendant i_nus_t notify the I.Jiiitcd States attomey_ for this district within 30 da s of a_n chan 'e of name, residence, or mailing address until lall tines, restitution,_costs, and special assessments imposed by this judgment are ully pat . if or ered to paj,,r restitution, the defendant must notify the court and United States attorney ot` material change in economic circumstances June 5, 2007 Date of lmposition ot`.ludgrrient -Qw). Signaiure ol` .T udicial Oft'icer Mark W. Bennett U.S. District Court Judge Nan'le and Title of Judicial Oft'iccr 6/6/0? mate " Case 5:06-cr-O4027-I\/|WB Document 162 Filed 06/06/07 Page 1 of 6 AO 2450 (Rev. 06/05) .ludgmerit in Criminal Casc Sheet 2 ~»» imprisonment ludgment _ Page 2 of § DEFENDANT: ALBERTO VILLALP’ANDO CASE NUMBER: CR06-4027-003-MWB IMPRISONMENT The defendant is hereby committed tc the custody of the United States Bui'eau of Prisons to be imprisoned for a total tenn ot`: 151 months. This term consists f 1 1 months on each of Counts 1 and 2 h `u erscdin Indictment to be served concurrent l The court makes the following reconunendations to the Bureau ofPrisons: lt is recommended that he participate in the Bureau ot'Prisens’ 500 hour Comprehensive Residential Drug Abusc Program. lt is recommended that he be designated to a Bureau ofPrisons facility in Texas, which is commensurate with his security and custody classification needs. l The defendant is remanded to the custody of the United States Marshal. |'_`| The defendant shall surrender to the Unitcd Etates Marshai for this district: |;l at |:| a.m. ij p,m, on |:| as notified by the United States Marshal_ i:l The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: i:| before 2 p.m. on |:| as notified by the United States Marshal. |I| as notified by the Frobation or Frei:rial Services Difice. RETURN I have executed this judgment as follows: Defendant delivered on to at , with a certified copy of this judgmentl UNITED S`l`A'l`E.S MARSHAL Br DEP'UTV UNlTED STATES MARSHA.L Case 5:06-cr-O4027-I\/|WB Document 162 Filed O6/O6/O7 Page 2 of 6 AO 2455 (Rev. 06!|]5) .ludgment iii a Crirninul Case Sheet 3 _ Supervised Re|ease " """""" ` § paranoiaer aLnEnTo vILLALPANDo case Nuiviasa: transacts-onsiteth SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for atemi of: 5 vca_rs. This term consists of 5 Ycars on ea f ounts 1 and 2 of the Su ers in Indictmcnt to be served cone rrent. 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 conunit another federall state or local criine. 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 at least two periodic drug tests thereafter, as determined by the court. l:l The above drug testing condition is suspended, based on thc court’s determination that the defendant poses a low risk of future substance abuse. (Cheek, if applicable.) l The defendant shall not possess a firearm1 aminunition, destructive device, or any other dangerous weapon. (Chcck, if applicable.) l 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.) l:| The defendant shall participate in an approved program for domestic violence. (Checlt, if applicable.`) lfthisfjudgment imposes a fine or restitution, it is a condition ofsupervised release that the defendant pay in accordance with the Seliedu|e o 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 on the attached page. STANDARD CONDITIONS OF SUPERVISION l) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) thf_e deEendant shall report to the probation officer and shall submit a truthful and complete Written report within the first five days o eac month; 3) thc 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 dependents 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; B) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate _wit_h 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; ll_`l) the defendant shall permit a probation‘officer to visit him or her at any time at home or else-where and shall permit confiscation of any contraband observed in plain view of the probation officer; l l) tl§g_ defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement o icer; 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 l?») as directed by the probation o_fficcr, the defendant shall notify third parties of risks that may be occasioned by_tjie dcfendant’s criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the tsa§ssst`osatrdiatrsr!ltharsh leMii?@ritaorsms‘-“lied 06/06/07 Page 3 of 6 AO 2455 (Rev. 06/05_) Judgmciit in a Crimina| Clase Shect JC _ Supcrviscd Rcleasc ludgment_Page § of § DEFENDANT: ALBERTO VILLALPAN'DO CASE NUMBER: CR06-4027-003-MWB §PEQIAL CONDITIDNS OF SUPERVISION The defendant must comply with the following special conditions as ordered by the Courr amf implemented by the U..S'. Probotc'on Offlce: The defendant shall participate in and successfully complete a program of testing and treatment for substance abuse. The defendant is prohibited from the use of alcohol and is prohibited from entering bars, taverns, or other establishments Whose primary source of income is derived from the sale of alcohol. The defendant shall submit to a search of his or her person, residence, adjacent structures, office or vehicle, conducted by a United States P'robation Off'icer at a reasonable time and in a reasonable manner, based upon reasonable sus icion of contraband or evidence of a violation of a condition of release; failure to submit to a search may be rottn s for revocation; he or she shall warn any other residents that the residence or vehicle may be sub_lect to searc es pursuant to this condition. This condition may be invoked with or without the assistance of aw enforcement, including the U.S. Marshals Service. If the defendant is removed or deported from the Unitcd States, he shall not re-enter unless he obtains prior permission from the Director of Homeland Security. Case 5:06-cr-O4027-I\/|WB Document 162 Filed O6/O6/O7 Page 4 of 6 AO 245}3 (Rev. 06/05) .ludginent iii a Crimina.l Case Shcct 5 _ Ciriminal Monct£i.l'y l"'enullies judgment -- Page § of § DEFENDANT: ALBERTO VILLALPANDO CASE l~l l,l MBER: CR06-4027-003-MWB CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Finc Restitutipn TOTALS $ 200 $ 0 $ 0 l:l The determination of restitution is deferred until . An Amenn'ed Judgmenr in o Cri'mz`nol C'osc (AO 245€) will be entered after such determination l:| '1`he defendant must make restitution (including community restitution) to thc following payees in the amount listed below. If the defendant makes a partial payment, each paLee shall receive an approximatelprroBoitioned ayment1 unless specified otherwise lin tlie priority order or percentage payment column elow. Howcver, pursuant to lS S . § 3664 i , all nonfederal victims must be paid before the l_Jnited States is paid. Name of Payee Tpta| Loss"' Restitution Ordered Priprity pr Percentagc TOTALS $ ii l:l Restitution amount ordered pursuant to plea agreement ii l:l The defendant must pay interest on restitution and a fine of more than $2,500. unless the restitution or fine is paid in full before the fifteenth day after the date ofthe judgment, pursuant to lll U.S.C. § 3612(f]. All of the payment options on Sbeet 6 may be subject to penalties for delinquency and default, pursuant to 13 U.S,C. § 3612(g). ill The court determined that the defendant does not have the ability to pay interest, and it is ordered that: l:l the interest requirement is waived for the l:| fine |:l restitution. l:l the interest requirement for tlie [l fine |I restitution is modifiedasfollows: * Find_ings for the total amount of losses are required under (_Ehapters 109A, 1 10, l lOA, and l l'.iA ofTitle lll, United States Code, for offenses committed on or alter September 13, 1994, but before April 2 , 1996. Case 5:06-cr-O4027-I\/|WB Document 162 Filed O6/O6/O7 Page 5 of 6 AO 2451:! (Rev. 06/05) .ludgment in a Criminal Case Sheet 6 _ Criminal lvlonetary Penaltics m ludginciit _ Pagc § of 6 DEFENDANT: ALBER'I`O VILLALPANI)O CASE NUMBER: CR06~4027-003-MWB SCHEDULE DF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows: A lI| l_.ump sum payment of $ due immediately, balance due Ei not later than ,or l:l in accordance with l:l C, |:l D, l:l E, or L__| Fbelow;or l Payinent to begin immediately (may be combined with |I| C, |:l D, or ll F below); or C l:| Payment in equal (e.g., weekly, monthlyl quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date ofthis judgment; or D |:l Payment in equal {e.g., wcckly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E |:| Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or F l:l Special instructions regarding the payment of criminal monetary penalties: Unless the court has expressly ordered otherwise, if thisjud ment imposes imprisomnent, payment of criminal monetary penalties is due durip imprison_m_e_nt. All crimina moneta penalties exceptt ose payments made through t e Federal Bureau of Prisons’ Inmate Financia Responsibility Program, arc made to e clerk ofthe court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed l:l Joint and Several Defendant and Co-Defendant Names and Case Numbers [including defendant number_`), 'I`otal Amount, .loint and Several Amount, and corresponding payec, if appropriatel l:l The defendant shall pay the cost of prosecution l:l The defendant shall pay the following court cost(s): l;l The defendant shall forfeit the defendant’s interest in the following property to the United Statcs: Payment_s shall be applied in _the foll_ow_ing order: fl? assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (ti) community restitution, (7) pena ties, and (8) costs, including cost of prosecution and court costs. Case 5:06-cr-O4027-I\/|WB Document 162 Filed O6/O6/O7 Page 6 of 6