United States v. CRUZ-MANCILLA

2:10-cr-00253 | E.D. Pa. | Jul 9, 2010

t§AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet l UNITED STATES DISTRICT COURT Eastern District of Pennsylvania UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE V. USM Number: 65201-066 Elizabeth Toplin, Esq. Defendant’s Attomey THE DEFENDANT: X pleaded guilty to count(s) l ij pleaded nolo contendere to count(s) which was accepted by the court. |:l was found guilty on count(s) after a plea of not guilty. 'l`he defendant is adjudicated guilty of these offenses: Title & Section Nature of Offense Offense Ended Count 8:1326(a) Re-entry after deportation 3/24/2010 l The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. I:] The defendant has been found not guilty on count(s) l:] Count(s) I:l is |:l are dismissed on the motion of the United States. ' . lt is ordered t_hat the defendant_must 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 l_)y this judgment are fu ly paid. lf ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances July 7, 2010 .»“"$ / ,\DaTe'c`)'f`I osition of/,Hid y /,~`:,~ v 25 /¢ _,'/'L_//g____..»-'~\ CC l 2c C U g M Signature of dge 2<. c L/{ § pro lea-h nw 1 / `\\_M w w 1:. T@p\.o rea o@f. l JOHN R. PADOVA, USDJ EDPA _T" N Cl Y l f\ [4' /l Name and Title ofJudge \”l<°CA/L 7~£"” wm (’ L l.d Date J>TS AO 245B (Rev. 06/05) Judgment in Criminal Case Sheet 2 _ lmprisonment Judgment _ Page 2 of DEFENDANT: CRUZ-MANCILLA, JIMMY CASE NUMBER: DPAEZ: l 0CR000253-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: Time equal to the amount of time served. l:l The court makes the following recommendations to the Bureau of Prisons: __X_ The defendant is remanded to the custody of the United States Marshal. |:] The defendant shall surrender to the United States Marshal for this district: l:l at l:l a.m. [:l p.m. on |:l as notified by the United States Marshal. \:l The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: l:l before 2 p.m. on l:l as notified by the United States Marshal. |:l as notified by the Probation or Pretrial Services Office. RETURN l have executed this judgment as follows: Defendant delivered on to a , with a certified copy of this judgment UNiTED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 3 - Supervised Re|ease Judgment_Page 3 of 6 DEFENDANT: CRUZ-MANCILLA, JIMMY CASE NUMBER: DPAEZ: lOCR000253-001 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of : No Supervised Release 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 at least two periodic drug tests thereafter, as determined by the court. ij l:l|><|>< [l 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.) 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 `udgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule 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. l) Z) 3) 4) 5) 6) 7) 3) 9) 10) ii) 12) 13) STANDARD CONDITIONS OF SUPERVISION the defendant shall not leave the judicial district without the permission of the court or probation officer; the ldefend}z]lnt shall report to the probation officer and shall submit a truthful and complete written report within the first five days of eac mont ; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 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; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 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 pro ation officer; 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; the defendant shall notify the probation officer within seventy-two hours of being arrested by a law enforcement officer; 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 as directed by the robation officer, the defendant shall notify_third parties of risks that may be occasioned by the defendant’s criminal record or persona_ history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant’s compliance with such notification requirement AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 3C _ Supervised Release J udgment-Page 4 of 6 DEFENDANT: CRUZ-MANCILLA, JIMMY CASE NUMBER: DPAEZ: lOCR000253-00] SPECIAL CONDITIONS OF SUPERVISION The defendant shall not commit another federal, state, or local crime and shall comply with the 13 standard conditions that have been adopted by this court, and shall comply with the following additional conditions: The defendant shall not possess an illegally controlled substance. The defendant is prohibited from possessing a firearm or dangerous device. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant shall cooperate with Immigration and Customs Enforcement to resolve any problems with his status in the United States. The defendant shall provide truthful information and abide by the rules and regulations of the Bureau of Immigration and Customs Enforcement. If deported, the defendant shall not re-enter the United States Without the written permission of the attorney General. If the defendant re-enters the United States, he shall report in person to the nearest Probation Office within 48 hours. lt is ordered that the defendant shall pay to the United States a special assessment of 5100.00, which shall be due immediately. The Court finds that the defendant does not have the ability to pay a fine. The Court will waive the fine in this case. AO 24513 (Rev. 06/05) Judgment iri a Criminal Case Sheet 5 _ Criminal Monetary Penalties Judgment _ Page 5 of 6 DEFENDANT: CRUZ-MANCILLA, JIMMY CASE NUMBER: DPAEZ: 10CROOO253-001 CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution TOTALS S 100.00 $ 0 $ 0 l:l The determination of restitution is deferred until . An Amended Jua’gment in a Criml`nal Case (AO 245C) will be entered after such determination. i:l The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the _def_endant makes a partial payment, each payee shall receive an approximatelyjpro ortioned ayment, unless specified otherwise in the priority order or percentage payment column elow. However, pursuant to 18 .S. . § 3664 i), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss* Restitution Ordered Priority or Percentage TOTALS $ 0 $ 0 Restitution amount ordered pursuant to plea agreement $ [:| 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 of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). [] 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 \:I restitution. [l the interest requirement for the [:] fine |:] restitution is modified as follows: * Findings for the total amount of losses are required under Chapters 109A, l 10, 1 lOA, and l 13A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. AO 245B (Rev. 06/05) Judgment in a Criminal Case Sheet 6 - Schedule of Payments Judgment _ Page 6 of 6 DEFENDANT: CRUZ-MANCILLA, JIMMY CASE NUMBER: DPAEZ: 10CR()00253-001 SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows: A § Lump sum payment of $ 100.00 due immediately, balance due § not later than ,or § in accordance § C, § D, § E, or § Fbelow; or B § Payment to begin immediately (may be combined with § C, § D, or § F below); or C § Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of (e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or D § Payment in equal (e.g., weekly, 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 § Special instructions regarding the payment of criminal monetary penalties: Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due durin imprisonment, All crimina moneta penalties, except those payments made throug the Federal Bureau of Prisons’ Inmate Financia Responsibility Program, are made to t e clerk of the 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), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate l:l The defendant shall pay the cost of prosecution. l:l The defendant shall pay the following court cost(s): [:l The defendant shall forfeit the defendant’s interest in the following property to the United States: Payments shall be applied in _the following order: (l? assessment (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) pena ties, and (8) costs, including cost of prosecution and court costs,