United States v. Gutierrez

Sep 1, 2026
2:14-cr-00429

JUDGMENT AND PROBATION/COMMITMENT ORDER

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jose Luis Garcia, is hereby committed on Counts 1 and 7 of the Indictment to the custody of the Bureau оf Prisons for a term of ONE HUNDRED FIFTY-ONE (151) MONTHS. This term consists of 120 months on Count 1 of the Indictment, and 151 months on Count 7 of the Indictment, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 8 yeаrs. This term consists of 3 years on Count 1 and 8 years on Count 7 of the Indictment, all such terms to run concurrently under the following terms and conditions:

  1. The defendant shall comply with the rules and regulations of the United States Probation Office and General Order 05-02.
  2. 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 custody and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer.
  3. During the period of community supervision, the defendant shall pay the special assessment in accordance with this judgment‘s orders pertaining to such payment.
  4. The defendant shall cooperate in the collection of a DNA sample from the defendant.
  5. The defendant shall not associate with anyone known to him to be a member of the El Monte Flores Gang and others known to him to be participants in the El Monte Flores Gang‘s criminal activities, with the exception of his family members. He may not wear, display, use or possess any gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that defendant knows evidence affiliation with the El Monte Flores Gang, and may not display any signs or gesturеs that defendant knows evidence affiliation with the El Monte Flores Gang.
  6. As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the El Monte Flores Gang meet and/or assemble.
  7. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using alcohol and illicit drugs, and from abusing prescription medications during the period of supervision.
  8. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered treatment to the aftercare contractors during the period of community ‍‌‌‌‌​‌‌​​​​‌​​​‌​‌‌​‌‌‌‌​​​‌​‌​​‌​​​‌‌‌​​​‌‌‌​‌​‍supervision. The defendant shall provide payment and proof of payment as directed by the Probation Officer. If the defendant has no ability to pay, no payment shall be required.
  9. The defendant shаll submit his person, and any property, house, residence, or vehicle, to search at any time, with or without warrant, by any law enforcement or Probation Officer with reasonable suspicion concerning a violation of a condition of supervised release or unlawful conduct by the defendant, and by any Probation Officer in the lawful discharge of the officer‘s supervision function.

The Court authorizes the Probation Office to disclose the Presentence Report to the substancе abuse treatment provider to facilitate the defendant‘s treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of thе sentencing judge.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons’ Inmate Financial Responsibility Program.

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.

The defendant is advised of his right to appeal.

The Court grants the Gоvernment‘s request to dismiss all remaining counts as to this defendant only.

The Court recommends to the Bureau of Prisons that the defendant be housed at a facility located in Southern California and be permitted to participate in the 500-hour drug progrаm (R-DAP).

IT IS SO ORDERED.

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 supervision, reducе or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

July 14, 2017

John A. Kronstadt, U. S. District Judge

It is ordered that the Clerk dеliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

September 1, 2026

By /s/ M. Lindaya

Maria Lindaya, Deputy Clerk

The defendant shall comply 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:

  1. The defendant shall not commit another ‍‌‌‌‌​‌‌​​​​‌​​​‌​‌‌​‌‌‌‌​​​‌​‌​​‌​​​‌‌‌​​​‌‌‌​‌​‍Federal, state or local crime;
  2. the defendant shall not leave the judicial district without the written permission of the court or probation officer;
  3. the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month;
  4. the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
  5. the defendant shall support his or her dependents and meet other family responsibilities;
  6. the defendant shall work regularly at a lawful occupation unless excused by the probаtion officer for schooling, training, or other acceptable reasons;
  7. the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment;
  8. the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a рhysician;
  9. the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;
  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;
  13. the defendant shall not enter into any agreеment 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;
  15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;
  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 below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or restitution is paid in full before the fifteenth (15th) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may bе subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not applicable for offenses completed prior to April 24, 1996.

If all or any portion of a fine or rеstitution ordered remains unpaid after the termination of supervision, the defendant shall pay the balance as directed by the United States Attorney‘s Office. 18 U.S.C. §3613.

The defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant‘s ‍‌‌‌‌​‌‌​​​​‌​​​‌​‌‌​‌‌‌‌​​​‌​‌​​‌​​​‌‌‌​​​‌‌‌​‌​‍mailing аddress or residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the defendant‘s economic circumstances that might affect the defendant‘s ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust the manner of payment of a fine or restitution-pursuant to 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 (pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United States is paid):
    • Non-federal victims (individual and corporate),
    • Providers of compensation to non-federal victims,
    • The United States as victim;
  3. Fine;
  4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
  5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate financial statement, with supporting documentation as to all assets, income and expenses of the defendant. In аddition, the defendant shall not apply for any loan or open any line of credit without prior approval of the Probation Officer.

The defendant shall maintain one personal checking account. All of defendant‘s income, “mоnetary gains,” or other pecuniary proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, shall be disсlosed to the Probation Officer upon request.

The defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

RETURN

I have executed the within Judgment and Commitment as follows:

Defendant delivered on to

Defendant noted on appeal on

Defendant released on

Mandate issued on

Defendant‘s appeal determined on

Defendant delivered on to

at

the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Cоmmitment.

United States Marshal

By

Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my legal custody.

Clerk, U.S. District Court

By

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) extend the term 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.

(Signed)

Defendant Date

U. S. Probation Officer/Designated Witness Date

NOTICE PARTY SERVICE LIST

Case No. Case Title

Title of Document

  • ADR
  • BAP (Bankruptcy Appellate Panel)
  • BOP (Bureau of Prisons)
  • CA State Public Defender
  • CAAG (California Attorney General‘s Office - Keith H. Borjon, L.A. Death Penalty Coordinator)
  • Case Assignment Administrator
  • Chief Deputy – Administration
  • Chief Deputy – Case Processing
  • Chief Deputy – Judicial Services
  • CJA Supervising Attorney
  • Clerk of Court
  • Death Penalty H/C (Law Clerks)
  • Deputy-in-Charge Eastern Division
  • Deputy-in-Charge Southern Division
  • Federal Public Defender
  • Fiscal Section
  • Intake Section, Criminal LA
  • Intake Section, Criminal SA
  • Intake Supervisor, Civil
  • Managing Attorney, Legal Services Unit
  • MDL Panel
  • Ninth Circuit Court of Appeal
  • PIA Clerk - Los Angeles (PIALA)
  • PIA Clerk - Riverside (PIAED)
  • PIA Clerk - Santa Ana (PIASA)
  • PSA - Los Angeles (PSALA)
  • PSA - Riverside (PSAED)
  • PSA - Santa Ana (PSASA)
  • Statistics Clerk
  • US Attorney‘s Office - Civil Division -L.A.
  • US Attorney‘s Office - Civil Division - S.A.
  • US Attorney‘s Office - Criminal Division -L.A.
  • US Attorney‘s Office - Criminal Division -S.A.
  • US Bankruptcy Court
  • US Marshals Service - Los Angeles (USMLA)
  • US Marshals Service - Riverside (USMED)
  • US Marshals Service - Santa Ana (USMSA)
  • US Probation Office (USPO)
  • US Trustee‘s Office
  • Warden, San Quentin State Prison, CA
  • Warden, Central California Women‘s Facility

ADD NEW NOTICE PARTY (if sending by fax, mailing address must also be provided)

Name:

Firm:

Address (include suite or floor):

*E-mail:

*Fax No.:

* For CIVIL cases only

JUDGE / MAGISTRATE JUDGE (list below):

Initials of Deputy Clerk ______