United States v. Mendoza-Salazar

3:11-cr-04730 | S.D. Cal. | Feb 9, 2012

Case 3:11-Cr-O4730-GT Document 20 Filed 02/09/12 PagelD.B? Pagelof4 F l LE D %A() 3453¢(',\51)) ¢R¢v_ |_').-‘| ii Judgment in a C`riminal Case she¢ii FEB 0 9 Q{Jl?.. CLEHI(, U.S. DIS¥`R|C'E` COURT UNITED STATES DISTRICT Cot m®~msinm-ommmm BV nEPuw SOUTHERN DlSTRlCT OF CALIFORNIA uNiTED sTATi~:s oF AMERICA .IUDGMENT lN A CRIM|NAL CASE v_ (l"or Of`i`enses Committcd On or /\l`ter Novcmbcr l. 1987l VICTOR MENDOZA-SALAZAR (l ) Case Number: l iC`R4730-GT aka Jaime Mendoza»Salazar ROBERT C. SCHLE|N Defent‘lan|`s .‘\ttome_\' RF,G l STRAT]ON NO. 294 76298 'niE i)i;i~i;‘Ni)ANi‘: pleaded guilty 10 mum($) oNE oF THE iNFORMATioN [:} was l`ound guilty on count(s) after a plea ol` not guilty1 Accordingl_v. the defendant is adjudged guiltyl oi`$uch count(s). which involve the following ol`i`ensc(s): Count Titie & Section Nature of Offense M(§l 8 USC 1326 DEPOR'I`ED ALIEN FOUND IN THE UNITED STATES 1 The defendant is sentenced as pro\ ided tn pagesZ through 4 ol` this `udaincnl. The sent \nce is inn used ursuant to the Senlencing Rel`orm Act of` 1984 `l " ry p p E| l`he defendant has been l`ound not guilty on count{s) |:| L`ount(s) is m arco dismissed on the motion ot`the United States. Assessment: SIOO.{)O - to be paid through Inmatc Financial Ri:sponsibilit)l Prograin. Finc waived m Forfeiture pursuant to order filed _ included herein. IT lS ORI)ERED that the defendant shall notify the Unitccl Statcs Atloriiey t`or this district within 30 days of any change ol`name. residence or mailing address until all lines. restitution costs. and special assessments imposed b_v thisjudgmcnt are fully paid. lt`oi'dcred to pay restitution the defendant shall notil`y the court and Unitcd Statcs Attorriey ot`any material change in the del`endant's economic circumstances Date of iposition ot` Sentcn e HON. GORDON ri iioMPsOi(_.iR. l.lNlTEl) S'l`A`l`ES DlS l`RlL"l` JUDGE l lCR4730-GT Case 3:11-cr-O4730-GT Document 20 Filed 02/09/12 PagelD.BS PageZof4 AO 2451% (C/\SD} tRc\i |2 lll .ludgineni ina Crimiiiit| Casc S|ieet 3 m |niprisoninem __ .liidgmenl l’ape 2 ol` 4 DEFENDANT: VICTOR MENDOZA-SALAZAR ( ]) CASE NUMBER: ]lCR4730_GT IMPRISONMENT The defendant is hereby committed to the custody ofthe l_inited States Bureau of Pi'isons to be imprisoned for a term of NlNETEEN (19) MONTHS i:l Sentenee imposed pursuant to 'I itle 8 USC Section 1326th). |:| The court makes the following recommendations to the Bureau ol'Prisons: l:| The defendant is remanded to the custody ofthe United States Marshal. |:| The defendant shall surrender to the United States Marsha| for this district: |:|at ______ |:]a.rn. [|p.m. on as notified by the United States Marsha|. Ij The defendant shall Surrender for service of sentence at the institution designated by the Bureau of Prisons: l:l before m as notified by the United States Marsha|. |___l as notified by the Probation or Pretrial Serviees Ol`tice. RETURN l have executed thisjudgment as follows: l)e|`endant delivered on to at , with a certified copy of this judgment uNiTED STATEs MARsi iAi, By DEPUTY ll.NlTED STATES MARS}[A[. l lCR4730-GT Case 3:11-cr-O4730-GT Document 20 Filed 02/09/12 PagelD.59 PageSof4 AO 245B (CASD) lRev. lZfl ]].ludgment in a C`riminal Case Sheet 3 - - Supcrviscd Releasc Juclgment Page 3 of 4 DEFENDANTZ VICTOR MENDOZA-SALAZAR (l) CASE NUMBERI llCR4730-GT SUPERVISED RELEASE Up on release from imprisonment, the defendant shall be on supervised release for a term of: Tl'lRl-ll'l t3) YEARS. The defendant shall 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 ofPrisons. The defendant shall not commit another federa|, state or local crime. For o_)j*'enses committed on or after Seprember !3, 1994.' The defendant shall not illegally possess a controlled substancel The defendant shall refrain from any unlawful use ofa controlled substancel 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. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court. 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 applicablc.) The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. 'fhe defendant shall cooperate in the collection ofa DNA sample from the dcfcndant. pursuant to section 3 ofthc DNA Analysis Backlofg l~j|iminatioii Act onQ(){L pursuant to |8 llSC sections 3563(a) i') and 3_583(d). _ _ _ ‘ _ [:| The de endant shall comply with the requirements ofthe Sex Offender egistration and Notification Aet (42 U.S.C. § 16901` et seq.) as directed by the probation ofticer\ the Bureau of Prisons, or any state sex offender registration agency iri which he or she resides, works, is a student, or was convicted ofa qualifying offense (Check if applicablc.) |____l The defendant shall participate in an approved program for domestic violence. (Check, if applicablc.) If this judgment imposes a line or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement ofthc term of supervised release in accordance with the Schedule of Payments set forth in this judgment. The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed. STANDARD CONDITIONS OF SUPERVISION l) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer: 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation oft`icer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawhrl occupation, unless excused by the probation officer for schooling, training, or other acceptable rcasons; 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; 8) the defendant shall not frequent places where controlled substances are illegally sold1 used, distributed, or administercd; 9) 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; |0) the defendant shall permits probation officer to visithim or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view ofthe probation ofl~iecr; l l) the defendantshall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 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 13) as directed by the probation officer, the defendant shallnotify third parties ofrisksthatmay be occasioned by the defendant's criminal record or personal_history_ or characteristics and shall permit the probation ofEcer to make such notifications and to confirm the defendant’s compliance with such notification requirement. llCR4730-GT Case 3:11-Cr-O4730-GT Document 20 Filed 02/09/12 Page|D.GO Page40i4 AO ZJSB (CASD) tRev |2.`1 l Jiidgment in a (_`rirninal Case Sliect 4 Spccial Coiidiiions § t Jiidgrneiit_Pagc j oi ____4,__ DEFENDANT: VIC`TOR MENDOZA-SALAZAR (l) CASE NUMBER'. llCR4730-GT SPECIAL C()NI)ITIONS OF SUPERVISION Submit to a search of person, property, residence abode or vehicle at a reasonable time and in a reasonable manner, by any law enforcement officer. If dcportcd, excludcd, or allowed to voluntarily return to country of origin` not reenter the United States illegally and report to thc probation officer within 24 hours of any reentry to the Unitcd States: supervision waived upon deportation. exclusion or voluntary departure L__l Not transpon, harbor, or assist undocumented alicns. |:] Not associate with undocumented aliens or alien smugglers Not reenter the Unitcd States illegally |:| Nol enter the Republic of Mexico without written pcmiission of the Couit or probation officer. g choit all vehicles owned or operated. or in which you have an intcrest, to the probation officer. |:i Not possess any narcotic drugr or controlled substance without a lawful medical prescriptionl |:| Not associate with known users of, smugglers of1 or dealers in narcotics controlled substances, or dangerous drugs in any form. i:i Participatc in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a psychiatrist/physician, and not discontinue any medication without permission The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider_ May be required to contribute to thc costs of services rendered in an amount to be determined by the probation officer, based on the defendants ability to pay_ [:| Take no medication containing a controlled substance without valid medical prescription. and provide proof of prescription to the probation officcr, if directed. |:] Providc complete disclosure of personal and business financial records to the probation officer as requested m Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the probation officer. i:i Scek and maintain full time employment and/or schooling or a combination ofboth. ij Rcsolvc all outstanding warrants within days. |:| Complete hours of community service in a program approved by the probation officer within |:| Rcsidc in a Rcsidential Reentry Center (RRC) as directed by the probation officer for a period of l:| Participate in a program of drug or alcohol abuse treatment. including urinalysis or sweat patch testing and counseling, as directed by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment providcr. l\/lay bc required to contribute to the costs of services rendered in an amount to be determined by the probation officer` based on the defendant's ability to pay. llCR4730-GT