United States v. Perales

5:06-cr-04005 | N.D. Iowa | Oct 25, 2006

AU 245|-] (Rev. 06/[)5] ]ui.igmenl in a Ct'iminal C‘.t`i.se Zii'heet l United States D1str1ict Court NORTH'ERN DISTRICT OF IOWA UNITED STATES OF AMER]CA .IUDGMENT IN A CRIMINAL CASE V. ROGER PERALES CE!.SE Nl.lmbel': CRUG-4005-[|i]l-DEO USM Nt.lmbel': 03203-{]29 ]]uugla§,Roel_i_irich Dci`cndant`s »"\tti:\rnc;il THE DEFENDAN'I`: l pleaded guilty to couiit(_s) 1 and 2 of the Superseding Indictment |;l pleaded milo contendere to count{s) which was accepted by thc c:Ourt. |:| was found guilty on count{s) after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Titte & Seetiuii Natiire of Offeuse Oi`i`ense Ended Coiint 21 U.S.C. §§ 341(:1)(1), 841(b) Conspiracy to I)istrihute 500 Grams or more of ill/31/2005 1 (i)(A),, 846 & 851 Mcthamphetamioe Mixture Within a Protectetl Location After a Conviction for a Fclony Drug Oi`fensi: 21 U.S.C. §§ 341(&1)(1), 341(_1)) l)istrihute 50 Grams or more of Mcthamphetamine 06/{]3/2005 2 (l)(A) & 351 Actual Mixture Within a P'rotected Location At'ter A Convii:tion for a Felony Driig Oi`i'ense Tlie defendant is sentenced as provided in pages 2 through 6 ofthis judgment The sentence is imposed pursuant to the Sentencing Reform Act of 1984. l:| The defendant has been found not guilty on eount(s) |T| Count(s) |li is |:| are dismissed on the motion of the tlnitod Statcs. l"l" iS ORDER_ED that t_he defendant I_nus_t notify the United_ States attornoy_ for this district within 30 da[ys of aig chan e of name, residence_. or mailing address until all fines, rcstitution,_costs, and special assessments imposed by this judgment arc lully pat . l'i"or erod to pay restitution, the defendant must notify the cniirt and United States attorney ofinaterial change in economic circumstances October 23, 2006 Datc of [niposit.ion of.ludgmcnt /(…"' § U.i;))"*b:»/ Signaturci n|`.i-Ediciai ()i`|'iui:r I)onald E. O’Brieii Seniol‘ U.S. Distl'ict Court .Iudge Nami: and 'l`it|e ni`.iLtdiui:ll Oi'ficer /d.//?§. &é? Datc AD 245|3 (Rcv. 06/05} Judgmcnt in Crimina| Casc Sheet 2 _ imprisonment h h .ludginent Page 2 of 6 DEFENDANT: ROGER P'ERALES casts Nutvturstt: CR06-4005-001-DEO IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau oi` F'risons to tie imprisoned for a total tertn of: 240 munths. This term consists of 240 months mt each of Co__u_nts 1 and g of the Sugerseding Indictment, tn be served concurrently l The court makes the following recommendations to the Bureau of Frisnns: It is recommended that he participate in the Bureau of Prisons’ 500 hour Comprehensive Residential l]rug Abusc Program. It is recommended that he be designated to Waseca or Rochester, Minnesota. l 'I`he defendant is remanded to the custody of the United States Marslial. l:| The defendant shall surrender to the United States Marslial for this district.' l_._.l at l:l a.n'l. l"_'l p.rn. on |:| as notified by the l_lnited States Marshal. l:| The defendant shall surrender for service ofsentence at the institution designated by the Bureai.i rif Pri‘siins; l:l before 2 p_rn_ on |:l as notified by the United States Marshai. l:l as notified by the Probation or Pretrial Services Ol`fice, RETURN l have executed this judgment as follows: Defendant delivered oti to at _, with a certified copy ofthisjudg,ment. ilNl'ri~fiJ S'rA‘I"I~`.S MARsHAi, BY DEP[_|TY UNlTED STATES MARSi'i/‘i[_ AO 24$|3 (Rev. 06/05) ludginent iii a Criini`nal Casc Sheel 3 _ '.'iupervised Relea.se ludi_tritcnt_l’agc 3 Of A*_' DEFENDANT: R(]GER PERALES CASL". NUMBER: CR‘](i-‘l[lilS-[llll-DEO SUPERVISED RELEASE tlpon release from imprisonment the defendant shall be on supervised release for a term of: 10 years on each of Counts 1 and 2 of the §uperseding Indictmcnt. to he served concurrently. The defendant must report to thc probation office in the district to which tlie defendant is released within 72 hours of release frotn 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 'I;he defendant shall lrefrain froin any unlawful usel of a controlled substancel The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter1 as determined by the court. I_`l Thc above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of future substance abuse. (Checlc_, if applicable.) l The defendant shall not possess a firearm, ammunition, destructive device1 or any other dangerous weapon. (_Checlt, if applicable.) l The defendant shall cooperate in the collection of DNA as directed by thc probation ol"ficer_ (Checl<, if applicable.) |:l The defendant shall register with the state sex offender registration agency iii the state where the defendant resides1 works, or is a student, as directed by thc probation officer (Checlc, if applicable.) |Ti The defendant shall participate in an approved program for domestic violence (Clieck, if applicable,) [t` this `udgment imposes a fine or restitution1 it is a condition of supervised release that the defendant pay in accordance with the Schedule o Payments sheet of this judgment 'fhe defendant mtist comply with t.he standard conditions that have been adopted hy this court as well as with any additional conditions on thc attached page STAN DARD CON DITION S ()F 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 and shall submit a truthful and complete written report within thc first five days of each inonth; 3) the 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 cxcessiyc usc of alcohol and shall not purchaseJ possess, use1 distribute, or ad_m_inister 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 with any persons engaged in criminal activity and shall not associate with any person convicted of a felony1 unless granted permission to do so by the probation officer; l{l) the defendant shall permit a probation_officer to visit him or her at any time at home or elsewhere and shall permit confiscation ofany contraband observed in plain view of the probation officer; l ll the defendant shall 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 oi`a law enforcement agency without the permission of the court; and 13) 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 ar_id shall permit the probation officer to make such notifications and to confirm the delendant`s compliance with such notification requireinent. A(_l 2455 {_Rcv, 0(1{05) .ludgmcnt in .i-t L§riniini.tl flaw direct Elt_`. _ ."_~`»upcrviscd Rcicasc ludgment_li'i.tge 4 of fl Dijl`~`ENDANT: ROGER PERALES CASE NUMBER.' CR06-4005-00] -DEO SPECIAL CONDITIONS OF SUPERVIS]ON 1. The defendant shall participate iii a program of testing and treatment for substance abuse, as directed by the probation officer, until such time as he is released from the program by the probation officer. 2. The defendant shall partici ate in a program of testing and treatment for drug ahusc, as directed by his probation officer, until sue time as e is released from the program by the probation oft'icer; however, through counsel he ma petition the Ccurt to he excused from participation in a specific substance abuse treatment com orient if e can demonstrate that he successfully completed comparable treatment while in the custody of the ureau of Prisons. 3. The defendant is irohihited from the use oi' alcohol and he is prohibited from frequenting bars, taverns, or other establishments w ose primary source ot` income is derived from the sale ot' alcoho . /\O 245}3 [R.cv. 06/05) Jtldgiiicnt in a (_`.i'iml`na| t.?asi: $hi:et 5 _ C`Irin'iina| Miinelary Penallies .ludgment _ Page § cf § DE|~` ENDANT; ROGER PERALES CASE N LJMBER: Cl{thi-4tit)5-t]til-])EO CRIMINAL MONETARY PENALTIES Thc defendant must pay the total criminal monetary penalties under the schedule o[` payments on Shcct. 6. Assessment Finc Restitution TO'I`ALS $ 200 .‘.li U $ 0 |:l 'l`he determination of restitution is deferred until . An Anicnn'ed Judgme.~ii' in a Cri`minal C.iise (AO 245€) will be entered alter such determination l_`| The defendant must make restitution (including, community restitutiin to the following payees in the amount listed below. If the defendant makes a partial payment1 each payee shall receive an approximately Lprogoitioncd _aymcnt1 unless specified otherwise lin the priority order or percentage payment column clow, Howcvcr1 pursuant to lE S. . § 31\5<54811 , all nontederal victims must bc paid before thc Unitcd States is paid. Name of l’ayee Total Loss“r Restitution Ordercd Friority or Percentagc TOTALS $ $ l:l Restittition amount ordered pursuant to plea agreement $ |;l `I`lic defendant must pay interest on restitution and a fine ot`more than $2,500, unless the restitution or line is paid in full before the fifteenth day alter the date ofthe judgment1 pursuant to 18 U_S_C. § 3612(f}_ All of the payment options on Slieet 6 may be subject to penalties for delinquency and default, pursuant to 13 U.S.C. § 3612(§], t`.`.] The court determined that the defendant does not have the ability to pay interest, and it is ordered tbat: |:| the interest requirement is waived for the ill line |J restitution |:l the interest requirement for the |:l fine |:l restitution is inodifiedasfollows; * Findings for the total amount of losses are required under f_§liapters 109A, l 10, l lUA, and l lBA of Title l B_, Llnitcd Statcs Codcl1 for offenses committed tin or after Scplcrnber 13, l‘}‘=lél, but bcl"oi‘c Apt‘ll 2 , ll)‘§lt‘). At'i 24513 {Rev. 06/05) Jiidgmcnt iii a Criiiiinal Case Shcct b _ (_Triminal Monet.i-iry l-’i:nallics Judgment Page 15 of 6 r)F.FF.N DANT: Rt)GEtt PERALES CAss Nuivinint: CR06-4005-001-DEO SCHEDULE OF PAYMENTS Having assessed the dcfcndant’s ability to pay1 payment of the total criminal monetary penalties are due as follows: A El I.ump sum payment of $ dtie immediately, balance due |:| not later than , or |:| in accordance with l:| C, l:l D, |:l E_. or lTl F below_; or Payment to begin immediately (inay be combined with l:l C, l:l D, or |Ti F below); or C l:l Payment in equal (e‘g., weekly1 monthly, quarterly) installments of $ over a period of (c.g_, months or years), to commence (_e.g., 30 or 60 days) after the date ot`this judgment; or D l:l Payment in equal (e.g., weekly_, monthly1 quarterly) installments of $ over a period of (e.g,, months or years`)_1 to commence (c_g_1 30 or 60 days) after release from imprisonment to a tenn ot`supervision; or E l] 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 |J Speeial instructions regarding the payment of criminal monetary penalties‘. ll_lnle_ss the court has expressl ordered otherwise if this jud yment imposes iinprisonment_. payment o f criminal monetary penalties is due durii_i- imprisonment All crimina moneta penalties1 except t ose payments made through t e Federal Bureau of Ptisons1 inmate Financia Responsibility Program, are made to t e clerk ot the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. l:l Joint and Sevei'al Defcndant and Co-Defendant Names and (_`.ase Numbei‘s (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate l:l 'l`he defendant shall pay the cost of prosecution. |:l Tlie defendant shall pay the following court eost(s): _F] The defendant shall forfeit the dc‘l"cnclant’s interest iri thc hollowng property to the llnitcd Slaics: Payi_rients shall be applied iii _the following order: (1? assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest1 (t'i) community restitution1 (7) pena ties1 and {S) costs1 including cost of prosecution and court costs.