United States v. Silva

3:15-cr-03197 | S.D. Cal. | Sep 22, 2016

Case 3:15-cr-03197-LAB Document 43 Filed 09/22/16 Page| ). 181 lFW§l,u <%M, §" AO 245B (CASDRev. 08/ l 3) Judgment in a Criminal Case SEP 22 2016 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SOU$&§§§ §.§§H‘$‘S; §§HE§RN!A BY M DEPUTY UNITED sTATEs OF AMERICA JUDGMENT 1N A chMu'~°IXL"cAsE V_ (For Off`enses Committed On or Aiter November 1, 1987) JENNIFER SiLVA Case Number: 15CR3 197-LAB CASEY J. DONOVAN, CJA Defendant’s Attorney REGISTRATIoN No. 516772298 l:] _ pleaded guilty to count(s) @NE OF THE INFORMATION l:l after a plea of not guiltv. Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s): Count Title & Section Nature of Offense ` Number(sl 21 USC 952,960 IMPORTATION OF COCAINE l The defendant is sentenced as provided in pages 2 through 4 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) are dismissed on the motion of the United States. w Assessment : $lO0.00 No fine 13 Forfeiture pursuant to order filed , included herein. lT IS ORDERED that the defendant shall 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 by this judgment are fully paid. lf ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant’s economic circumstances Ser)tember 19. 2016 Date of I?`/;osition of Senteo(: HON. LARRY ALAN BURNS UNITED STATES DISTRICT JUDGE lSCR3 197-LAB `~_, ;;,, Case 3:15-cr-03197-LAB Document 43 Filed 09/22/16 Page|D.182 Page 2 of 4 AO 245B (CASD Rev. 08/13) Judgment in a Crirninal Case DEFENDANT: JENNIFER SILVA Judgment - Page 2 of 4 CASE NUMBER: 15CR3197-LAB . IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of: 46 MONTHS E Sentence imposed pursuant to Title 8 USC Section 1326(b). >E The court makes the following recommendations to the Bureau of Prisons: PARTICIPATE IN THE RESIDENTIAL DRUG ASSESSMENT PROGRAM. FCI DUBLIN OR FCI VICTORVILLE DESIGNATION PI< The defendant is remanded to the custody of the United States Marshal. The defendant shall surrender to the United States Marshal for this district: |:| at A.M. on |:l as notified by the United States Marshal. m The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: E on or before |:| as notified by the United States Marshal. [| as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: Defendant delivered on to at _ , with a certified copy of this judgment UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL 15CR3 197-LAB 1 1 ~,<,r Case 3:15-cr-O3197-LAB Document 43 Filed 09/22/16 Page|D.183 Page 3 of 4 AO 245B (CASD Rev. 08/13) Judgment in a Criminal Case DEFENDANT: JENNIFER SILVA Judgment - Page 3 of 4 CASE NUMBER: 15CR3197-LAB SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: 3 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 of Prisons unless removed from the United States. The defendant shall not commit another federal, state or local crime. F or offenses committed on or after September 13, 1994: The defendant shall not illegally 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. Testing requirements will not exceed submission of more than 3 drug tests per month during the term of supervision, unless otherwise ordered by court. m 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. ® The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backlog Elirnination Act of 2000, pursuant to 18 USC section 3583(a)(7) and 3583(d). The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et l:l seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check if applicable.) The defendant shall participate in an approved program for domestic violence. (Check if applicable.) If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment The defendant shall 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 officer; 4) the defendant shall support his or her dependents and meet other farnin 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; 8) 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 felony, unless granted permission to do so by the probation officer; 7 10) the defendant shall permit a probation officer to visit him or her at any time at horne or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; 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 of 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 and shall permit the probation officer to make such notifications and to confirm the defendant’s compliance with such notification requirement 15CR3 197-LAB Case 3:15-cr-03197-LAB Document43 Filed 09/22/16 Page|D.184 Page40f4 AO 245B (CASD Rev. 08/13) Judgment in a Criminal Case DEFENDANT: IENNIFER SILVA Judgment - Page 4 of 4 CASE NUMBER: 15CR3 l97-LAB // SPECIAL CONDITIONS OF SUPERVISION Submit your person, property, residence, office or vehicle to a search, conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release; failure to submit to a search may be grounds for revocation; the defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition. . Report all vehicles owned or operated, or in which you have an interest, to the probation officer. . Not enter and reside in the Republic of Mexico. . 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 provider. The defendant shall be tested 3 times a month for l year. The probation officer may modify testing after one year if no dirty tests are reported. . Seek and maintain full time employment and/or schooling or a combination of both. . Court will consider early termination of supervised release after 18 months. 15CR3 197-LAB