United States v. Suarez Fierro

8:08-cr-00111 | M.D. Fla. | Sep 25, 2008

Case 8:08-Cr-OOlll-.]S|\/|-TBI\/| Document 107 Filed 09/25/08 Page 1 of 6 Page|D 231 AO 245B (Rev 06!05) Sheet l - Jtzd§ment in a Ci'iln`znal Case U/V/TED STA TES D/STR/CT COURT MIDDI,E, D§.STRICT OF §LOR§`DA TAl\/IPA D§V§SIGN LFNZTED STATES OF AMERlCA JUDGMENT IN A CRIMINAL CASE CASE NUMBER: S:()S-Cr-l l `i-T~BO'TBM USl\/l ?\EUMBER: 50033~(}18 \-'s, ARMANDO RODR.lGUE-Z De?endant's Attorney: Alec Hall, pda. IHE DEFENDANT¢ _X_ pleaded guilty to count(s) SIX of the Indi¢.§men;;_ m pieaded nolo contendere to connt(s) Whicli was accepted §oy the court __ Was found guilty on eonnt{s) after a plea of not gai§ty. Tl'i`l,,I-E & SEC.".L`ION NATURE OF OFFENSH OFFENSE ENDED COL’::`\ET 2`§ U.S.C. § 841(]:))( l`)i§`l`i;-) Possession Wit?i fntent to No'vem§)er 28, 2()(}7 Six Manuihcnire and to Distri`i)nte 50 or More i\/leri_juane P§a.nts Tlie. defendant is sentenced as provided in pages 2 through 6 ofthis judgment The sentence is imposed pursuant to the Sentencing Refonn Aet of 1984 __ 'i`iic defendant has been found notr gtiiity on coinif;(s) _X__ Coont(s) ONE and SEVE;\=' of the Indictment are dismissed on tire motion of the Unz`ted States. l'l` ES FURTHER ORDERED that the defendant must notify the United States Attorney for this dist:'z`ct within 30 days of any change of 'name. residence or mailing address until all tines, restitution, eosts, and special assessments imposed by t§iis judgment arc fully paid lt ordered to pay restitution, the defendant must notify the court and Un;`ted State-S Attorney of any material change in economic circumstances Date ol` lniposition of Sentence: Scpteml)er 25, 2008 /' d ;/'? JAnij§s s. :nooI)Yq JR, § fsg inman s'rAz¢ns nisrm<:'r arisen Case 8:08-cr-OOlll-.]S|\/|-TBI\/| Document 107 Filed 09/25/08 Page 2 of 6 Page|D 232 .AO 2453 (Re\»' 06/05) Sbcet 2 - im§)risoninent (Jndginent in n Criminal Case) Dei"endant: ARMA,NDO RODRIGUE-Z Jndgrnent - Page __2_ of"G_ Cag@ Ng_; S:OS-cr-l l l-T-}OTBl\/l EMPRISON`MENT At't;er considering the advisory sentencing guidelines and atl of the factors identified in Tit¥e 18 U.S.C. §§ 3553(3)(1)-(7), the court finds that the sentence imposed is sufficient_, but not greater than necessary, to comply with tile statutory purposes of sentencing ‘I‘he defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term et'THIRTEEN (13) E\’I`ON'I`HS as to Cnnnt Sis of the Indictment. MX__ the court makes the following recommendations to the Burean of Pn`_sons: Ttie defendant shall be placed at FC l Coletnan (FL`), if possib-§e. m_ Thc defendant is remanded to the custody ottbe l_lnited States Mershal. __ 'l`lic defendant shall surrender to the United Stetes §\flatshal for this district W at ___ a.ni./`p.in. on _ __ ns notified by the United Statcs l\/iarshal. X The defendant shell surrender for service et sentence at the institution designated by the Bui'ean of Prisonsi __ before 2 p.m. on W. X as notified by the limited States Mai'shnl. ___ as notified by the Ptobation or ?1'etrial Scrviees Ot`iice, Rl€'l`URN § have executed this judgment as follows: Dei`endant deliveer on to at g with a certified copy ot` this judgment United States Marshal By: Depnty Un_ited States Ma§slia§ Case 8:08-cr-00111-.]S|\/|-TBI\/| Document 107 Filed 09/25/08 Page 3 of 6 Page|D 233 AO 2453 (`Rc\h l)()r'()i) Sheet 3 - Superviscci Rclease {§udgrncrir in a Criminal Casc) §)efendant: AR§\/lAN DO RODR.lGUEZ indictment - Pagc _§__ of__@_ (.`asc :\o: S:OS~cr~E l l-T-}{)'l`Bl\/.l SUPERVISEB RELEASE Lipon reiease from imprisonment the defendant shall be on supervised release for a term of '.I`H`REE (3) YEARS as to Count Six of the Indictment. i`he defendant must report to the probation office in the district to which the defendant is reiease.d Within 72 hours ot release front the custody of the Bureau of Prisons. 'l.`he defendant shali not commit anothci‘ federal, state, or local crime 'i`i'ie defendant shali not unlawniliy possess a controlled substance 'l"l_ie defendant shall refrain from any unlawful use of a controlled substance 'l`he defendant shall submit to one drug test within §§ days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court MXW '§`he defendant shall not possess a firearm destructive dcvice, or any other dangerous weapon _;(_ "fhe defendant shall cooperate in the collection of DNA as directed by the probation ofticer. It`tiiis judgment imposes a fine or restitution it is a condition of supervised rc§ease that tire defendant pay in accordance with the Scliedule ot`Paynients sheet of this judgment The defendant must comply With the standard conditions that have been adopted by this court as ivell as With any additional conditions on the attached page STANI)ARD CONBITIONS OF SUPE-RVISI()`§\l l) thc defendant shall not leave the judicial district Wit.hout the permission ol`the court ot probation oft`tccr; 2) the defendant slial§ report to the probation officer and shall submit a truthful and complete Written report within the first five days of each month: 3) thc defendant shall answer truthfulty atl inquiries by the probation officer and follow the instructions ofthe probation ofiiccr; 4} the defendant shall support his or her dependents and meet other family rcsponsibiiiti€$; 5} the defendant shali work regularly at a lawful occupation, untess excused by the probation officer for schooling, training or other acceptable rcasons; o) the defendant shall notify the probation officer at least ten days prior to any change in residence or cmptoyment', 7`) the defendant shail refrain from excessive usc of alcohol and shail riot purcliasc, possess1 use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physicion; 3) the defendant shatl not frequent places \vhcre controlled substances are illegally sold, tised, distributed or administered; 9) the defendant shall not associate \\:'ith any persons engaged in ctiminai activity and sha§l not associate with any person convicted ofa fclony, untess granted permission to do so by the probation officci'; l(l} the defendant shail permit a probation officer to visit him or her at any time at horne or elsewhere and shall permit confiscation ot any contraband observed in plain view ofthe probation oi`flcer; l l) the defendant shail notify the probation officer Wit.hin scvcnty»two hours of being arrested or questioned by a law enforcement ofticer; ll) the defendant shail not enter into any agreement to act as an informer or a special agent ofa law enforcement agency without the permission ofthc court; and i3) as directed by the probation ofl'icei; the defendant shall notify third parties ot`risics that may be occasioned by the defendants criminal record or personal history or characteristics and shall permit the probation ofhccr to make such notifications and to confirm the defendant’s compliance with such notification requirement Case 8:08-cr-OOlll-.]S|\/|-TBI\/| Document 107 Filed 09/25/08 Page 4 of 6 Page|D 234 AO Z~tSB {Rev. 06/05) Shcct 3C ~ Supcrvised Releasc {\indgrncnt in a Criinina| Case} Dcfendant: ARMANDO RGDRIGUEZ ludginent - Page _§_ mci Case ?\io.: S:OS~cr»i l i#TWSOTBl\/I SPECIAL CONDITIONS OF` SUPERVISION “l“hc defendant sliail also comply with the foliowing additional conditions of supervised i'elease: X Sliould the defendant be deported he/she shall not be allowed to re-enter the United States without the express permission of the appropriate governmental authority The defendant shall cooperate in the collection of DNA as directed by the probation officer "l" he mandatory drug testing provisions shal§ app§y pursuant to the Violent Crinie Control Act‘ The Court orders random drug testing not to exceed 104 tests per yeai'. l>< |>< Case 8:08-cr-OOlll-.]S|\/|-TBI\/| Document 107 Filed 09/25/08 Page 5 of 6 Page|D 235 AC} 245£3 {Rev 06.='05) Sheet 5 ~ Criininal Monetary Penaltics (Judgrnent in a Criminai Case) Defendant: ARMANDO RODRIGU§EZ Judgrnent - Page *§___ of mow Case No.: S:OS-cr-i l l~'§`»$t)'l`B;\/§_ CRIMINAL i\/IONETARY PENALTIES 'I`he defendant inust pay tire total eriininal monetary penalties under the seizedule of payments on S§'teet 6. Assessment Fine ?0tal Restitution Totais: 31 90.{}0 \Vaived N/'A Tbe determination of restitution is deferred until . An xii-needed Judgment in a Cri`nn'mil Case (AO 245€) Will be entered after such detenninatiou. The defendant must make restitution (inciud§ng community restitution) to tire following payees in tire amount listed below §f` the defendant makes a partial payrnent, each payee shall receive an approximately proportioned payinent, aniess specified otherwise in the priority order or percentage payment column beiow. lrlowever, pursuant to 18 U.S.C. § 3664{1), ali non-federal vict§nis must be paid before the United States. Nanie of Pavee 'i`otai Loss* Restitution Ordered i’rioritv or Porcentage '.§.`otals: fi`) ha Restirution amount ordered pursuant to piea agreement 3 The defendant must ay interest on a fine or restitution of more than SZ,S{)O, unless the restitution or fine is paid in full before tile fifteenth ay after tire date of the judgnient, pursuant to lS U.S.C. § 3612{f). All oft§ie payment options on Sbeet 6 maybe subj§ect to penalties for delinquency and default, pursuant to lS U.S.C. § 3612(§)‘ The court determined that the defendant does not have the abi§ity to pay interest and it is ordered that: the interest requirement is waived for tile line _W restitutionl the interest requirement for the W* fine restitution is modified as follows.' * §?indings for the totai amount oi'losses are required under Chapters lO()A, §§O, l l{)A, and l 13A of'l`itie 18 for the offenses committed on or after Septernber ]3, 1994, but before Apri§ 23, l996. Case 8:08-cr-OOlll-.]S|\/|-TBI\/| Document 107 Filed 09/25/08 Page 6 of 6 Page|D 236 AO 2453 (Rev 06,/'{)5) Sheet 6 - Schcdule of Payrnents (Judgment in a Crirriinal Case} _lj)efendam; ARMANDO RODR]GU§Z Judgrnent - Page- _6_ of __6_ Case No.; 8:08-cr»t l l“T-BOT§B§\/§. SCHE_DULH OF PAYi\/IENTS fiat-ing assessed the defendants ability to pay, payment ot`the total criminal monetary penalties are due as follows: A_. X Lurnp sum payment of S lOGiOO due iimnedtately1 balance due _M not later than , or __”tn accordance _C, M D, _ E or _F below; or B` ___ Payment to begin immediately (rnay be combined With w C, ___ D, or WM F below); or m Payrnent in equal m (e.g., Weel