Free Magistrate Petty Document - District Court of California - California


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Date: July 7, 2008
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State: California
Category: District Court of California
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Case 5:08-po-15908-JRI

Document 1

Filed 06/25/2008

Page 1 of 5

[CLOSED]
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
United States of America

v.
Rafael Gonzalez-Ramirez

JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed on or After November 1, 1987)

No. 08-15908-001 M-SD

Citizen of Mexico USM#: 76280208 DOB: 1977

Lorna Spencer (AFPD)
Attorney for Defendant

ICE#: A88 768 792

THE DEFENDANT ENTERED A PLEA OF guilty on 6/25/2008 to Count ONE of the Complaint. ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUlLTV OF THE FOLLOWING OFFENSE(S): violating Title 8, USC § 1325, Illegal Entry, a Petty offense, as charged in Count ONE of the Complaint. IT IS THE JUDGMENT OF THE COURT THAT the defendant is hereby committed to the custody of the Bureau of Prisons for a term of FIFTEEN (15) DAYS on Count ONE, with credit for time served.

CRIMINAL MONETARY PENALTIES

The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT:

$Remitted

FINE:

$

RESTITUTION:

$

If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, Attention: Finance, 880 Front Street, San Diego, California 92101. Payments should be credited to the various monetary penalties imposed by the Court in the priority established under 18 U.S.C. § 3612(c). The total special assessment of $Remitted shall be paid pursuant to Title 18, United States Code, Section 3013 for Count ONE of the Complaint. Any unpaid balance shall become a condition of supervision and shall be paid within prior to the expiration of supervision. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and penalties on any unpaid balances.

IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment to the United States Marshal of this district. The Court orders commitment to the custody of the Bureau of Prisons. The defendant is remanded to the custody of the United States Marshal.

Case 5:08-po-15908-JRI

Document 1

Filed 06/25/2008

Page 2 of 5
Page 2 of 2

08-15908-001M-SD USA VS. afael Gonzalez-Ramirez

ition of Sentence: Wednesday, June 25, 2008

-,

States Magistrate Judge
RETURN

Defendant delivere n - 1 - - - - - to at designated by the Bur of Prisons, with a certified copy of this judgment in a Criminal case.
By:--:=--_~

, the institution _

United States Marshal

Deputy Marshal

08-15908-001M-SD

Case 5:08-po-15908-JRI UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA - Yuma

.

.

Document 1

Filed 06/25/2008MAGISTRATE JUDGE'S MINUTES Page 3 of 5

DATE:

6t25/2008

CASE NUMBER:

08-15908-001M-SD

PLEA/S1:NTENCING MINUTES USA vs. Rafael Gonzalez-Ramirez U.S. MAGISTRATE JUDGE: JAY R. IRWIN Judge #: 70BK U.S. Attorney INTERPRETER REQ 'D----'==~=~!<...Ricardo Gonzalez LANGUAGE: -,S"",p=a=lll=' s=h Attorney for Defendant Lorna Spencer (AFPD) DEFENDANT: _ _

IZI

PRESENT

DOA 6/24/08 Financial Afdvt taken 181 Initial Appearance

o

0 NOT PRESENT 0 RELEASED IZI CUSTODY IZI Complaint Filed IZI Appointment of counsel hearing held IZI No Financial Afdvt taken o Financial Afdvt sealed

DETENTION HEARING: Set for: before:

0

Held

0

Cont'd

0

Reset

0

UA

o Defendant ordered temporarily detained in the custody of the United States Marshal o Defendant ordered released (see order setting cond of rel) 0 Bail set at $ o Defendant continued detained pending trial 0 Flight Risk 0 Danger
181
Held

_

PLEA HEARING: Set for: before:

0

Cont'd

0

Reset

o Consent to be tried by a Magistrate Judge signed 0 Class A Misd 0 Class B Misd 0 Class C Misd o Consent of Defendant 0 Information filed 0 Complaint filed IZI Defendant sworn and examined by the Court IZI Plea of Guilty 0 Not Guilty IZI Entered to Counts ONE o Defendant states true name to be _ _. Further proceedings ORDERED in defendant's true name.
IZI IZI

_

o o o PSI ORDERED 0 EXPEDITED IZI PSI waived 0 Time waived for passage of sentence o To be dismissed upon entry of the judgment, Ct(s) _ IZI ORDER vacate trial date/motion hearing/mtns moot o ORDER defendant remain released pending sentence 181 remanded to USM
DCom~~dfur~n~nrero_~fure

Plea of Guilty entered as to Ct(s) ONE of the 0 Information 0 Indictment 181 Complaint Court recommends/or accepts defendant's plea and finds plea to be freely and voluntarily given. Plea agreement: 0 Lodged 0 Filed 0 Sealed Court does not accept defendant's plea of guilty because

_ _

SENTENCING:
IZI Defendant committed to Bureau of Prisons for a period of

15 Days

0

Probation/Supervised Release for


IZI

Special Assessment $ REMITTED

o Fine $

_

o Restitution $- - -

Other:

RECORDED: CS BY: Jocelyn M. Arviso, Deputy Clerk

AO 91 (Rev.5/S5) Criminal Complaint

Case 5:08-po-15908-JRI

Document 1

Filed 06/25/2008

.' .

United States District

Cou:i*

CRIMINAL COMPLAINT

Page 4 of 5

SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA V. Rafael GONZALEZ-Ramirez
Citizen of Mexico
YOS: 1977
088768792
Illegal Alien


CASE NUMBER:

tJg- / srC;&,)/.,5,D

I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief.

COUNT I That on or about June 23, 2008, near Andrade, California in the Southern District of California, Defendant Rafael GONZALEZ-Ramirez, an alien, did knowingly and willfully enter the United States at a time or place other than as designated by Immigration Officers of the United States of America, in violation of Title 8, United States Code, Section 1325 (Misdemeanor).

Continued on the attached sheet and made a part hereof.

Sworn to before me and subscribed in my presence,

Date

June 25, 2008

Yuma Arizona

istrate

leer

Case 5:08-po-15908-JRI

Document 1

Filed 06/25/2008

Page 5 of 5

STATEMENT OF FACTUAL BASIS
Defendant: Dependents: Rafael GONZALEZ-Ramirez None The Defendant is an illegal alien.

IMMIGRATION HISTORY: CRIMINAL HISTORY: DATE LOCATION
None Found

OFFENSE

DISPOSITION

Narrative:

The Defendant, a citizen of Mexico and illegally within the United States, was encountered by Yuma Border Patrol agents near Andrade, California. The Defendant was questioned as to his citizenship and immigration status. Agents determined that the Defendant is an undocumented National of Mexico and illegally in the United States. The Defendant was transported to the Yuma station for processing. During processing, questioning and computer record checks the above criminal and immigration information was obtained as it relates to this Defendant.

The Defendant is being presented for prosecution proceedings under "Operation Streamline." The Defendant entered the United States from Mexico through a designated "zero tolerance zone."
The Defendant last entered the United States illegally without inspection near Andrade, California on June 23, 2008.

Charges:

8 USC§1325

Sworn to before me and subscribed in my presence,

June 25, 2008
Date