Free Magistrate Petty Document - District Court of California - California

Case 5:08-po-15909-JRI

Document 1

Filed 06/25/2008

Page 1 of 6

[CLOseD)
UNITED STA TES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
United States of America

v.
Fernando Mendoza-Perez

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

No. 08-15909-001 M-SD Lorna Spencer (AFPD)
Attorney for Defendant

Citizen of Mexico USM#: 76289208 DOB: 1984

ICE#: A88 768 797

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 sentenced to 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-15909-JRI

Document 1

Filed 06/25/2008

Page 2 of 6
Page 2 of 2

08-15

9-001M-SD

USA vs. Fernando Mendoza-Perez
Jdgml5t1lrrtP~'fu;'on

of Sentence: Wednesday, June 25, 2008

, United States Magistrate Judge

RETURN

thisJudg~entasfollo~s:.~~~~~~~~~~~~~~~~~~~~~~~~~~

Defendan deli: ered on to at ~ designate y e Bureau of Prisons, with a certified copy of this judqrnent in a Criminal case.

, the institution

United States Marshal

By:---:=-----:-----:-::---:--:--~~~~~~~~~~~Deputy Marshal

08-15909-001 M-SD

UNITED STATES DISTRICT COURT SOun,RN'l)ISTRICT OF CALIFORNIA - Yuma

Case 5:08-po-15909-JRI
CASE NUMBER:

Document 1

Filed 06/25/2008

MAGISTRATE JUDGE'S MINUTES

Page 3 of 6

DATE:

6/25/2008

08-15909-001M-SD

PLEA/SENTENCING MINUTES USA vs. Fernando Mendoza-Perez U.S. MAGISTRATE JUDGE: JAY R. IRWIN Judge #: 70BK U.S. Attorney INTERPRETER REQ'D-----'==""-..::::==~ Ricardo Gonzalez LANGUAGE: -=S""p=an=i=sh:.::....... Attorney for Defendant Lorna Spencer (AFPD) DEFENDANT: ~ PRESENT DOA 6/24/08 Financial Afdvt taken ~ Initial Appearance
_

_

0

NOT PRESENT

0

RELEASED ~ CUSTODY

o

~ Complaint Filed ~ No Financial Afdvt taken

o
0

IZI
UA

Appointment of counsel hearing held Financial Afdvt sealed


DETENTION HEARING: Set for: before:

0

Held

0

Cont'd

0

Reset

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
0
Held

_

PLEA HEARING: Set for: before:

0

Cont'd

0

Reset

o Consent of Defendant
o

o Consent to be tried by a Magistrate Judge signed
Information filed

0

Class A Misd

0
0

Class B Misd Complaint filed

0

Class C Misd _ _

~ Defendant sworn and examined by the Court 181 Plea of Guilty 0 Not Guilty 1:81 Entered to Counts.--===O:..:..N~E~ Defendant states true name to be _ _. Further proceedings ORDERED in defendant's true name.

181 Plea of Guilty entered as to Ct(s) ONE of the 0 Information 0 Indictment ~ Complaint 181 Court recommends/or accepts defendant's plea and finds plea to be freely and voluntarily given.

o PSI ORDERED
181

o Plea agreement: 0 Lodged 0 Filed 0 Sealed o Court does not accept defendant's plea of guilty because
0
EXPEDITED ~ PSI waived

_ Time waived for passage of sentence _

0

DCoo~~dfur~nwn~ro_~fure

o To be dismissed upon entry of the judgment, Ct(s) __ o
ORDER vacate trial date/motion hearing/mtns moot ORDER defendant remain released pending sentence 1:81 remanded to USM SENTENCING:
181 Defendant committed to Bureau of Prisons for a period of Time Served

0

Probation/Supervised Release for _


_


181 Special Assessment $ REMITTED
Other:

0

Fine $

0

Restitution $

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

Case 5:08-po-15909-JRI

Document 1

Filed 06/25/2008

Page 4 of 6

1

2
3
4

5

6
7 8
9 10 11
12

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA


United States of America, Plaintiff, vs.

CASE NUMBER

of; '--1~qdlM-ID

WAIVER OF REMOVAL HEARING

pE<=Ll
-----~
Defendant.

)

13
14 15

)

16
I waive my right to have a Removal Hearing and agree that my case may be

17
adjudicated in the Southern District of California. 18

19
DATED this 20
21

/1.0..

1.t;; day of

--Qo-~=-~

,2008.

22
23
24 25

26
27

~4:n-d-a-nt---::-

28

AO 91 (Rev.5IB5) CriminalComplaint

Case 5:08-po-15909-JRI

Document 1

Filed 06/25/2008

Page 5 of 6

.'

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA V. Fernando MENDOZA-Perez
Citizen of Mexico
YOS: 1984
088768797
Illegal Alien


.1'~

b

CRIMINAL COMPLAINT
CASE NUMBER:

as- /S9tJ911"5j)

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 September 15, 2004, near Andrade, California in the Southern District of California, Defendant Fernando MENDOZA-Perez, 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.

tID Yes 0 No

Signature of Complainant

Sworn to before me and subscribed in my presence,

ae

June 25 2008 istrate

~~~~::i7n.n Yum
leer

Cesar Duarte Senior Patrol Agent

Case 5:08-po-15909-JRI

Document 1

Filed 06/25/2008

Page 6 of 6

STATEMENT OF FACTUAL BASIS
Defendant: Dependents:
IMMIGRATION HISTORY: CRIMINAL HISTORY: DATE LOCATION

Fernando MENDOZA-Perez 1 USC The Defendant is an illegal alien. None found.
OFFENSE DISPOSITION

None Found

Narrative:

The Defendant, a citizen of Mexico and illegally within the United States, was encountered by Yuma Border Patrol agents near San Luis, Arizona. 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 last entered the United States illegally without inspection near Andrade, California on September 15, 2004. (Misdemeanor)

Charges:

8 USC§1325

Sworn to before me and subscribed in my presence,

June 25, 2008
Date