Free Magistrate Petty Document - District Court of California - California

Case 5:08-po-15910-JRI
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Filed 06/25/2008

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[CLOSED]
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

United States of America


v.
Roberto Ramirez-Garcia

JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed on or After November 1. 1987)

No. 08-15910-001 M-SD

Citizen of Mexico USM#: 76285208 DOB: 1984

Lorna Spencer (AFPD)
Attorney for Defendant

ICE#: A88 768 793

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 tile 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-15910-JRI

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Filed 06/25/2008

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·

~08"'15910-001M-SD

USA \ .Roberto Ramirez-Garcia

Date of I~osition of Sentence: Wednesday, June 25, 2008
\--- -----IF------1~-------:....-------------- 6/25/2008 Date
JAY R.

RETURN

Defendant de iver d on to at designated by t ureau of Prisons, with a certified copy of this judgment in a Criminal case.

, the institution

By:.
United States Marshal Deputy Marshal

_

08-15910-001 M-SD

Case 5:08-po-15910-JRI UNITED STATES DISTRICT COURT SOUTHERN DISTRICT 01<' CALIFORNIA - Yuma
, A

Document 1

Filed 06/25/2008

Page 3 of 5 MAGISTRATE JUDGE'S MINUTES

DATE~

-

6/15/2008 -c->

CASE NUMBER:

08-1591O-001M-SD

PLEA/SENTENCING MINUTES USA vs. Roberto Ramirez-Garcia
U.S. MAGISTRATE JUDGE: JAY R. IRWIN Judge #: 70BK U.S. Attorney INTERPRETER REQ'D Ricardo Gonzalez LANGUAGE: Spanish - = = = - = = = - - - - - Attorney for Defendant Lorna Spencer (AFPD) DEFENDANT:

181

PRESENT

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


o

0 NOT PRESENT 0 RELEASED 181 CUSTODY 181 Complaint Filed 181 Appointment of counsel 181 No Financial Afdvt taken o Financial Afdvt sealed
0
Held

hearing held

DETENTION HEARING: Set for: before:

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 rei) 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 Plea agreement: 0 Lodged 0 Filed 0 Sealed o Court does not accept defendant's plea of guilty because o PSI ORDERED 0 EXPEDITED 181 PSI waived 0 Time waived for passage of sentence o Continued for sentence to _ before o To be dismissed upon entry of the judgment, Ct(s) _ 181 ORDER vacate trial date/motion hearing/mtns moot o ORDER defendant remain released pending sentence 181 remanded to USM
SENTENCING:
181 Defendant committed to Bureau of Prisons for a period of 15 Days

181 181

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

_ _

_ _

0

Probation/Supervised Release for - -_ _


181

Special Assessment $ REMITTED

D

Fine $

0

Restitution $

_


Other:

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

AO9 J (Rev.5/85)CriminalComplaint

Case 5:08-po-15910-JRI

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Filed 06/25/2008

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United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA V. Roberto RAMIREZ-Garcia
Citizen of Mexico
YOS: 1984
088768793
Illegal Alien


(0/24


CRINIINAL COMPLAINT
CASE NUMBER:

t!Jg - ;S"9/tJ.M-SLJ

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 Roberto RAMIREZ-Garcia, 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.

1KI Yes 0 No

Signature of Comp inant

Ernesto Aldrete
Sworn to before me and subscribed in my presence,

~--SemOT"'f~:a1J~gent

ae

June 25 2008

Yuma, Arizona

istrate

Case 5:08-po-15910-JRI

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Filed 06/25/2008

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STATEMENT OF FACTUAL BASIS
Defendant: Dependents: Roberto RAMIREZ-Garcia None The Defendant is an illegal alien. None Found.

IMMIGRATION HISTORY: CRIMINAL HISTORY:

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

(Misdemeanor)

Sworn to before me and subscribed in my presence,

June 25, 2008
Date