Free Judgment Returned Executed - District Court of Arizona - Arizona

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UNITED STA TES DISTRICT COURT 7
DISTRICT OF ARIZONA I JM 0 .
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United States of America ` ° · I:
JUDGMENT IN A CRI *”i`"?‘m=·“·1-· , DI'-jg-=?;®§;,-EEO
V. [For Offences Committed on or After November , Y) ——·
Pedro ,_emuS_,_BmuS ua. cn 04-00972-001-PHX » Mm SEP 0 8 2005
_ ottgniru s DISTRICT count
Bruce Yance (Appointed F l - .,
Attorney for Defendan¥ ) · gg Cl €pUTY
USlVl#: 10087-085 lCE#: A90637839 mmm I
THE DEF ENDANT ENTERED A PLEA OF guilty on 9}9/04 to Count 2 of the Information
violating Title 8, USC §1326(a), Illegal Re-Entry after Deportation, with sentencing enhancement
pursuant to Title 8, USC §1326(b)(2), a Class C Felony offense, as charged in the Infomation.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF
THE FOLLOWING OFFENSE(S): violating Title 8, USC §1326(a), Illegal Re-Entry after
Deportation, as charged in the Infomation.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the
custody of the Bureau of Prisons for a term of FIFTY ONE (51) MONTHS on Count 2, with credit
for time served. Upon release from imprisonment the defendant shall be piaced on supervised
release for a term of THREE (3) YEARS on Count 2.
IT IS FURTHER ORDERED that all remaining counts are dismissed on motion of the United
States.
CRIMINAL MON ETARY PENALTIES
The defendant shall (pay to the Clerk, U.S. District Court, Attn: Finance, Suite 130, 401 West
Washington St., SP 1, Phoenix, Arizona 85003-21 18, the following total criminal monetary
penalties:
SPECIAL ASSESSMENT: $100.00 FINE: $0.00 RESTITUTION: $0.00
The Court finds the defendant does not have the ability to pay a fine and orders the fine waived.
The total special assessment of $100.00 shall be paid pursuant to Title 18, United States Code,
Section 3013 for Count 2 of the Information.
" `T All monetary penalties are due immediately or in regular monthly installments. tf incarcerated, payments shall begin
under the Bureau of Prisons Inmate Financial Responsibility Program. Any unpaid balance shall becom e a condition of
supervision and shall be paid within 90 days 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 im position of interest and penalties on any unpaid balances.
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» CR 04-00972-001-PHx—SMM 0 O Page 2 of 3
USA vs. Pedro Lemus-Lemus
SUPERVISED RELEASE
U on release from imprisonment, the defendant is placed on supervised release for a term of
TIEIREE (3) YEARS on Count 2.
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.
For offenses committed on or after September 13, 1994: The defendant shall refrain from any
un a u use 0 a contro ed substance. ursuant to 8 USC §3563(a)(5) and 3583(d) the
defendant shall submit to one drug test within 15 days of release from imprisonment and such
other periodic drug tests thereafter, as directed from time to time by the probation officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921. ·
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order 04-11:
1 You shall not commit another federal, state, or local crime during the term of supervision.
2 You shall not leave the judicial district or other specified geographic area without the
permission of the Court or probation officer. _
3) ou shall report to the Probation Office as directed byl the Court or probation officer, and
shall submit a truthful and conjrplet_e_ written report wit in the first Eve days of each month.
4) You shall answer truthfully all inquiries by the probation officer and foliow the instructions of
the probation officer.
5 You shall support your dependents and meet other family responsibilities.
6 You shall wor regularly ata lawful occupation unless excused by the probation officer for
schoolinhi, trainrng, or other acceptable reasons.
7) You isha notify the probation officer at least ten days prior to any change of residence or
emp oyment.
8) You shall refrain from excessive use of alcohol and are subject to being prohibited from the
use of alcohol if ordered by the Court in a special condition of supervision.
9) You shall not purchase, possess, use, distribute or administer ang narcotic or other
controlled substance as defined rn section 102 of the Controlled ubstances Act (21 U.S.C.
5 801) or any paraphernalia related to such substances, without a prescription by a
rcensed medical practitioner. Possession of controlled substances will result in mandatory
revocation of your term of supervision.
10) You shall not requent places where controlled substances are illegally sold, used,
distributed or administered, or other places specified by the Court.
11) You 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. _ _ _
12) ou shall permit a probation officer to visit at any time at home or elsewhere and shall
permit confiscation of any_contraband observed in plain view by the probation officer.
13) ou shalt immediately notify the probation officer (within forty—erght (48) hours if during a
weekend or on a holiday) of being arrested or questioned by a law enforcement officer.
14) You shall not enter into any aulreement to act as an informer or a special agent of a law
enforcement agency wrthoutt e permission of the Court.
15) As directed by he probation ofhcer, you shall notify third parties of risks that may be
occasioned by yrour criminal record or personal history or characteristics, and shall permit
the probation o lcer to make such notification and to confirm your compliance with such
noti rcation requirement. _ _
16) lf you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dangerous weapon. lf you have ever been
convicted of a misdemeanor involving domes lc violence, you shall refrain from possession
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" . -CR O4-00972-001-PHX-SMM 0 • Page 3 of 3
USA vs- Pedro l.mus—Lemus
of any firearm or ammunition: Possession of a tirearm witl result in mandatory revocation of
your erm of supervision. This prohibition does not apply to misdemeanor cases that did
not entail domestic violence, unless a special condition rs imposed by the Court.
17) Unless suspended by the Court, you shall submit tp one substance abuse test within the ,
first 15 days of sugervision and at least two geriodrc substance abuse tests thereafter,
pursuant to 18 U. .C. §§ 3563(a)(5) and 35 3(d);
18) f supervision follows a term of imprisonment, you shall report in person to the Probation
Office in the district to which you are released within seventy-two (72) hours of release.
19) You shall pay any monetary penalties as ordered_by the Court. You wrlt notify the probation
officer of any ma erial change rn your economic circumstances that might affect your ability
to pay restitution, fines, or specia assessments.
While on supervised release, the defendant shall comply with the standard conditions of
supervision adopted by this Court, in General Order O4-11. The following stpecial conditions are
in addition to the conditions of supervised release or supersede any relate standard condition;
1. It deported, you shall not re-enter the United States without legal authorization.
2. You are pro ibited from owning, maintaining or using a fireamw.
THE COURT FINDS that you have been sentenced in accordance with the terms of the plea
agreement and that you have waived your right to appeal and to collateraliy attack this matter.
The waiver has been knowingty and voluntarily made with a factual basis and with an
understanding of the consequences of the waiver.
The Court may change the conditions of probation or supervised release or extend the term of
supervision, if less than the authorized maximum, at any time during the period of probation or
supervised release. The Court may issue a warrant and revoke the originai or any subsequent
sentence for a violation occurring during the period of probation or supervised release.
IT IS FURTHER ORDERED that the Clerk of th_e 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.
Date of imposition of Senteng Monday, January 3, 2005 _ _
· Date /" g or
STEPHE lvl. MCNAMEE. Chief United States District Judge
RETURN
I have executed this Judgm ent as follows;
Defendant delivered on B ‘·2f-tif to Qgngg JJ at A 6-fz , the
institution designated by the Bureau of Prisons, with a certified copy of thisjud ent in a Cr_iminal case.
By¤
United States Marshal Deputy shal
CC: USA/CNSL&Bruce Yancey)/PROB{2)/PTSIFiN/JUDGE/USM(2 certfied)/ICE (1
certified )!Order ook
CR 0400972-001-PHX-SMM · Lemus-Lemus 1!3r'05 7:13pm
Case 2:O4—cr—OO972—SI\/II\/I Document 18 Filed O9/O8/2005 Page 3 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
ELECTRONIC CERTIFICATION
I hereby attest and certify on January 10, 2005
that the foregoing document is a full, true and correct copy of the original
on tile in my office and in my custody.
CLERK, U. S. DISTRICT COURT
DISTRICT F ARIZONA
I ` ._
By £.’4.!u gatrtt Deputy Clerk
" Ret .-I
I*=.»¢$;;i · test , .#€¤’I
Etectronic Certihcation Issued pursuant to General Order 99-3
Verittcation Code_VSDJSYohahT_
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