Free Judgment Returned Executed - District Court of Arizona - Arizona

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UNITED STA TES DISTRICT COURT l CLE I . I
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United States of America mc S
UDGMENT I A E
v_ (Igor Offenses Committed o
Marcial Avila-Anguiano N0- CR 04'°0594'003'PHX“ROS
AI` :M `IA'l-A ' ‘ .
msgs acm _ VI 3 ngulam Jason Leonard (Appointed)
Attomey for Defendant
USM#: 82187-008 ICE#: A98007113
THERE WAS A verdict of guilty on 8I24I2005 as to Counts One, Two, Three, Four, Five and Six of
I the Superseding·Indfct1nent. - · S
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 18, USC §1203, Conspiracy to Commit Hostage Taking,
a Class A Felony offense, as charged in Count One of the Superseding Indictment; Title 18, USC
§1203, Hostage Taking, a Class A Felony offense, as charged in Count Two of the Superseding
Indictment; Title 18, USC §924(c), Using, Carrying or Brandishing a Firearm During and in Relation
to a Crime of Violence, a Class A Felony offense, as charged in Count Three of the Superseding
Indictment; Title 8, USC §‘l324(a)(2)(B)(ii), Bringing illegal Aliens to the United States for Financial
Gain, a Class C Felony offense, as charged in Count.Four ofthe Superseding Indictment; Title 8,
USC §1324(a)(2)(B)(ii), Bringing Illegal Aliens to the United States for Financial Gain, a Class C
Felony offense, as charged in Count Five of the Superseding Indictment; Title 8, USC
§1324(a)(2)(B)(ii), Bringing Illegal Aliens to the United States for Financial Gain, a Class C Felony
offense, as charged in Count Six of the Superseding Indictment.
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 SIXTY (60) MONTHS on Counts One, Two, Four, Five and
Six, said counts to run concurrently, and a term of ONE-HUNDRED TWENTY (120) MONTHS on
Count Three, said count to run consecutively to Counts One, Two, Four, Five and Six, with credit
for time served. Upon release from imprisonment, the defendant shall be placed on supervised
release for a term of FIVE (5) YEARS on Counts One, Two, and Three, and a term of THREE (3)
YEARS on Counts Four, Five and Six, said counts to run concurrently.
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties:
SPECIAL ASSESSMENT: $600.00 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.
If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 perquarter
and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary
payments shall _be made to the C|er|< of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC
1, Phoenix, Arizo a 85003-2118. Pa meng hould be credited to the various moneta enalties imposed by the Court in
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USA vs. Nlarcial Avi|a—Anguiano
the priority established under 18 U.S.C. § 3612(c). The total special assessment of $600.00 shall be paid pursuant to Title
18, United States Code, Section 3013 for Counts One, Two, Three, Four, Five and Six of the Superseding Indictment.
Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior to the expiration of
supenrision. Until all restitutions, Hnes, 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.
. SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of Fl\{E
(5) YEARS on Counts One, Two, and Three, and THREE (3) YEARS on Counts Four, Five and Six,
said counts to run concurrently.
The defendant shall report to the probation office in the district to which the defendant is released
within 72 h(‘5Ul"§”’Uf"l‘€l`€3§E from the custody of the Bureau of Prisons.
For offenses committed on or after September 13, 1994: The defendant shall refrain from any
unlawful use of a controlled substance. ursuant to 18 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 ofhcer.
i The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
l is U.S.C.§921.
It is _the order of the Court that, pursuant to General Order 05-36, wh_ich incorraorates the
requirements of USSG §§5B1.3 and 5D1.2, you shall comply with the following condi ions:_
1) You shall not commit anotherfederal, state, or local crime during the term of supervision.
2 You shall not leave the judicial district or other specified geographic area without the
eermission of the Court or probation ofhcerr _
3) ou shall report to the Probation Ofhce as directed by] the Court or probation officer, and shall
submit a truthful and complete written report within t e first five dags of each month. _
4) You shall answer truthfully all inquiries by the probation ofhcer an follow the instructions of
the probation officer. _ _
5) You shall support your dependents and meet other family responsibilities. _
6 You shall work regularly at a lawful occupation unless excused by the probation officer for
schooline, training, or o her accsratable reasons. _
7) You [sha nrmtrfy t e probation o icer at least ten days prior to any change of residence or
emp oymen . ..
8) You shall refrain from excessive use of alcohol and are su lrject to bei_ng prohibited from the use
of alcohol if ordered by the Court in a sfeeial condition o supervision. _
9) You shall not purchase, possess, use, istribute or administer any narcotic or other controlled
substance as defined in section 102 ofthe Controlled Substances Act $21 U.S.C. § 801 ) or any
pararphernalra reIated_ to such substances, without a presoription y a licensed medical
rzrac itioner. Possession of controlled substances will result in mandatory revocation of your
erm of supervision.
10) You shall not frequent places where controlled substances are illegally sold, used, distributed
or administered, or other places specified by the Court. _
1 1) You shall not associate with any tpersons engaged in criminal aotivity, and shall not associate
wrtth any person convicted of a elony unless granted permission to do so by the probation
o icer.
12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscation of an_y contraband observed in plain view by the probation ofhcer. _
13) You shall rmmediatery notiry the probation officer (within forty—eight (48) hours if during a
weekend or on a holi_ ay) o being arrested or questioned by a law enforcement ofhcer.
14) You shall not enter into any agreement to act as an informer or a special agent of a law
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USA vs. Marcial Avila-Anguiano
15) enfogcereegt legergcy witlgoet the Ipfermission 0*1; tee Ce%rt.th_ d rf f _ K th t b
s rrec e e pro a ron 0 rcer, you s a nor rr pa res 0 rrs s a ma e
occasioned enyyyour criminal record orpersonal history or characteristics, and shall permii the
preleatren o rce_r to mtake such notrficatron and to confirm your compliance wrth such
no r rca ron requrremen . _
16) If you heve elvee been ejonvicted oeha felony, you shall refretin freer posseslerng a fireaemd
ammunr ron, es ruc rve evrce, oro er angerous weapon. ou ave ever een convrc e
of a misdeneeanolré involving doetesftic violenefe, youlehali refrelintfiom possessionfof any Iirearre
or ammunr ion. ossessron 0 a rrearm wr resu in man a ory revoca ron 0 our erm 0
sueervisionl This prohibitilon deies not apply to rgigdetmegnoet cases thatdid not enilail domestic
vro ence, un ess a specra con r ron rs rm ose y e ou .
17) Unless suspended by the Court, you shaiisubmit to one substance abuse test within the first
1g daye oe supervrsronfand thereafter at lease gvvehbletsne; mcéreg egg) pegogggeetzestance
a use es s per ear 0 supervision, pursuan o . . . a an _ ;
18) lf supervision foliows a term of imerisonment, you shall repog rn erson to the Probation Office
19) $1 the eeieltrrcttgg which yeu are re eesed wrthén sejventyetwg (72t)pl¢gurs ei relefelsee b t_
ous ra pay ahymone ary pena 's as or ere y e ou . ou wi noi e pro a ron
ofhcer of any material change in your economic circumstances that might affect your ability to
Fay restitution, fines, or special assessments. _
20) f you have ever been convicted of any qualifygng federal or military offense (including an}:
i federal felony) listed under 42 U.S.C._ § 141 5ag1d)(1) or 10 U.S. . § 1565{d),Xou shal
I cooferate rn the collection of DNA as directed byt e probation ofHcer pursuan to 2 U.S.C.
l § 1 135a(a)(2).
1 The following special conditions are in addition to the conditions of supervised release or supersede
any related standard condition;
1. If deported, you shall not re-enter the United States without legal authorization.
l
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 collaterally attack this matter. The
waiver has ben knowingly and voluntarily made with a factual basis and with an understanding of
the consequences of the waiver. I
THE DEFENDANT IS ADVISED OF DEFENDANT'S RIGHT TO APPEAL WITHIN 10 DAYS OF
ENTRY OF JUDGMENT.
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 original or any subsequent
sentence for a violation occurring during the period of probation or supervised release.
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.
Date of imposition of Sentence: Wednesday, May 17, 2006
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USA vs. lvlarcial Avila-Anguiano
DATED this 17"‘ day of May, 2006. _ M ef Ar _ .- . -
Q1;. V E i at
° United S ¤ ...; District Judge
RETURN
I have executed this Judgment as follows:
Defendant delivered on [Q lgrg to E Q ij @@6 C}? at Qjmjj ,the
institution designated by the Bureau of Prisons, with a certified opy of this g ent in a Criminal case.
_ .511;-A; · I ' ‘ By: égfifj
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