_____ necsiveo _,. COPY
I MAY 0 3 ZDDB r
I . UNITED STA TES DISTRICT COURT q;Li;.ni< u s DlSlTl;£§§;§§’·Pâ€T
— DISTRICT OF ARIZONA Dlgllilcl OF g “Q,.;_pg—p,
gv _:M__,,_;_,,__,,.,.....»~:» _ _
United States of America
JUDGMENT IN A CRIMINAL CASE
v_ (For Offenses Committed on or After November 1, 1987) ‘
Erick M0nuE|_[_0pBz N0. CR 04-00594-002-PHX-ROS
Aliases: Erick Montiellopez, Erick L. _
Manuel, aaai topaz, Erick Manuel g§_g;glg§Dgl,Q,,§_(¢N¤llv
it•~l QS 3 ni
USl\Il#: lCE#: A72978260
THE DEFENDANT ENTERED A PLEA OF guilty on 8I‘l6/2005 to the one—count Information.
` ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 8, USC §1324(a)(1)(A)(iii), Harboring Illegal Aliens, a
Class C Felony offense, as charged inthe Information.
ITIS THE JUDGMENT OF THIS COURT AT ‘ endant is hereby committed to the custody
of the Bureau of Prisons for a term of FORTY (46 ~ NTHS, with credit for time served. Upon
release from imprisonment, the defendant shall •= • •— on supervised release for a term of
THREE (3) YEARS.
IT IS FURTHER ORDERED that all remaining counts are dismissed. `
CRIMINAL MONETARY PENALTIES
The defendant shall pay to the Clerk the following total criminal monetary penalties: _ _
SPECIAL ASSESSMENT: $‘l00.00 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.
lf 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 Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC
1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in
the priority established under 18 U.S.C. § 3612(ci The total special assessment of $100.00 shall be paid pursuant to Title
‘18, United States Code, Section 3013 for Count One of the Information.
Any unpaid balance shall become 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 imposition of interest and
penalties on any unpaid balances. . _
- ` SUPERVISED RELEASE M
Upon release from imprisonment, the defendant is placed on supervised release for a term of
, THREE (3) YEARS. , ,
Case 2:04-cr-00594-ROS Document 125 Filed O5/O3/2006 Page 1 of 3
CR 04-00594-002—PHX—ROS A . Page 2 of 3
USA vs. Erick Montiel-Lopez
Thedefendant shall report to the probation ofhce 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 Se tember 13 1994: The defendant shall refrain from any
unlaWuI use of a controlled substance. Fgursuantto 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 officer. -
t'l8ieUdefen¢:éejrgt1shalI not possess a firearm, ammunition or other dangerous weapon as defined in
iéhe detegdcant (stsellticomply with the standard conditions of supervision adopted by this‘Court in
enera r er - :
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
eermrssron of the Court or probation officer.
3) ou shall report to the Probation Qffice as directed b¥.the Court or probation officer, and shall
submit a truthful and complete_ written report within t e Hrst tive dags of each month. _
4) You shall answer truthfully all inquiries by the probation officer an follow the rnstructions of
the probation officer. -
5i You shall support your dependents and meet other family responsibilities. _ _
6 You shall workregularlir at a lawful occupation unless excused by the probation officer for
schoolinii, trainine, or o her acceiotable reasons. ·‘ _
7)- You Isha notify 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 sutaect to bet_ng prohibited fromthe use
of alcohol if ordered by the Court in a gneeral condition o supervision.- _
9) You shall not purchase, possess, use, istrrbute or administer any narcotic or other controlled
substance as dehned rn section 102 ofthe Contr_oIled Substances Act (51 U.S.C. § 801) or any
i paraiohernalra related_ to such substances, without a prescription y a licensed medical
l orac itroner. Possession of controlled substances will result in mandatory revocation of your
erm o supervision.
10) You shall not frequent places where controlled substances are illegally sold, used, distributed
l or administered, or other places specified by the Court: _ _
11) You shall not associate with any {persons engaged in crrmina_I aotivrty, and shall not associate
wiilth 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 contrab_and observed in plarn vrew_by the probation officer. _
13) You shall immediate? notriy 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 officer.
14) You shall not enter into any agreement to act as an informer or a special agent of a law
enforoement agency wrthou the iiermrssion of the Court.
15) As directed by the probation o icer, you shall notify third parties of risks that may be
occasioned ery your criminal record or_personaI history or characteristics, and shall permit the
probation o icer to make such notification and to confirm your compliance with such
\_ notification requirement.
16) lf you have ever been convicted of a felony, you shall refrain from possessing a fire_arm,
ammunition, destn.rctive_device, or other dangerous weapon. lfryou have ever been convicted .
of a misdemeanor involving domestic violenoe, you shall refrain rom possession of any Hrearm
or ammunition. _ Possession of a firearm will result in mandatory revocation of irour term _of
siipervision. This prohibition does not apply to misdemeanor cases thatdrd not en all domestic
violence, unless a special condition is rmiposed by the Court. - _
· 17) Unless suspended by the Court, you sha I submit to one substance abuse test within the first
15 daiijs of su ervrsron and at least two periodic substance abuse tests thereafter, pursuant
to 18 .S.C. §P§ 3563(a)(5) and 3583(d); r
Case 2.04-cr-00594-ROS Document 125 Filed 05/O3/2006 Page 2 of 3
CR 04-00594 -002-PHX-ROS I n n Page 3 of 3
USA vs. Erick Montiel-Lopez
18) if supervision follows a term of imprisonment, you shall report in person tothe Probation Office
rn the district to which you are re eased within seventy-two.(72) hours of release. _
19) You shall pay any monetary penalties as ordered by he Court. You will notify the probation
officer of any material change in your economic circumstances that might affect your abrlrty to
pay restitution, fines, or special assessments.
The following special conditions are in addition to the conditions of supervised release or supersede
any related standard condition; .
1. If deported, you shail not re-enter the United States without legal authorization.
2. You shall cooperate in the collection of DNA as directed by the probation officer. _
I THE COURT FINDS that you have been sentenced in accordance with the terms ofthe plea A
agreement and that you have waived your right to appeal and to collaterally attack this matter. The
waiver has been knowingly 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 original or any subsequent
sentence for a violation occurring during the period of probation or supervised release.
r IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of thisjudgment
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: Monday, December 12, 2005
DATED this 12*“ day of December, 2005.
s . ive .
Urritecl`S arcs District Judge
RETURN
I have executed this Judgment as follows:
Defendant delivered on 3[ to I/€nU}U@¢at fj )b[‘k€ ih'?-—€J` , the
institution designated by the Bureau of Prisons, with a certified copy of this judgment in` a Criminal case.
{IE}/v¢2T’}1crrr (E '}’>7/m=;r, mg gg sy: Age
United States Marshal s
S CC:_USA/CNSL§CharIes M. McNuIty)!PROB(2)lPTS/FINIJUDGEIUSM(2 certified)/lCE (1
certrhed)/Order ook .
CR 04-00594~DD2-PHX-ROS·Chacon-Rocha {.0 { Q ( D 12r'15!051:45pm
z\¤·»W==
. Case 2:04-cr-00594-ROS Document 125 Page 3 of 3
Case 2:04-cr-00594-ROS
Document 125
Filed 05/03/2006
Page 1 of 3
Case 2:04-cr-00594-ROS
Document 125
Filed 05/03/2006
Page 2 of 3
Case 2:04-cr-00594-ROS
Document 125
Filed 05/03/2006
Page 3 of 3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms