Free Judgment Returned Executed - District Court of Arizona - Arizona


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Date: June 7, 2006
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State: Arizona
Category: District Court of Arizona
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I. 2
____ LODBED
5 _____ RECEIVED ___ COPY I
UNITED STA TES DISTRICT cousin 1; U J N a E
orsrnicr or= ARIZONA I = rr ll 7 2Ull6
_ _ I _ , CLERK u S DISTRICT COURT
Unrted States of Amerrca , DIST ,C R Z
JUDGMENT rn A cnrgtrrlrwgrg EASI? g' °5`E`r»ow}
v_ (For0ffenses Committed on orAfrer Novern , ·—· ’ ‘ ’ ·
Edit orranao ourrten-erneos N¤- GR ¤3·°ii88·°°9·PHX·NVW
Aliases: Jose Alberto Quinonez, Edil _ _
Palma-Franco, Tomas Rodriguez- §l¤§;LYL£§t§_[%$*t(APP°'”t°d)
Aguilar, Jose Quinonez
USM#: 68948-053 ICE#: A97512760 ` I
THE DEFENDANT ENTERED A PLEA OF Guilty on 8/16/*2005 to the Information.
ACCORDINGLY, THE COURT HAS ADJUDICATEDTI-IATTHE DEFENDANTIS GUILTY OF THE
FOLLOWING OFFENSE(S): violating 'Htle 18, USC §924(c)(1)(A}(ii), Possession (Brandishing) a
Firearm in Furtherance of a Crime of violence, a Class A Felony offense, as charged in the
Information.
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 ONE HUNDRED TWENTY (120) MONTHS. Upon release
from imprisonment, the defendant shall be placed on supervised release for a term of FIVE (5)
YEARS.
ITIS FURTHER ORDERED dismissing the Superseding Indictment as to this defendant on motion
of the Government.
CRIMINAL MONETARY PENALTIES
'Ihe defendant shall pay to the Clerk 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.
lf 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 Pr|sons' Inmate Financial Responsibility Program. Criminal monetary
payments shall be made tothe 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(c}. The total special assessment of $100.00 shall be paid pursuant to Title
*18, United States Code, Section 3013 for the Information.
Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior ID the expiration of
supervision. Until all restitutions, lines, 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.
. Case 2:03-cr—01188—NVW Document 357 Filed 06/07/2006 Page 1 of 3

{ ’•
CR 03-01188-009-PHX—N\/iN Page 2 of 3
USA vs. Edil Orlando Guillen-Pirreda
SUPERVISED RELEASE
Upon release from imprisonment, the defendant is placed on supervised release for a term of FIVE
(5) YEARS.
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 ofthe Bureau of Prisons.
For offenses committea on or after Sggtembgr 13, Egg: The defendant shall refrain from any
un awful use o a contro ed substance. ursuant to C §3563(a)(5) and 35B3(d) the defendant
shall submit to one drug fest 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 above drug testing condition is suspended based on the Courts determination that the
defendant poses a low risk of future substance abuse. W `
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §92'l.
The defendant shall comply with the standard conditions of supervision adopted by this Court in
General Order 04-11: _ _ i _ _
1) You shall not commit anotherfederal, state, or local crrme during the terrn of supervision.
2 You shall not leave the judicial drstnct or other specified geographic area without the
permission of the Court or probation officer. _
3) ou shall report to the Probation Qflice as directed blylthe Court or probation officer, and shall
submit a truthful and complete written report within e first five days of each month. _
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation officer. _ _ _
. 5 You shall support your dependents and meet other family responsibilities. _ _
6 You shall wor regularly at a lawful occupation unless excused by the probation officer for
schooling, training, or o her acceptable reasons.
7) You isha notify t e probation o cer at least ten days prior to any change of residence or
emp oymen . _ _
8) You shall refrain from excessive use of alcohol and are sutyect to being prohibited from the use
of alcohol if ordered by the Court in a ?ecral condition o supervision.
9) You shall not purchase, possess, use, istrrbute or administer any narcotic or other controlled
substance as defined in section 102 of the Controlled Substances Act gi U.S.C. § 801) or any
i paraphernalia related to such substances, without a prescription y a licensed medical
prac rtioner. 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. _
11) You shall not associate with any tgersons engaged in criminal activity, and shall not associate
wgih any person convicted of a Iony unless granted permission to do so by the probation
o cer.
· 12) You shall pemrit a probation officer to visit at any time at home or elsewhere and shall permit
. conhscation of any contraband observed rn plain view by the probation officer.
13) You shall immediately mg? the probation officer (within forty—eight (48) hours if during a
weekend or on a holr ay) being arrested or questioned by a law enforcement ofhcer.
14) You shall not enter into any agreementjo act as an mformer or a special agent of a law
enforcement agency wrthou theagermrssron ofthe Court. _ _
15) As directed by the probation acer, you shall notify third parties of risks that may be
occasioned Ibfy your criminal record or personal history or characteristics, and shall permit the
pro_batron o icer to make such notification and to confirm your compliance with such
r notification requirement. _ _ _
16) If you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destructive device, or other dangerous weapon. If you have ever been convicted
Case 2:03—cr—01188-NVW Document 357 Filed 06/07/2006 Page 2 of 3

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CR 03-01188-009-Pi-IX-NVW Page 3 of 3
1 USA vs. Edil Orlando Gull len-Pineda
ofa misdemeanor involving domestic violence, you shall refrain from possession ofany firearm
, or ammunition. Possession of a firearm will result in mandatory revocation of yeur term of
` supervision. This prohibition does not apply to misdemeanor cases that did not en all domestic
violence, unless a special condition is imlposed by the Court. _ _ _
17) Unless suspended by the Court, you sha I submit to one substance abuse test within the first
15 dabs of su ervision and at least two periodic substance abuse tests thereafter, pursuant
to 18 §§ 3563(a)(5) and 35§33(d); _ _
18) lfsuperyision follows a term of imarisonment,_you shall report in person to the Probation Office
in 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 ariy material change in your economic circumstances that might affect your ability 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; W g __ 4___;_____,__,__ .
1. lf deported, you shall not re-enter the United States without legal authorization.
2. You shall cooperate in the collection of DNA as directed by the probation officer.
3. You shall not violate a federal, state, or local law.
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 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.
IT IS FURTHER ORDERED that the Clerk ofthe Court deliver two certified copies ofthis 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: Monday, December 12 _ M
in A DATED this 14"‘ day of December, 2005.
United States District Judge
RETURN
have executed this Judgment as follows:
1 Defendant delivered on to *‘ -06 at , the
institution designated by the Bureau of Prisons, with a certified copy thisjudgment in a Criminal case.
By:
United States Marshal /{C4jU_,r 4;,
CC: USA/CNSL(Nei| LaBarge)/PROB(2)/PTS/FIN/JUDGE/USM(2 certified)/ICE (1
certifiedn)/Order Book
CR 03-01188- 09-PHX-NVW - Tirado-Sandoval 12/14/05 8:30am
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