Free Judgment Returned Executed - District Court of Arizona - Arizona

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DEC 2 8 ZDU5
CLERK u s DISTRICT count
uivmso sm res orsmrcr counr BY D'S““'°T OF '*"§°,§',§‘,,U,Y
DISTRICT OF ARIZONA ?_*—·’—~»-M
United States of America
JUDGMENT IN A CRIMINAL CASE
y_ (For Offenses Committed on or After November 1, 1987)
Al` : C t ll NI Z `
IHSSS as e anos arcy uniga Jason Leonard (Appoimgd)
Attorney for Defendant
USII/i#: 81312-008
THE DEFENDANT ENTERED A PLEA OF Guilty on 7/15/05 to Count Eight of the Superseding
Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 8, USC §1324(a)(1 )(A)(iii) and (a)(1 )(A)(v)(I), Conspiracy
to Harbor Illegal Aliens, a Class C Felony offense, as charged in Count Eight 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 FORTY—SlX (46) MONTHS on Count Eight. Upon release
from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3)
YEARS on Count Eight. The Court recommends that the defendant be placed in an institution
where he has the opportunity to work and earn money.
y IT IS FURTHER ORDERED that all remaining counts as to this defendant are dismissed on motion
of the United States.
S CRIMINAL MONETARY PENALTIES
The 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.
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 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 Count Eight 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
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
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CR 03-01188-007-PHX—NVW Page 2 of 3
USA vs. Marcy Zuniga-Castellanos
Upon release from imprisonment, the defendant is placed on supervised release for a term of
THREE (3) YEARS on Count Eight.
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 Se tember 13 1994: The defendant shall refrain from any
unlawful use of a controlled substance. Pursuant to 18 USC §3583(a)(5) and 3583(d) the defen_dant
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 above drug testing condition is suspended based on the Court's determination that the
defendant poses a low risk of future substance abuse.
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 anotherfederal, state, or local crime during the term of supenrision.
2 You shall not leave the judicial district or other specified geographic area wtthout the
eermission of the Court or probation officer.
3) ou shall reeort to the Probation Office as directed beithe Court or probation officer, and shall
submit a tru hful and complete written report within t e first five dag/s of each month. _
4) You shall answer truthfully all inquiries by the probation officer an follow the instructions of
the probation ofhcer.
5 You shall support your dependents and meet other family responsibilities.
8 You shall work regularly at a lawful occupation unless excused by the probation officer for
schooline, trainine], or o her acceptable reasons.
7) You Isha netify 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 sutpect to being prohibited from the use
of alcohol if ordered by the Court in a ?eciaI condition o supervision.
9) You shall not purchase, possess, use, istribute or administer any narcotic or other controlled
substance ae defined in section 102 of the Contrplled Substances Act S21 U.S.C. § 801) or any
paraphernalia related to such substances, without a prespription y a licensed medical
prac itioner. Possession of controlled substances will result in mandatory revocation of your
term of supervision. _
10) You shall not frequent places where centrolled substances are illegally sold, used, distributed
or administered, or other places specified by the Court. _
11) Yeu shall not associate with any Tpersons engaged in criminal activity, and shall not associate
wllfth any person convicted of a elony unless granted permission to do so by the probation
o icer.
12) You sha|I_ 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) You shall immediategw noti? 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 ane agreement to act as an informer or a special agent of a law
enforcement agency withou the germission of the Court.
15) As directed by the probation o icer, you shall notify third parties of risks that may be
occasiened by your criminal record or_personaI history or characteristics, and shall permit the
probation officer to make such notification and to confirm your compliance with such
notification requirement.
18) If you have ever been convicted of a felony, you shall refrain from possessing a firearm,
ammunition, destri,1ctive_device, or other dangerous weapon. Iftyou have ever been convicted
of a misdemeanor involving domestic violencge, you shall refrain rom possession of anyfirearm
or ammunition. Possession of a firearm will result in mandatory revocation of your term of
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CR 03-01188-00i¤ PHX—l\lVW Page 3 of 3
USA vs. Marcy Zuniga-Castellanos
supervision. This prohibition does not apply to misdemeanor cases that did not entail domestic
violence, unless a special condition is imposed by the Court. _
17) Unless suspended by the Court, you sha I submit to one substance abuse test within the frrst
15 dayjs of su ervision and at least two periodic substance abuse tests thereafter, pursuant
to 18 .S.C. §·§ 3563(a)(5) and 3583(d); _ _
18) If supervision ollows a term of imprisonment, you shall report rn 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 any material change in your economic circumstances that might affect your ability to
pay restitution, fines, or special assessments.
Thefollowlng 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.
2. You shall cooperate in the collection of DNA as directed by the probation officer.
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 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 and recommends that the
defendant be placed in an institution where he has the opportunity to work and earn money. The
defendant is remanded to the custody of the United States Marshal.
Date of imposition of Sentence: Monday, September 19, 2005
DATED this 19*** day of September, 2005. é ' é
Nei! V. Wake
RETURN . . .
I have executed this Judgment as follows: Umwd S District Judge
Defendant delivered on §2·`®`l'@o “\LX>` at WM, ,the
Institution designated by the Bureau of Prisons, with a certified copy of this] .· ·· tr - t in a Criminal case.
r , *9 x _` ir
Byi L.;} . rg
united stares Marshal ¤:.. · J @77; ; QM!
CC: USA/CNSL(Jason Leonard)/PROB(2)/PTS/FIN/JUDG USM(2 certified)/ECE (1
certified)/Order Book
CR 03~01188 07-PHX—NVW - Tirado—Sandova| B/19/05 12:17pm
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