Free Judgment Returned Executed - District Court of Arizona - Arizona

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DISTRICT OF ARIZONA "
United States of America
JUDGMENT IN A CRIMINAL CASE
v_ (For Offenses Committed on or After November 1, 1987)
Mario Aguilar N0. CR 02-00147-002-PHX-ROS
AI` : M ` A `I -P .
msgs am gm ar Graz Jerry Hernandez (Appointed)
Attorney for Defendant
USM#: 84002-008 |CE#: A96224648
THE DEFENDANT ENTERED A PLEA OF guilty on 2/1/2006 to Count One of the Superseding
Indictment.
ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE
FOLLOWING OFFENSE(S): violating Title 21, USC §841(a)(1), (b)(1 )(B), Possession with the Intent
to Distribute 50 grams or more of a mixture or substance containing a detectable amount of
Methamphetamine, a Schedule ll controlled substance, a Class B Felony offense, as charged in
Count One ofthe Superseding Indictment.
IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody
ofthe Bureau of Prisons for a term of FORTY SIX (46) MONTHS on Count One, 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 Count One.
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, paymentof 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 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(c). The total special assessment of $100.00 shall be paid pursuant to Title
18, United States Code, Section 3013 for Count One 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
Upon release from imprisonment, the defendant is placed on supervised release for a term of FIVE
(5) YEARS on Count One.
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USA vs. Mario Aguilar
The defendant 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 c mmitted on or after Se tember 13 1994: The defendant shall refrain from any
unlawful use of a controlled substance. Pursuant 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 officer.
The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in
18 U.S.C. §921.
It is the order of the Court that, pursuant to General Order 05-36, wh_ich incortgorates the
requirements of USSG §§5B1.3 and 5D1.2, you shall comply with the following condi ions:
1g 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
oermrssaon of the Court or probation officer: _
3) ou shall report to the Probation Office as directed bylthe Court or probation officer, and shall
submit a truthful and complete written report within t 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 famrly responsibilities. _
6 You shall work regularly at a lawful occupation unless excused by the probation officer for
schooling, training, or o her accatgtable reasons. _ A _
7) You Isha notifyt e probation o acer at least ten days prior to any change of residence or
emp oymen . _ _
8) You shall refrain from excessive use of alcohol and are suhject to bei_ng prohibited from the use
of alcohol rf ordered by the Court an a stoeeial condataon_o_ supervision. _
9) You shall not purchase, possess, use, astrabute or administer any narcotic or other controlled
substance as deiined an section 102 ofthe Controlled Substances Act (21 U.S.C. § 801) or any
paratghernalaa related to such substances, without a prescription y a licensed medical
orac ataoner. Possession of controlled substances will result in mandatory revocatron of your
erm of supervision. _ _
10) You shall not frequent places where controlled substances are illegally sold, used, drstrabuted
or administered, or other places specified by the Court.
11) You shall not associate with any Persons engaged in crimina_l activity, and shall not associate
wtth any person convacted of a elony unless granted permission to do so by the probation
o acer.
12) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit
confiscatien of an_y contraband observed ln plain view by the probation officer. _ _
13) You shall ammedaatettr notipr the probation officer (within forty-eight (48) hours af during a
weekend or on a hola ay) o being arrested or questioned by a law enforcement officer.
14) You shall not enter into any agreementto act as an anformer or a special agent of a law
enforcement agency wathota the ttermassaon of the Ceurt. _ _ _
15) As directed by the probatron o rcer, you shall notify third partaes of risks that may be
occasioned tory your criminal record orpersonal history or characteristics, and shall permit the
probataqn o ace_r to make such notafacation and to confirm your compliance with such
notaficataon requirement. _ _
16) lf you have ever been convacted of a felony, you shall refrain from possessing a firearm,
ammtgnataon, destructavedevice, or other dangerous weapon._ lftyou have ever been convicted
of a misdemeanor involving domestic violence, you shall refrain rom possession of any firearm
or ammqnataone Possession of a firearm wall result in mandatory revocation of your term of
stapervasaon. Thas prohibition does not apply to misdemeanor cases that did not en ail domestic
violence, unless a special condition as amlposed by the Court.
17) Unless suspended by the Court, you sha I submit to one substance abuse test within the first
15 days of supervision and thereafter at least two, but no more than two peraodac substance
abuse tests per year of supervision, pursuant to 18 U.S.C. §§ 3563(a)(5) and 3583(d);
18) If supervision fol ows a term of imprisonment, you shall repo an person to the Probation Office
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USA vs. Mario Aguilar
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 he Court. You _wiII notify the probation
officer of any material change in your economic circumstances that might affect your ability to
pay restitution, fines, or special assessments. _ _
20) fyou have ever been convicted of any qualifyéing federal or military: offense (including any
federal felony.) listed under 42 U.S.C._§ 141 5aLd)(1) or 10 U.S. . § 1565sd),!ou shal
coolperate in e collection of DNA as directed byt e probation officer pursuan to 2 U.S.C.
§ 1 135a(a)(2).
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.
2. You shali submit your person, propertyéincludingh but not limited to computer, electronic
devices, and storage media), residence, 0 ice, or ve icle to a search conducted by a probation
officer, at a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
4. You are _prohibited from making major purchases, incurring new financial obligations, or
entering into any financial contracts without the prior approva of the probation o icer.
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 lS 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, April 24, 2006
DATED this 24“‘ day of April, 2006. ..__,.. . . .
Unit •- S atcs District Judge
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USA vs. Mario Aguilar
RETURN
I have executed this Judgment as follows:
Defendant delivered on 7’OL0 to CQ at h m\ x , the
institution designated by the Bureau of Prisons, with a certilied copy of this judgment in a Crimin se.
. '\
( Q §{g};lL!3y =Ll;d§ By:
United tates Mars al Dep arshai
CC:_ USA/CNSLgJerry Hernandez)/PROB(2)/PTS/FIN/JUDGE/USM(2 certified)/ICE (1
certitied)!Order ook
CR 02-00147-UU2-Pl-IX-ROS - Aguilar 4I2BIDE 3:44pm
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