United States

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UNITED STATES DISTRICT COURT District of New MexicoJan 27, 2012
Case Number: 2:06CR00536-005JB (D.N.M. Jan. 27, 2012)

Case Number: 2:06CR00536-005JB USM Number: 27328-051



Defense Attorney: Charles "C.J." McElhinney, Appointed

Judgment in a Criminal Case

(For Revocation of Probation or Supervised Release)

Defense Attorney: Charles "C.J." McElhinney, Appointed


[×] admitted guilt to violations of condition(s) MC, Special of the term of supervision.

[] was found in violation of condition(s) after denial of guilt.

The defendant is adjudicated guilty of these violations:

+-----------------------------------------------------------------------------+ ¦ Violation Number ¦ Nature of Violation ¦ Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Mandatory Condition - The defendant ¦ ¦ ¦1 ¦failed to refrain from unlawful use of09¦ ¦ ¦ ¦/26/2011 a controlled substance. ¦ ¦ +-----------------------------------------------------------------------------+

The defendant is sentenced as provided in pages 1 through 2 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[] The defendant has not violated condition(s) and is discharged as to such violation(s).

IT IS FURTHER ORDERED that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.


Last Four Digits of Defendant's Soc. Sec. No.


Defendant's Year of Birth

Dexter, NM

City and State of Defendant's Residence

January 20, 2012

Date of Imposition of Judgment

James O. Browning

Signature of Judge

Honorable James O. Browning

United States District Judge

Name and Title of Judge


The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 3 months.

Although advisory, the Court has considered the Guidelines and, in arriving at its sentence, has taken account of the Guidelines with other sentencing goals. Specifically, the Court has considered the Guidelines' sentencing range established for the applicable category of offense committed by the applicable category of Defendant. The Court believes that the punishment is appropriate for this sort of offense. Therefore, the sentence in this judgment is consistent with a guideline sentence. The Court has considered the kind of sentence and range established by the Guidelines. The Court believes that a sentence of 3 months reflects the seriousness of the offense, promotes respect for the law, provides just punishment, affords adequate deterrence, protects the public and effectively provides the Defendant with needed education or vocational training and medical care, and otherwise fully reflects each of the factors embodied in 18 U.S.C. Section 3553(a). The Court also believes the sentence is reasonable. The Court believes the sentence is sufficient, but not greater than necessary, to comply with the purposes set forth in the Sentencing Reform Act.

[] The court makes these recommendations to the Bureau of Prisons:

[×] The defendant is remanded to the custody of the United States Marshal.

[] The defendant shall surrender to the United States Marshal for this district:

[] at on
[] as notified by the United States Marshal.

[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

[] before 2 p.m. on
[] as notified by the United States Marshal
[] as notified by the Probation or Pretrial Services Office.


I have executed this judgment as follows:

Defendant delivered on __________ to __________ at __________ with a certified copy of this judgment.



By ____________________