United Statesv.Velasquez

United States District Court For The Western District of North CarolinaMay 3, 2012
Case Number: DNCW311CR000330-001 (W.D.N.C. May. 3, 2012)

Case Number: DNCW311CR000330-001 USM Number: 26813-058

05-03-2012

UNITED STATES OF AMERICA v. Selvin Rivera Velasquez


JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)


Angela Parrott Defendant's Attorney

THE DEFENDANT:

X Pleaded guilty to count(s) 1.

____ Pleaded nolo contendere to count(s) which was accepted by the court.

____ Was found guilty on count(s) after a plea of not guilty.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

+--------------------------------------------------------------------------+ ¦Title and Section¦Nature of Offense ¦Date Offense Concluded¦Counts¦ +-----------------+--------------------------+----------------------+------¦ ¦8: 1326 ¦Reentry of Deported Aliens¦9/27/2011 ¦1 ¦ +--------------------------------------------------------------------------+

The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984, United States v. Booker, 125 S.Ct. 738 (2005), and 18 U.S.C. § 3553(a).

____ The defendant has been found not guilty on count(s).

____ Count(s) (is)(are) dismissed on the motion of the United States.

IT IS ORDERED that the defendant shall 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 monetary penalties, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.

____________


Max O. Cogbum Jr.


United States District


IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of TIME SERVED.

____ The Court makes the following recommendations to the Bureau of Prisons:

X The Defendant is remanded to the custody of the United States Marshal.

____ The Defendant shall surrender to the United States Marshal for this District:

____ as notified by the United States Marshal.
____ at ____ a.m. / p.m. on ____.


____ The Defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

____ as notified by the United States Marshal.
____ before 2 p.m. on ____.
____ as notified by the Probation Office.



RETURN

I have executed this Judgment as follows:

Defendant delivered on ___________ to _________________ at ____________, with a certified copy of this Judgment.

_______________


United States Marshal


By: __________


Deputy Marshal


CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance with the Schedule of Payments.

+---------------------------------+ ¦ASSESSMENT ¦FINE ¦RESTITUTION ¦ +------------+------+-------------¦ ¦$100.00 ¦$0.00 ¦$0.00 ¦ +---------------------------------+

____ The determination of restitution is deferred until ____. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

FINE

The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on the Schedule of Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).

X The court has determined that the defendant does not have the ability to pay interest and it is ordered that:

X The interest requirement is waived.

____ The interest requirement is modified as follows:

COURT APPOINTED COUNSEL FEES

____ The defendant shall pay court appointed counsel fees.

____ The defendant shall pay $ ____ towards court appointed fees.

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be due as follows:

A X Lump sum payment of $ 100.00 due immediately, balance due

____ not later than ____, or
____ in accordance ____ (C), ____ (D) below; or


B ____ Payment to begin immediately (may be combined with ____ (C), _ (D) below); or

C ____ Payment in equal ____ (e.g. weekly, monthly, quarterly) installments of $ ____ to commence ____ (e.g. 30 or 60 days) after the date of this judgment; or

D ____ Payment in equal ____ (E.g. weekly, monthly, quarterly) installments of $ ____ To commence ____ (E.g. 30 or 60 days) after release from imprisonment to a term of supervision. In the event the entire amount of criminal monetary penalties imposed is not paid prior to the commencement of supervision, the U.S. Probation Officer shall pursue collection of the amount due, and may request the court to establish or modify a payment schedule if appropriate 18 U.S.C. § 3572.

Special instructions regarding the payment of criminal monetary penalties:

____ The defendant shall pay the cost of prosecution.

____ The defendant shall pay the following court costs:

____ The defendant shall forfeit the defendant's interest in the following property to the United States:

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalty payments are to be made to the United States District Court Clerk, 401 West Trade Street, Room 210, Charlotte, NC 28202, except those payments made through the Bureau of Prisons' Inmate Financial Responsibility Program. All criminal monetary penalty payments are to be made as directed by the court.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.

STATEMENT OF ACKNOWLEDGMENT

I understand that my term of supervision is for a period of _____ months, commencing on _____ .

Upon a finding of a violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision.

I understand that revocation of probation and supervised release is mandatory for possession of a controlled substance, possession of a firearm and/or refusal to comply with drug testing.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

(Signed) _____


Defendant


(Signed) _____


U.S. Probation Office/Designated Witness