throbber
Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 1 of 8 Page ID #:5774
`
`United States District Court
`Central District of California
`
`UNITED STATES OF AMERICA vs.
`
`Docket No.
`
`CR 11-00893-ODW-1
`
`Defendant
`Paul Montoya
`akas: Pski, also known as, Pimpin
`
`Social Security No. 5
`(Last 4 digits)
`
`3
`
`0
`
`4
`
`JUDGMENT AND PROBATION/COMMITMENT ORDER
`
`In the presence of the attorney for the government, the defendant appeared in person on this date.
`
`MONTH DAY
`Oct.
`20
`
`YEAR
`2014
`
`James E Blatt . Retained
`(Name of Counsel)
` X GUILTY, and the court being satisfied that there is a factual basis for the plea.
`
`COUNSEL
`
`PLEA
`
`FINDING
`
`JUDGMENT
`AND PROB/
`COMM
`ORDER
`
`NOLO
`CONTENDERE
` There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
`Count 1 of the First Superseding Indictment: 21:846 CONSPIRACY TO DISTRIBUTE AND POSSESS WITH
`INTENT TO DISTRIBUTE MARIJUANA
`The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
`contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
`Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the
`custody of the Bureau of Prisons to be imprisoned for a term of:
`37 months on Count 1 of the First Superseding Indictment.
`
`
`
`NOT
`GUILTY
`
`Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years under
`the following terms and conditions:
`
`1. The defendant shall comply with the rules and regulations of the United States Probation Office and
`General Order 05-02.
`
`2. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit
`to one drug test within 15 days of release from imprisonment and at least two periodic drug tests
`thereafter, not to exceed eight tests per month, as directed by the Probation Officer.
`
`3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that
`includes urinalysis, breath and/or sweat patch testing, as directed by the Probation Officer. The
`defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during
`the period of supervision.
`
`4. During the course of supervision, the Probation Officer, with the agreement of the defendant and
`defense counsel, may place the defendant in a residential drug treatment program approved by the
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 1
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 2 of 8 Page ID #:5775
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`United States Probation Office for treatment of narcotic addiction or drug dependency, which may
`include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the
`defendant shall reside in the treatment program until discharged by the Program Director and Probation
`Officer.
`
`5. The defendant shall participate in a program for gambling addiction as directed by the Probation
`Officer, until discharged from the program by the service provider with the approval of the
`Probation Officer. The defendant shall pay the cost of such program;
`
`6. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the
`defendant's drug dependency to the aftercare contractor during the period of community
`supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of
`payment as directed by the Probation Officer.
`
`7. During the period of community supervision, the defendant shall pay the special assessment in
`accordance with this judgment's orders pertaining to such payment.
`
`8. The defendant shall cooperate in the collection of a DNA sample from himself.
`
`It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due
`immediately.
`
`Pursuant to Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established
`that he is unable to pay and is not likely to become able to pay any fine.
`
`The court has entered a money judgment of forfeiture against the defendant, which is hereby incorporated by
`reference into this judgment and is final.
`
`Pursuant to 18 U.S.C. § 3553(a)(2)(D), the Court authorizes the Probation Office to disclose the Presentence
`Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction
`or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited
`without the consent of this Court.
`
`It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons
`on or before noon, on January 7, 2015. In the absence of such designation, the defendant shall report on or
`before the same date and time to the United States Marshal located at the Royal Federal Building, 255 East
`Temple Street, Los Angeles, California 90012.
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 2
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 3 of 8 Page ID #:5776
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`Pursuant to 18 U.S.C. § 3553(a), the Court shall impose a sentence sufficient, but not greater than necessary, to
`comply with the purposes set forth in paragraph (2) of this subsection. The Court, in determining the particular
`sentence to be imposed, shall consider --
`
`1.
`
`2.
`
`3.
`4.
`5.
`
`b.
`c.
`d.
`
`The nature and circumstances of the offense and the history and
`characteristics of the defendant;
`The need for the sentence imposed --
`the offense;
`a.
`To
`reflect
`the
`seriousness of
`law, and to provide just punishment for the offense;
`To afford adequate deterrence to criminal conduct;
`To protect the public from further crimes of the defendant; and
`To provide
`the defendant with needed correctional
`effective manner.
`The kinds of sentences available;
`The guideline sentencing range;
`sentence disparities
`The need
`to
`avoid unwarranted
`similar records who have been found guilty of similar conduct
`
`to promote
`
`respect
`
`for
`
`the
`
`treatment
`
`in
`
`the most
`
`among defendants with
`
`In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
`Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
`supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
`supervision for a violation occurring during the supervision period.
`
` October 20, 2014
`Date
`
`U. S. District Judge
`
`It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
`
`Clerk, U.S. District Court
`
` October 20, 2014
`Filed Date
`
`ByS. En S. English
`
`Deputy Clerk
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 3
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 4 of 8 Page ID #:5777
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).
`
`STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
`
`While the defendant is on probation or supervised release pursuant to this judgment:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`The defendant shall not commit another Federal, state or local crime;
`
`the defendant shall not leave the judicial district without the written
`permission of the court or probation officer;
`
`11.
`the defendant shall report to the probation officer as directed by the
`court or probation officer and shall submit a truthful and complete
`written report within the first five days of each month;
`
`12.
`the defendant shall answer truthfully all inquiries by the probation
`officer and follow the instructions of the probation officer;
`
`13.
`the defendant shall support his or her dependents and meet other
`family responsibilities;
`
`14.
`the defendant shall work regularly at a lawful occupation unless
`excused by the probation officer for schooling, training, or other
`acceptable reasons;
`
`the defendant shall notify the probation officer at least 10 days prior
`to any change in residence or employment;
`
`15.
`the defendant shall refrain from excessive use of alcohol and shall not
`purchase, possess, use, distribute, or administer any narcotic or other
`16.
`controlled substance, or any paraphernalia related to such substances,
`except as prescribed by a physician;
`
`the defendant shall not frequent places where controlled substances
`are illegally sold, used, distributed or administered;
`
`the defendant shall not associate with any persons engaged in criminal
`activity, and shall not associate with any person convicted of a felony unless
`granted permission to do so by the probation officer;
`
`the defendant shall permit a probation officer to visit him or her at any time
`at home or elsewhere and shall permit confiscation of any contraband
`observed in plain view by the probation officer;
`
`the defendant shall notify the probation officer within 72 hours of being
`arrested or questioned by a law enforcement officer;
`
`the defendant shall not enter into any agreement to act as an informer or a
`special agent of a law enforcement agency without the permission of the
`court;
`
`as directed by the probation officer, the defendant shall notify third parties
`of risks that may be occasioned by the defendant’s criminal record or
`personal history or characteristics, and shall permit the probation officer to
`make such notifications and to conform the defendant’s compliance with
`such notification requirement;
`
`the defendant shall, upon release from any period of custody, report to the
`probation officer within 72 hours;
`
`and, for felony cases only: not possess a firearm, destructive device, or any
`other dangerous weapon.
`
`The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 4
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 5 of 8 Page ID #:5778
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
`
`The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
`restitution is paid in full before the fifteenth (15th) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be subject
`to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution , however, are not
`applicable for offenses completed prior to April 24, 1996.
`
`If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the
`balance as directed by the United States Attorney’s Office. 18 U.S.C. §3613.
`
`The defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
`residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).
`
`The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the
`defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The
`Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust
`the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation 18 U.S.C.
`§3563(a)(7).
`
`Payments shall be applied in the following order:
`
`1. Special assessments pursuant to 18 U.S.C. §3013;
`
`2. Restitution, in this sequence:
`
`Private victims (individual and corporate),
`
`Providers of compensation to private victims,
`
`The United States as victim;
`
`3. Fine;
`
`4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
`
`5. Other penalties and costs.
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 5
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 6 of 8 Page ID #:5779
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE
`
`As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report
`inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement, with
`supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open
`any line of credit without prior approval of the Probation Officer.
`
`The defendant shall maintain one personal checking account. All of defendant’s income, “monetary gains,” or other pecuniary proceeds
`shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any
`business accounts, shall be disclosed to the Probation Officer upon request.
`
`The defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
`approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
`
`These conditions are in addition to any other conditions imposed by this judgment.
`
`I have executed the within Judgment and Commitment as follows:
`
`RETURN
`
`Defendant delivered on
`Defendant noted on appeal on
`Defendant released on
`Mandate issued on
`Defendant’s appeal determined on
`Defendant delivered on
`
`to
`
`to
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 6
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 7 of 8 Page ID #:5780
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`at
`the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
`
`Date
`
`United States Marshal
`
`By
`Deputy Marshal
`
`CERTIFICATE
`
`I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
`legal custody.
`
`Filed Date
`
`Clerk, U.S. District Court
`
`By
`Deputy Clerk
`
`FOR U.S. PROBATION OFFICE USE ONLY
`
`Upon a finding of 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.
`
`These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
`
`(Signed)
`
`Defendant
`
`Date
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 7
`
`

`
`Case 2:11-cr-00893-ODW Document 542 Filed 10/20/14 Page 8 of 8 Page ID #:5781
`
`USA vs.
`
`Paul Montoya
`
`Docket No.:
`
`CR 11-00893-ODW-1
`
`U. S. Probation Officer/Designated Witness
`
`Date
`
`CR-104 (03/11)
`
`JUDGMENT & PROBATION/COMMITMENT ORDER
`
`Page 8

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