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`Case 3:10-cr-02563-MMA Document 35 Filed 05/25/11 Page 1 of 4
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`M02458
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`(Rev. 9/00) Judgment in a Criminal Case
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`UNITED STATES DISTRICT COUIITI 25 P” 3‘ 03
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`SOUTHERN DISTRICT OF cALIF0nI‘;iiA”‘:‘.-‘gsI#I:;~i§lI%IE§I~°cl;E,£%I’*.tIi..
`UNITED STATES OF AMERICA
`AMENDED JUDGMENT IN A CRIMI
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`E
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`v_
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`(For Offenses Comfitftted On or After Novembegg
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`"FRANCISCO JAVIER CUEVAS-BAUTISTA,
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`case Number: 10cR2553_MMA
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`Kevin R. Riva
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`Defendant’s Attorney
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`REGISTRATION NO. 19988298
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`Correction of Sentence for Clerical Mistake (Fed. R. Crim. P.36)
`THE DEFENDANT:
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`pleaded guilty to count(s) THREE OF THE INDICTMENT
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`E] was found guilty on count(s)
`after a plea of not guilty.
`Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):
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`Title & Section
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`Nature of Offense
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`21 USC 952,960
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`IMPORTATION OF METI-IAMPI-IETAMINE
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`Count
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`Numbergs)_
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`3
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`The defémdam I5 Sentencw 35 PF0VId¢d In P3895 2 thmughif this judgment. The sentence is imposed pursuant
`to the Sentencing Reform Act of I984.
`D The defendant has been found not guilty on count(s)
`C0unt(s) One. Two and Four of the Indictment
`Assessment: $100.00
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`is
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`are[:] dismissed on the motion of the United States.
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`
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`, included herein.
`D Forfeiture pursuant to order filed
`Fine waived
`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 restitution, the
`defendant shall notify the court and United States attorney of any material change in the - ’ endant's economic circumstances.
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`
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`UNITED STATES DISTRICT JUDGE
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`10CR2563-MMA
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`
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`Case 3:10-cr-02563-MMA Document 35 Filed 05/25/11 Page 2 of 4
`Case 3:10—cr—O2563—MMA Document 35 Filed 05/25/11 Page 2 of 4
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`(Rev. 9/00) Judgment in Criminal Case
`A0 2458
`Sheet 2 — Imprisonment
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`DEFENDANT: FRANCISCO JAVIER CUEVAS-BAUTISTA,
`CASE NUMBER: 10CR2563_MMA
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`IMPRISONMENT
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`Judgment — Page
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`2
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`of __S__
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`The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of
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`FIFTY-SEVEN (57) MONTHS
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`El Sentence imposed pursuant to Title 8 USC Section 1326(b).
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`D The court makes the following recommendations to the Bureau of Prisons:
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`E] The defendant is remanded to the custody of the United States Marshal.
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`D The defendant shall surrender to the United States Marshal for this district:
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`[: E|a.m.
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`|:|p.m.
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`on
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`as notified by the United States Marshal.
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`|:] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
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`D E
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`] as notified by the United States Marshal.
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`D as notified by the Probation or Pretrial Services Office.
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`RETURN
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`I have executed thisjudgment as follows:
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`Defendant delivered on
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`to
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`at
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`, with a certified copy of this judgment.
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`UNITED STATES MARSHAL
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`DEPUTY UNITED STATES MARSHAL
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`10CR2563-MMA
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`Case 3:10-cr-02563-MMA Document 35 Filed 05/25/11 Page 3 of 4
`Case 3:10—cr—O2563—MMA Document 35 Filed 05/25/11 Page 3 of 4
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`(Rev. 3/ l0) Judgment in a Criminal Case for Revocations
`A0 245D
`Sheet 3 —- Supervised Release
`Judgment—Page
`,1
`of
`4
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`DEFENDANT: FRANCISCO JAVIER CUEVAS-BAUTISTA,
`CASE NUMBER: 10CR2563-MMA
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`-
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`SUPERVISED RELEASE
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`Upon release from imprisonment, the defendant shall be on supervised release for a term of:
`FIVE (05) YEARS
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`I\
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`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 ofPrisons.
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`The defendant shall not commit another federal, state or local crime.
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`For offenses committed on or afler September 13, I994:
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`The defendant shall not illegally possess a controlled substance. The defendant shall refrain from any unlawful use ofa 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 as determined by the court. Testing requirements will not exceed submission of more than
`4
`drug tests per month during
`the term of supervision, unless otherwise ordered by court.
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`E] The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of
`future sub stance abuse. (Check, if applicable.)
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`The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.
`The defendant shall cooperate in the collection ofa DNA sample from the defendant, pursuant to section 3 of the DNA Analysis
`Backing Elimination Act of 2000, pursuant to l8 USC sections 3563(a)(7) and 3583(d).
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`E] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works,
`or is a student, as directed by the probation officer. (Check, if applicable.)
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`E] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
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`any such fine
`If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pa
`or restitution that remains unpaid at the commencement ofthe term of supervised release in accordance with the Schedule 0 Payments set
`forth in this judgment.
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`The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with
`any special conditions imposed.
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`STANDARD CONDITIONS OF SUPERVISION
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`1)
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`2)
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`3)
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`4)
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`5)
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`6)
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`7)
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`8)
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`9)
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`10)
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`11)
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`12)
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`13)
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`the defendant shall not leave the judicial district without the permission ofthe court or probation officer;
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`the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of
`each month;
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`the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
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`the defendant shall support his or her dependents and meet other family responsibilities;
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`the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
`acceptable reasons;
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`the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
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`the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
`controlled substance.or any paraphernalia related to any controlled substances, except as prescribed by a physician;
`the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
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`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;
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`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 ofthe probation officer;
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`the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement officer;
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`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; and
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`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 confirm the
`defendant's compliance with such notification requirement.
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`10CR2563-MMA
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`Case 3:10-cr-02563-MMA Document 35 Filed 05/25/11 Page 4 of 4
`Case 3:10—cr—O2563—MMA Document 35 Filed 05/25/11 Page 4 of 4
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`(Rev. 9/00) Judgment in a Criminal Case
`A0 245B
`Sheet 4 - Special Conditions
`Judgment—Page ;_ of __4j_
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`DEFENDANT: FRANCISCO JAVIER CUEVAS-BAUTISTA,
`CASE NUMBER: 10CR2563-MMA
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`SPECIAL CONDITIONS OF SUPERVISION
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`Submit person, residence, office or vehicle to a search, conducted by a United States Probation Officer at a reasonable time and in a
`reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release; failure to submit to a
`search may be grounds for revocation; the defendant shall warn any other residents that the premises may be subject to searches pursuant to
`this condition.
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`If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation
`officer with 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure.
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`El Not transport, harbor, or assist undocumented aliens.
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`[I Not associate with undocumented aliens or alien smugglers.
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`I] Not reenter the United States illegally.
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`D Not enter the Republic of Mexico without written permission of the Court or probation officer.
`I] Report all vehicles owned or operated, or in which you have an interest, to the probation officer.
`[:1 Not possess any narcotic drug or controlled substance without a lawful medical prescription.
`D Not associate with known users of, smugglers of, or dealers in narcotics, controlled substances, or dangerous drugs in any fonn.
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`El Participate in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a
`psychiatrist/physician, and not discontinue any medication without permission. The Court authorizes the release of the presentence report
`and available psychological evaluations to the mental health provider, as approved by the probation officer. The ‘defendant may be required
`to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.
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`Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation
`officer, if directed.
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`D Provide complete disclosure of personal and business financial records to the probation officer as requested.
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`Be prohibited from opening checking accounts or incurring new credit charges or opening additional lines of credit without approval of the
`probation officer.
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`lj Seek and maintain full time employment and/or schooling or a combination of both.
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`[I Resolve all outstanding warrants within
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`days.
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`hours of community service in a program approved by the probation officer within
`D Complete
`El Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of
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`D Comply with the conditions of the Home Confinement Program for a period of
`except for activities or employment as approved by the court or probation officer.
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`months and remain at your residence
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`D Participate in a program of drug or alcohol abuse treatment, including urinalysis testing and counseling, as directed by the probation officer.
`The defendant may be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based
`on the defendant's ability to pay.
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`10CR2S63-MMA