Case 3:13-cr-03127-WQH Document 77 Filed 06/05/24 PagelD.241 frbbe FEqDs
`AO 245D (CASDRev.1/19) Judgmentin a Criminal Case for Revocations|t~—OY
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`UNITED STATES DISTRICT COURT amue
`OLEa9RN DISTRICTOFCALIFORN
`SOUTHERN DISTRICT OF CALIFORNIA]
`py TS&
`1A —
`DEPUTY |
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`UNITED STATES OF AMERICA
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`Vv
`JOSE VILLANUEVA(2)
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`JUDGMENTIN A CRIMINAL CASE
`(For Revocation of Probation or Supervised Release)
`(For Offenses Committed On or After November 1, 1987)
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`Case Number:
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`3:13-CR-03127-WQH
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`REGISTRATION NO.
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`40440-298
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`”
`Li
`THE DEFENDANT:
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`Gerardo A Gonzalez
`Defendant’s Attorney
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`admitted guilt to violation of allegation(s) No.
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`4,5
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`(C1 wasfound guilty in violation ofallegation(s) No.
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`after denial of guilty.
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`Accordingly, the court has adjudicated that the defendantis guilty of the followingallegation(s):
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`Allegation Number
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`Nature of Violation
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`4
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`5
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`nv3, Unlawful use of a controlled substance or Failure to Test; VCCA (Violent Crime Control
`Act)
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`nv1i, Failure to report change in residence/employment
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`Supervised Release is revoked and the defendantis sentenced as provided in page 2 through 5 ofthis judgment.
`The sentence is imposed pursuant to the Sentencing Reform Act of 1984,
`IT IS ORDEREDthat the defendantshall 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
`judgmentare fully paid. If ordered to payrestitution, the defendant shal! notify the court and United States attorney of any
`material change in the defendant’s economic circumstances.
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`Date of Imposition of Sent
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`HON. WILLIAM Q.
`UNITED STATESAZISTRICT JUDGE
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`Case 3:13-cr-03127-WQH Document 77 Filed 06/05/24 PagelD.242 Page 2of5
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`AO 245D (CASD Rev. 01/19) Judgment in a Criminal Case for Revocations
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`DEFENDANT:
`JOSE VILLANUEVA (2)
`Judgment - Page 2 of 5
`CASE NUMBER:
`3:13-CR-03 127-WQH
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`IMPRISONMENT
`The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of:
`Five (5) months to run concurrently to case 20cr3175-WQH
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`OO
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`g
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`Sentence imposed pursuant to Title 8 USC Section 1326(b).
`The court makes the following recommendations to the Bureau of Prisons:
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`The defendant is remandedto the custody of the United States Marshal.
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`The defendant shall surrender to the United States Marshal for this district:
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`sat
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`A.M.
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`on
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`C]
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`as notified by the United States Marshal.
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`The defendantshall surrender for service of sentenceat the institution designated by the Bureau of
`Prisons:
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`
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`
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`Ol
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`QO
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`L]
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`onorbefore
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`as notified by the United States Marshal.
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`as notified by the Probation or Pretrial Services Office.
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`RETURN
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`I have executed this judgmentas follows:
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`Defendant delivered on
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`to
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`at
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`By
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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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`3:13-CR-03127-WQH
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`Case 3:13-cr-03127-WQH Document 77 Filed 06/05/24 PagelD.243 Page 3of5
`AO 245D (CASDRev. 01/19) Judgmentin a Criminal Case for Revocations
`—SSSSSEEEooOoooooEoEooEoEoooooooooooooSOO—————————————————————————————————————E—————————>L_LMLAEE_SSS—
`DEFENDANT:
`JOSE VILLANUEVA(2)
`Judgment- Page 3 of 5
`CASE NUMBER:
`3:13-CR-03127-WQH
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`SUPERVISED RELEASE
`Upon release from imprisonment, the defendant will be on supervised release for a term of:
`Fifty-five (55) months
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`MANDATORY CONDITIONS
`1, The defendant must not commit another federal, state or local crime.
`1. The defendant must not unlawfully possess a controlled substance.
`2. The defendant mustnotillegally possess a controlled substance. The defendant mustrefrain from any unlawful use of a
`controlled substance. The defendant must submit to one drug test within 15 days of release from imprisonmentand atleast
`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 the court.
`LlThe abovedrugtesting condition is suspended, based on the court's determination that the defendant poses a low
`risk of future substance abuse. (checkif applicable)
`UL The defendant must makerestitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing
`a sentence of restitution. (check if applicable)
`[iThe defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
`.
`5. UOThe defendant must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. §
`20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offenderregistration agency in
`the location where the defendantresides, works, is a student, or was convicted of a qualifying offense. (check if
`applicable)
`6. LIThe defendant mustparticipate in an approved program for domestic violence. (check if applicable)
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`3.
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`The defendant must comply with the standard conditions that have been adopted by this court as well as with any other
`conditions on the attached page.
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`3:13-CR-03 127-WQH
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`Case 3:13-cr-03127-WQH Document 77 Filed 06/05/24 PagelD.244 Page 4of5
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`AO 245D (CASD Rev. 01/19) Judgment in a Criminal Case for Revocations
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`DEFENDANT:
`JOSE VILLANUEVA(2)
`Judgment- Page 4 of 5
`CASE NUMBER:
`3:13-CR-03 127-WQH
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`STANDARD CONDITIONS OF SUPERVISION
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`—
`Aspart of the defendant’s supervised release, the defendant must comply with the following standard conditions of
`supervision. These conditions are imposed because they establish the basic expectations for the defendant’s behavior
`while on supervision andidentify the minimum tools needed by probation officers to keep informed, report to the
`court about, and bring about improvements in the defendant’s conduct and condition.
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`1. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
`hours of their release from imprisonment, unless the probation officer instructs the defendantto report to a different probation
`office or within a different time frame.
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`1. After initially reporting to the probation office, the defendantwill receive instructions from the court or the probation officer
`about how and when the defendant mustreport to the probation officer, and the defendant must report to the probation officer
`as instructed.
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`2. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside withoutfirst
`getting permission from the court or the prebation officer.
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`3. The defendant must answertruthfully the questions asked by their probation officer.
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`4. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or
`anything abouttheir living arrangements (such as the people living with the defendant), the defendant must notify the
`probation officer at least 10 days before the change. If notifying the probation officer in advanceis not possible due to
`unanticipated circumstances, the defendant must notify the probation officer within 72 hours ofbecoming aware of a change or
`expected change.
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`5. The defendant must allow the probation officer to visit them at any time at their home or elsewhere, and the defendantmust
`permit the probation officer to take any items prohibited by the conditionsof their supervision that he or she observesin plain
`view.
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`6. The defendant must work full time(at least 30 hours per week) at a lawful type of employment, unless the probation officer
`excuses the defendant from doing so. Ifthe defendant does not havefull-time employment the defendant musttry to find full-
`time employment, unless the probation officer excuses the defendant from doing so. Ifthe defendant plans to change where the
`defendant works or anything about their work (such as their position or their job responsibilities), the defendant must notify the
`probationofficer at least 10 days before the change. If notifying the probation officer at least 10 days in advanceis not possible
`due to unanticipated circumstances,the defendant mustnotify the probation officer within 72 hours of becoming aware of a
`change or expected change.
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`7. The defendant must not communicate or interact with someone they know is engaged in criminalactivity. Ifthe defendant
`knows someone has been convicted of a felony, they must not knowingly communicate or interact with that person without
`first getting the permission of the probation officer.
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`8. Ifthe defendantis arrested or questioned by a law enforcementofficer, the defendant must notify the probation officer within 72 hours.
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`§. The defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon(i.e.,
`anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such
`as nunchakusor tasers),
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`10. The defendant must not act or make any agreement with a law enforcement agency to act as a confidential human sourceor
`informant withoutfirst getting the permission of the court.
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`11. If the probation officer determines the defendantposes a risk to another person (including an organization), the probation
`officer may require the defendant to notify the person about the risk and the defendant must comply with that instruction.
`The probation officer may contact the person and confirm that the defendant notified the person abouttherisk.
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`12. The defendant must follow the instructions of the probation officer related to the conditions of supervision.
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`3:13-CR-03127-WQH
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`Case 3:13-cr-03127-WQH Document 77 Filed 06/05/24 PagelD.245 Page5of5
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`AO 245D (CASDRev. 01/19) Judgment in a Criminal Case for Revocations
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`DEFENDANT:
`JOSE VILLANUEVA(2)
`Judgment- Page 5 of 5
`CASE NUMBER:
`3:13-CR-03 127-WQH
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`SPECIAL CONDITIONS OF SUPERVISION
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`1. Submit your person, property, house, residence, vehicle, papers, [computers (as defined in 18 U.S.C. §
`1030(e)(1)), other electronic communications or data storage devices or media,] or office, to a search
`conducted by a United States probation officer. Failure to submit to a search may be groundsforrevocation
`of release. The offender must warn any other occupants that the premises may be subject to searches
`pursuant to this condition. An officer may conduct a search pursuant to this condition only when
`reasonable suspicion exists that the offender has violated a condition of his supervision andthat the areas
`to be searched contain evidence ofthis violation. Any search must be conducted at a reasonable time and
`in a reasonable manner.
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`2. Not enter or reside in the Republic ofMexico without written permission of the Court or probationofficer.
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`3. Report all vehicles owned or operated, or in which you havean interest, to the probation officer.
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`4. Resolve all outstanding warrants within (60) days.
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`5. Participate in it program of drug or alcohol abuse treatment, including urinalysis or sweat patch testing
`and counseling, as directed by the probation officer. Allow for reciprocal release of information between
`the probation officer and the treatment provider. May be required to contribute to the costs of services
`rendered in an amountto be determined by the probation officer, based on the defendant's ability to pay.
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`6. The defendantshall participate in a cognitive behavioral treatment program as directed by the probation
`officer, and if deemed necessary by the probation officer. Such program may include groupsessions led
`by a counselor, or participation in a program administered by the probation office. The defendant may be
`required to contribute to the cost of the service rendered in the amount to be determined by the program
`officer, based on the defendant’s ability to pay.
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`7, Abstain from the use of any and all alcohol, and not be present in (or frequent) places where alcoholis the
`main item ofsale.
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`3:13-CR-03127-WQH
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