USA v. Arriaga-Zavala

JUDGMENT (For Revocation of Probation or Supervised Release) as to Ivan Arriaga-Zavala. Defendant admitted guilt to allegations 1 and 2 and is committed to the custody of the Bureau of Prisons for 12 months and 1 day to be served consecutive to the sentence imposed in 8:06CR230; no supervised release to follow; $100 Special Assessment due immediately (balance of $75.00 remains due) as to defendant Ivan Arriaga-Zavala. Ordered by Judge Joseph F. Bataillon. - (4 cc to USM)

District of Nebraska, ned-8:2004-cr-00414-32881

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8:04-cr-00414-JFB-TDT Doc # 37 Filed: 12/19/06 Page 1 of 4 - Page ID # 71 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:04cr414-001 USM Number 19785-047 IVAN ARRIAGA-ZAVALA Defendant DAVID M. O'NEILL Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) THE DEFENDANT admitted guilt to the violation of the mandatory condition which states the defendant shall not commit another federal, state or local crime and special condition #3 of the term of supervision. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense: Date Violation Violation Number Nature of Violation Concluded 1 New law violation June 29, 2006 2 Failure to comply with BICE regulations June 29, 2006 The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984 and Booker/FanFan decisions. Following the imposition of sentence, the Court advised the defendant of his right to appeal pursuant to the provisions of Fed. R. Crim. P. 32 and the provisions of 18 U.S.C. § 3742 (a) and that such Notice of Appeal must be filed with the Clerk of this Court within ten (10) days of this date. 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 defendant's economic circumstances. Date of Imposition of Sentence: December 15, 2006 s/Joseph F. Bataillon United States District Judge December 19, 2006 8:04-cr-00414-JFB-TDT Doc # 37 Filed: 12/19/06 Page 2 of 4 - Page ID # 72 Defendant: IVAN ARRIAGA-ZAVALA Page 2 of 4 Case Number: 8:04cr414-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twelve (12) months and one (1) day to be served consecutive to the sentence imposed in 8:06CR230. The Court makes the following recommendations to the Bureau of Prisons: (X) The defendant is remanded to the custody of the United States Marshal. ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of a copy of this judgment this ____ day of ____________, ______ _____________________________ Signature of Defendant RETURN It is hereby acknowledged that the defendant was delivered on the ____ day of _______________, _____ to _________________________________, with a certified copy of this judgment. __________________________________ UNITED STATES WARDEN By:__________________________________ NOTE: The following certificate must also be completed if the defendant has not signed the Acknowledgment of Receipt, above. CERTIFICATE It is hereby certified that a copy of this judgment was served upon the defendant this ____ day of _______________, ______ __________________________________ UNITED STATES WARDEN By:__________________________________ 8:04-cr-00414-JFB-TDT Doc # 37 Filed: 12/19/06 Page 3 of 4 - Page ID # 73 Defendant: IVAN ARRIAGA-ZAVALA Page 3 of 4 Case Number: 8:04cr414-001 SUPERVISED RELEASE No term of supervised release is imposed. CRIMINAL MONETARY PENALTIES The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth in this judgment. Total Assessment Total Fine Total Restitution $100.00 The Court has determined that the defendant does not have the ability to pay interest and it is ordered that: interest requirement is waived. FINE No fine imposed. RESTITUTION No restitution was ordered. 8:04-cr-00414-JFB-TDT Doc # 37 Filed: 12/19/06 Page 4 of 4 - Page ID # 74 Defendant: IVAN ARRIAGA-ZAVALA Page 4 of 4 Case Number: 8:04cr414-001 SCHEDULE OF PAYMENTS The special assessment of $100.00 is due immediately; a balance of $75.00 remains due. The criminal monetary penalty is due in full on the date of the judgment. The defendant is obligated to pay said sum immediately if he or she has the capacity to do so. The United States of America may institute civil collection proceedings at any time to satisfy all or any portion of the criminal monetary penalty. Without limiting the foregoing, and during the defendant's term of incarceration, the defendant shall participate in the Bureau of Prisons' Financial Inmate Responsibility Program. Using such Program, the defendant shall pay 50% of the available inmate institutional funds per quarter towards the criminal monetary penalty. Without limiting the foregoing, and following release from prison, the defendant shall make payments to satisfy the criminal monetary penalty in the following manner: (a) monthly installments of $100 or 3% of the defendant's gross income, whichever is greater; (b) the first payment shall commence 30 days following the defendant's discharge from incarceration, and continue until the criminal monetary penalty is paid in full; and (c) the defendant shall be responsible for providing proof of payment to the probation officer as directed. Any payments made on the outstanding criminal monetary penalty shall be applied in the following order of priority: special assessment; restitution; fine; and other penalties. Unless otherwise specifically ordered, all criminal monetary penalty payments, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, shall be made to the clerk of the Court. Unless otherwise specifically ordered, interest shall not accrue on the criminal monetary penalty. All financial penalty payments are to be made to the Clerk of Court for the District of Nebraska, 111 S. 18th Plaza, Suite 1152, Omaha, NE 68102-1322. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. The defendant shall inform the probation officer of any change in his or her economic circumstances affecting the ability to make monthly installments, or increase the monthly payment amount, as ordered by the court. The defendant is restrained from transferring any real or personal property, unless it is necessary to liquidate and apply the proceeds of such property as full or partial payment of the criminal monetary penalty. CLERK'S OFFICE USE ONLY: ECF DOCUMENT I hereby attest and certify this is a printed copy of a document which was electronically filed with the United States District Court for the District of Nebraska. Date Filed:__________________________________ DENISE M. LUCKS, CLERK By ______________________________________Deputy Clerk