USA v. Gutierrez
Criminal

District of Nebraska, ned-8:2005-cr-00233-35160

JUDGMENT as to Gilberto Verdugo Gutierrez (1). The defendant pleaded guilty to count 1 of the indictment and is committed to the custody of the Bureau of Prisons for 42 months with credit for time served; 4 years supervised release with special conditions; and $100 special assessment as to defendant Gilberto Verdugo Gutierrez. Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM)

Interested in this case?

Current View

Full Text

8:05-cr-00233-LES-TDT Doc # 81 Filed: 02/23/09 Page 1 of 6 - Page ID # 412 UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES OF AMERICA Plaintiff v. Case Number 8:05CR233-001 USM Number 33207-112 GILBERTO VERDUGO GUTIERREZ Defendant RAUL AYALA Defendant's Attorney ___________________________________ JUDGMENT IN A CRIMINAL CASE (For Offenses Com mitted On or After November 1, 1987) THE DEFENDANT pleaded guilty to count I of the Indictment on August 7, 2008. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s): Date Offense Count Title, Section & Nature of Offense Concluded Num ber(s) April 19, 2005 I 21:841(a)(1) & (b)(1) NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. 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: February 20, 2009 s/ Lyle E. Strom Senior United States District Judge February 23, 2009 8:05-cr-00233-LES-TDT Doc # 81 Filed: 02/23/09 Page 2 of 6 - Page ID # 413 Defendant: GILBERTO VERDUGO GUTIERREZ Page 2 of 6 Case Number: 8:05cr233-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-two (42) months. The Court makes the following recommendations to the Bureau of Prisons: 1. The defendant shall be given credit for time served since May 14, 2008. 2. The Court recommends defendant's sentence be served at Victorville, California, or at least in the Western Region of the United States. 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:__________________________________ 8:05-cr-00233-LES-TDT Doc # 81 Filed: 02/23/09 Page 3 of 6 - Page ID # 414 Defendant: GILBERTO VERDUGO GUTIERREZ Page 3 of 6 Case Number: 8:05cr233-001 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of four (4) years. The defendant shall not commit another federal, state or local crime. The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with standard conditions that have been adopted by this court as well as with any additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION 1. The defendant shall not leave the judicial district without the permission of the court or probation officer; 2. 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; 3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4. The defendant shall support his or her dependents and meet other family responsibilities; 5. The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6. The defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7. 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; 8. The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9. 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; 10. 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 of the probation officer; 11. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12. 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; 13. 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. 8:05-cr-00233-LES-TDT Doc # 81 Filed: 02/23/09 Page 4 of 6 - Page ID # 415 Defendant: GILBERTO VERDUGO GUTIERREZ Page 4 of 6 Case Number: 8:05cr233-001 SPECIAL CONDITIONS OF SUPERVISION 1. The defendant shall cooperate in the collection of DNA as directed by the probation officer, pursuant to the Public Law 108-405 (Revised DNA Collection Requirem ents Under the Justice for All Act of 2004), if such sam ple was not collected during im prisonm ent. 2. The requirem ent of 18 U.S.C. § 3583 (d) regarding drug testing within fifteen (15) days of release on supervised release and at least two (2) periodic drug tests thereafter, is suspended until further order of the Court because the Presentence Investigation Report on the defendant and other reliable sentencing inform ation indicates a low risk of future substance abuse by the defendant. 3. The defendant shall subm it his or her person, residence, office, or vehicle to a search conducted by a United States Probation Officer at any tim e; failure to subm it to a search m ay be grounds for revocation; the defendant shall warn any other residents that the prem ises m ay be subject to searches pursuant to this condition. 4. The defendant shall provide the probation officer with access to any requested financial inform ation. 5. The defendant shall com ply with all rules and regulations of the Bureau of Im m igration and Custom s Enforcem ent and, if deported, shall not reenter the United States or reside therein without the express, written perm ission of the Secretary of the United States Departm ent of Hom eland Security. 6. The defendant shall report to the United States Probation Office in the district within seventy-two (72) hours of being placed on probation or released from confinem ent or upon return to the United States if deported and, thereafter, as directed by the probation officer. 8:05-cr-00233-LES-TDT Doc # 81 Filed: 02/23/09 Page 5 of 6 - Page ID # 416 Defendant: GILBERTO VERDUGO GUTIERREZ Page 5 of 6 Case Number: 8:05cr233-001 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 SCHEDULE OF PAYMENTS The defendant shall pay the special assessment in the amount of $100.00. The defendant shall pay 25% of his prison earnings or other funds which become available to him toward payment of the special assessment. This amount shall be deducted from the defendant's prison earnings or other funds available to defendant during his incarceration. Any remaining unpaid balance of the special assessment shall be paid within fifteen (15) days of defendant's release. 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 8:05-cr-00233-LES-TDT Doc # 81 Filed: 02/23/09 Page 6 of 6 - Page ID # 417 Defendant: GILBERTO VERDUGO GUTIERREZ Page 6 of 6 Case Number: 8:05cr233-001 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 docum ent which was electronically filed with the United States District Court for the District of Nebraska. Date Filed:__________________________________ DENISE M. LUCKS, CLERK By ______________________________________Deputy Clerk