USA v. Sanchez et al
Criminal

District of Nebraska, ned-8:2005-cr-00421-36210

JUDGMENT for Revocation of Supervised Release. Defendant admitted guilt to violation of the Mandatory Conditions of the term of supervision and is sentenced to time served; The defendant shall be on continued supervised release under the same te rms and conditions as previously imposed to conclude November 1, 2020; $100.00 special assessment (paid). Allegations 2-5 of the Second Amended Petition for Offender, Filing No. 79, the Amended Petition for Offender, Filing No. 68, and the Petition for Offender, Filing No. 61, are dismissed on the motion of the United States as to defendant Carlos Sanchez. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)

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8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 1 of 7 - Page ID # 209 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations UNITED STATES DISTRICT COURT for the District of Nebraska UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) v. Case Number: 8:05CR421-001 USM Number: 20472-047 CARLOS SANCHEZ Michael F. Maloney Defendant's Attorney THE DEFENDANT: ☒ admitted guilt to violation of the Mandatory Conditions of the term of supervision. ☐ was found in violation of condition after denial of guilt. The defendant is adjudicated guilty of these violations: Violation Number Nature of Violation Violation Ended 1 New law violation August 2, 2017 6 New law violation February 23, 2018 The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. ☒ Allegations 2-5 of the Second Amended Petition for Offender, Filing No. 79, the Amended Petition for Offender, Filing No. 68, and the Petition for Offender, Filing No. 61, are dismissed on the motion of the United States. 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. June 26, 2018 Date of Imposition of Sentence: s/ Joseph F. Bataillon Senior United States District Judge June 26, 2018 Date 8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 2 of 7 - Page ID # 210 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations Judgment Page 2 of 7 DEFENDANT: CARLOS SANCHEZ CASE NUMBER: 8:05CR421-001 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of time served. ☐The Court makes the following recommendations to the Bureau of Prisons: ☐The defendant is remanded to the custody of the United States Marshal. ☐The defendant shall surrender to the United States Marshal for this district: ☐ at ☐ as notified by the United States Marshal. ☐The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: ☐ before 2 p.m. on ☐ as notified by the United States Marshal. ☐ as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: Defendant was delivered on ___________________________ to ______________________________________ at ________________________________, with a certified copy of this judgment. ________________________________________ UNITED STATES MARSHAL BY: ___________________________________ DEPUTY UNITED STATES MARSHAL 8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 3 of 7 - Page ID # 211 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations Judgment Page 3 of 7 DEFENDANT: CARLOS SANCHEZ CASE NUMBER: 8:05CR421-001 SUPERVISED RELEASE The defendant shall be on continued supervised release under the same terms and conditions as previously imposed to conclude November 1, 2020. MANDATORY CONDITIONS 1. You must not commit another federal, state or local crime. 2. You must not unlawfully possess a controlled substance. 3. You must refrain from any unlawful use of a controlled substance. You must 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. ☐ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance abuse. (check if applicable) 4. ☐ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution. (check if applicable) 5. ☒You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) 6. ☐You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable) 7. ☐You must participate in an approved program for domestic violence. (check if applicable) You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. 2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed. 3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. 4. You must answer truthfully the questions asked by your probation officer. 5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. 7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 4 of 7 - Page ID # 212 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations Judgment Page 4 of 7 DEFENDANT: CARLOS SANCHEZ CASE NUMBER: 8:05CR421-001 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. 9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 10. You 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 nunchakus or tasers). 11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court. 12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. 13. You must follow the instructions of the probation officer related to the conditions of supervision. U.S. Probation Office Use Only A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised Release Conditions, available at: www.uscourts.gov. Defendant's Signature Date 8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 5 of 7 - Page ID # 213 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations Judgment Page 5 of 7 DEFENDANT: CARLOS SANCHEZ CASE NUMBER: 8:05CR421-001 SPECIAL CONDITIONS OF SUPERVISION a. You must not purchase or possess, use, distribute, or administer any alcohol, just the same as any other narcotic or controlled substance. b. You must submit your person, residence, office, or vehicle to a search conducted by a United States Probation Officer at any time; failure to submit to a search may be grounds for revocation; you must warn any other residents that the premises may be subject to searches pursuant to this condition. c. You must attend, pay for and successfully complete any diagnostic evaluations, treatment or counseling programs, or approved support groups (e.g., AA/NA) for alcohol and/or controlled substance abuse, as directed by the probation officer. d. You must participate in a victim awareness program as directed by the probation officer. Based on your ability to pay, you must pay for the costs of the program in an amount determined by the probation officer. n. You must provide the probation officer with access to any requested financial information. o. You must attend, successfully complete, and pay for any diagnostic evaluations and treatment or counseling programs for anger management, as directed by the probation officer. p. You must attend, successfully complete, and pay for an approved cognitive-behavioral based program, as directed by the probation officer. zz. You must report to the Supervision Unit of the U.S. Probation Office for the District of Nebraska between the hours of 8:00 a.m. and 4:30 p.m., 111 South 18th Plaza, Suite C79, Omaha, Nebraska, (402) 661-7555, within seventy-two (72) hours of being placed on probation or release from confinement and, thereafter, as directed by the probation officer. 8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 6 of 7 - Page ID # 214 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations Judgment Page 6 of 7 DEFENDANT: CARLOS SANCHEZ CASE NUMBER: 8:05CR421-001 CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties in accordance with the schedule of payments set forth in this judgment. Assessment JVTA Assessment* Fine Restitution TOTALS $100.00 (paid) ☐ The determination of restitution is deferred until. An Amended Judgment in a Criminal Case (AO245C) will be entered after such determination. ☐ The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss** Restitution Ordered Priority or Percentage Totals ☐ Restitution amount ordered pursuant to plea agreement $ ☐ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). ☐ The court determined that the defendant does not have the ability to pay interest and it is ordered that: ☐ the interest requirement is waived for the ☐ fine ☐ restitution ☐ the interest requirement for the ☐ fine ☐ restitution is modified as follows: *Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. ** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. 8:05-cr-00421-JFB-SMB Doc # 84 Filed: 06/26/18 Page 7 of 7 - Page ID # 215 AO 245D(Rev. 11/16) Judgment in a Criminal Case for Revocations Judgment Page 7 of 7 DEFENDANT: CARLOS SANCHEZ CASE NUMBER: 8:05CR421-001 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