United States of America v. Alzuarte-Rodriguez et al

5:18-cr-00047Okwd1 ago 2019

Testo completo

AO 245B (Rev. 02/18) Judgment in a Criminal Case
Sheet 1
UNITED STATES DISTRICT COURT
Western District of Oklahoma
UNITED STATES OF AMERICA )
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JUDGMENT IN A CRIMINAL CASE
v.
GUILLERMO CARDONA-FIGUEROA 	Case Number: 	CR-18-00047-015-SLP
USM Number: 	32124-064
Michael G. McGuire
THE DEFENDANT:
Defendant’s Attorney
pleaded guilty to count(s) 	1 of the Superseding Information
pleaded nolo contendere to count(s)
which was accepted by the court.
was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section 	Nature of Offense 	Offense Ended 	Count
21 U.S.C. § 846 	Conspiracy to Possess with Intent to Distribute and to Distribute 	03/08/2018 	1
21 U.S.C. §841(b)(1)(B) 	Methamphetamine
Forfeiture
The defendant is sentenced as provided in pages 2 through 	5 	of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
The defendant has been found not guilty on count(s)
The Indictment and Superseding Indictment 	is 	are dismissed on the motion of the United States.
It is ordered that the defendant must 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 must notify the court and United States attorney of material changes in economic circumstances.
August 1, 2019
Date of Imposition of Judgment
August 1, 2019
Date Signed
Case 5:18-cr-00047-SLP Document 1115 Filed 08/01/19 Page 1 of 5
AO 245B (Rev. 02/18) Judgment in Criminal Case
Sheet 2 — Imprisonment
Judgment — Page 	2 	of 	5
DEFENDANT: 	Guillermo Cardona-Figueroa
CASE NUMBER: 	CR-18-00047-015-SLP
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
37 months imprisonment.
The court makes the following recommendations to the Bureau of Prisons:
It is recommended the defendant participate in the Federal Bureau of Prisons Inmate Financial Responsibility Program at a rate
determined by Bureau of Prisons staff in accordance with the program;
The defendant, if eligible, participate in the Non-Residential Drug Treatment Program while incarcerated; and
The defendant, if eligible, be incarcerated at FCI Three Rivers.
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 	a.m. 	p.m. 	on 	.
as notified by the United States Marshal.
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
By 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 delivered
on to
at 	, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
Case 5:18-cr-00047-SLP Document 1115 Filed 08/01/19 Page 2 of 5
Judgment—Page 	3 	of 	5
DEFENDANT: 	Guillermo Cardona-Figueroa
CASE NUMBER: 	CR-18-00047-015-SLP
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of:
The court does not impose a term of supervised release.
AO 245B (Rev. 02/18) Judgment in a Criminal Case
Sheet 3 — Supervised Release
Case 5:18-cr-00047-SLP Document 1115 Filed 08/01/19 Page 3 of 5
AO 245B (Rev. 02/18) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page 	4 	of 	5
DEFENDANT: 	Guillermo Cardona-Figueroa
CASE NUMBER: 	CR-18-00047-015-SLP
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment JVTA Assessment* Fine 	Restitution
TOTALS 	$ 	100.00 	$ 0.00 	$ 0.00 	$ 0.00
The determination of restitution is deferred until 	An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.
The defendant must make restitution (including community restitution) payments to the U.S. Court Clerk, 200 N.W. 4th Street, Oklahoma
City, OK 73102, to be distributed to the payees in the amounts 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.
Case 5:18-cr-00047-SLP Document 1115 Filed 08/01/19 Page 4 of 5
AO 245B (Rev. 02/18) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
Judgment — Page 	5 	of 	5
DEFENDANT: 	Guillermo Cardona-Figueroa
CASE NUMBER: 	CR-18-00047-015-SLP
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A 	Lump sum payment of $ 	100.00 	due immediately, balance due
not later than 	, or
in accordance with 	C, 	D, 	E, or 	F below; or
B 	Payment to begin immediately (may be combined with 	C, 	D, or 	F below); or
C 	Payment in equal 	(e.g., weekly, monthly, quarterly) installments of $ 	over a period of
(e.g., months or years), to commence 	(e.g., 30 or 60 days) after the date of this judgment; or
D 	Payment in equal 	(e.g., weekly, monthly, quarterly) installments of $ 	over a period of
(e.g., months or years), to commence 	(e.g., 30 or 60 days) after release from imprisonment to
term of supervision; or
E 	Payment during the term of supervised release will commence within 	(e.g., 30 or 60 days) after release
f	imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that
time; or
F 	Special instructions regarding the payment of criminal monetary penalties:
If restitution is not paid immediately, the defendant shall make payments of 10% of the defendant’s quarterly earnings
during the term of imprisonment.
After release from confinement, if restitution is not paid immediately, the defendant shall make payments of the greater of
$______ per month or 10% of defendant’s gross monthly income, as directed by the probation officer. Payments are to
commence not later than 30 days after release from confinement.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary
penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the
Federal Bureau of Prisons’ Inmate Financial Responsibility Program, shall be paid through the United States Court Clerk for
the Western District of Oklahoma, 200 N.W. 4th Street, Oklahoma City, Oklahoma 73102.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
Joint and Several
Defendant and Co-Defendant Names 	Case Number (including dft number) 	Joint and Several Amount
The defendant shall pay the cost of prosecution.
The defendant shall pay the following court cost(s):
The defendant shall forfeit the defendant’s interest in the following property to the United States:
All right, title, and interest in the assets listed in the Preliminary Order of Forfeiture dated March 15, 2019 (doc. no. 866).
The defendant shall further abandon any and all right, title, interest, and claim, if any, in and to the assets listed in the plea
agreement.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine
principal, (5) fine interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of
prosecution and court costs.
Case 5:18-cr-00047-SLP Document 1115 Filed 08/01/19 Page 5 of 5

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