USA v. Mendiola et al

AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 1
.
Cover Page
[LastName] juan manuel mendiola JNC
	AO 245B Judgment in a Criminal Case
U NITED STATES DISTRICT COURT
District of Alaska
UNITED STATES OF AMERICA 	AMENDED JUDGMENT IN A CRIMINAL CASE
v. (For Supervised Release)
*Term of imprisonment amended pursuant to 18 U.S.C. § 3582(c)(1)(A)
JUAN MANUEL MENDIOLA 	Case Number: 	3:08-CR-00119-001-SLG
USM Number: 	15787-006
Daniel Poulson
THE DEFENDANT: Defendant’s Attorney
☐ 	pleaded guilty to count(s)
☐ 	pleaded nolo contendere to count(s)
which was accepted by the court.
☒ 	was found guilty on count(s) 	1s, 3s, 4, 5s, 6s, 13s, 14s, of the First Superseding Indictment, and Count 18,
after a plea of not guilty. 	originally filed as Count 1 in case 3:10-CR-00021-001-JWS
The defendant is adjudicated guilty of these offenses:
Title & Section 	Nature of Offense 	Offense Ended 	Count
21 U.S.C. §§ 846, 841(a)(1),
(b)(1)(A) and (B)
Drug Conspiracy 	09/09/2008 	1s
21 U.S.C. § 841(a)(1),
(b)(1)(B) and (C)
Distribution of a Controlled Substance 	10/09/2007 	3s
21 U.S.C. § 841(a)(1),
(b)(1)(A), (B), and (C)
Possession of a Controlled Substance with Intent to
Distribute
10/31/2007 	4
The defendant is sentenced as provided in pages 2 through 8 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)
☐ 	Count(s)
☐ 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.
9/9/2010
Date of Imposition of Judgment
s/SHARON L. GLEASON
Signature of Judge
Sharon L. Gleason, Chief United States District Judge
Name and Title of Judge
6/26/2023
Date	Sheet 1
Case 3:08-cr-00119-RRB Document 1149 Filed 06/26/23 Page 1 of 8

AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 1A
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 2 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Additional Counts of Conviction
ADDITIONAL COUNTS OF CONVICTION	Sheet 1A
Title & Section 	Nature of Offense 	Offense Ended 	Count
18 U.S.C. § 924(c)(1)(A)(i)
and (c)(1)(B)(ii)
Possession of a Firearm in Furtherance of Drug Trafficking 	10/31/2007 	5s
18 U.S.C. §§ 922(o)(1) and
924(a)(2)
Illegal Possession of Machine Guns 	10/31/2007 	6s
21 U.S.C. § 841(a)(1),
(b)(1)(A), (B), and (C)
Possession 	of 	a 	Controlled 	Substance 	with 	Intent 	to
Distribute
09/18/2008 	13s and 14s
21 U.S.C. § 853(a)(1) and
(a)(2)
Criminal Forfeiture 	N/A 	16s
21 U.S.C. § 853(a)(2) 	Criminal Forfeiture 	N/A 	17s
18 U.S.C. § 924(c)(1)(A)(i) 	Possession of a Firearm in Furtherance of Drug Trafficking
(Originally filed as Count 1 in 3:10-CR-00021-001-JWS)
09/18/2008 	18
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AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 2 — Imprisonment
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 3 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Imprisonment
IMPRISONMENT	Sheet 2 — Imprisonment
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
*Defendant’s sentence reduced to 540 MONTHS, consisting of 120 months on Counts 1s, 3s, 4, 6s, 13s, and 14s to be
served concurrently, and 360 months on Count 5 to be served consecutively to Counts 1s, 3s, 4, 6s, 13s, and 14s; and 60
months on Count 18 (originally filed as Count 1 in 3:10-CR-00021-JWS) to be served consecutively to Counts 1s, 3s, 4,
5s, 13s, and 14s.
☐ 	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 	☐ 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:
☐ 	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 delivered on 	to
at 	, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
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AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 3 — Supervised Release
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 4 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Supervised Release
SUPERVISED RELEASE
Sheet 3 — Supervised Release
Upon release from imprisonment, the defendant shall be on supervised release for a term of:
5 YEARS, consisting of 5 years on Counts 1s, 3s, 4, 5s, 13s, 14s, and Count 18 (originally filed as Count 1 in 3:10-CR-
00021-001-JWS), to be served concurrently, and 3 years on Count 6s, to be served concurrently with all other counts.
Mandatory Conditions
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 (34 U.S.C. § 20901, 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 additional conditions
on the attached pages.
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AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 3A – Supervised Release
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 5 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Standard Conditions
STANDARD CONDITIONS OF SUPERVISION	Sheet 3A – Supervised Release
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 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.
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AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 3D – Supervised Release
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 6 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Special Conditions
SPECIAL CONDITIONS OF SUPERVISION	Sheet 3D – Supervised Release
1 	In addition to submitting to drug testing in accordance with the Violent Crime Control and Law Enforcement Act
of 1994, the defendant shall participate in an outpatient treatment program to be approved by the United States
Probation Office for substance abuse treatment, which program shall include testing to determine whether the
defendant has reverted to the use of drugs or alcohol. At the direction of the probation officer, the defendant may be
required to pay for all or a portion of any treatment program.
2 	The defendant shall not consume any alcohol and shall not possess any alcoholic beverages during the period of
supervision. Nor shall the defendant enter any premises devoted exclusively to the sale of alcohol.
3 	The defendant shall cooperate in the collection of a DNA sample from the defendant as directed by the Bureau of
Prisons prior to his release or by the probation officer upon his release from incarceration.
4 	The defendant shall submit to a warrantless search of his person, residence, vehicle, personal effects, place of
employment, and other property by a Federal probation or pretrial services officer or other law enforcement officer,
based upon reasonable suspicion of contraband or a violation of a condition of supervision to be found on the
premises to be searched. Failure to submit to a search may be grounds for revocation of supervised release.
5 	The defendant shall provide the probation officer access to any requested financial information, including
authorization to conduct credit checks, and shall not incur any new debts or apply for credit without the prior
approval of the probation officer.
6 	The defendant shall not possess a firearm, destructive device, or other offensive weapon.
//////////////////////////////////////////////////////////////////////////////////////////////////////
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
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AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 7 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Criminal Monetary Penalties
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Sheet 5 — Criminal Monetary Penalties
Assessment 	Restitution 	Fine
AVAA
Assessment*
JVTA
Assessment**
TOTALS 	$ 800.00 	N/A 	N/A 	N/A 	N/A
☐ 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) 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 	$ 	0.00 	$ 	0.00
☐ 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:
* 	Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299
** 	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.
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AO 245B 	(Rev. 09/19) Amended Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
DEFENDANT: 	JUAN MANUEL MENDIOLA Judgment — Page 8 of 8
CASE NUMBER: 	3:08-CR-00119-001-SLG
Schedule of Payments
SCHEDULE OF PAYMENTS	Sheet 6 — 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 $800.00 	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 a term of supervision; or
E 	☐ 	Payment during the term of supervised release will commence within 	(e.g., 30 or 60 days) after release from
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:
 Any unpaid amount is to be paid during the period of incarceration at a rate of 50% of wages earned while in the custody of the
Bureau of Prisons and during the period of supervision in monthly installments of not less than 10% of the defendant’s gross
monthly income or $25, whichever amount is greater
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 are made to the United States District Court, District of Alaska. For restitution
payments, the Clerk of the Court is to forward money received to the party(ies) designated to receive restitution specified on the Criminal
Monetary Penalties (Sheet 5) page.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
☐Joint and Several
 Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

☐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: The defendant to forfeit the
defendant’s interest in the property to the United States as directed as to Counts 16s and 17s.
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA Assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.
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