5:18-cr-00047•United States of America v. Alzuarte-Rodriguez et al
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AO 245B (Rev. 02/18) Judgment in a Criminal Case Sheet 1 UNITED STATES DISTRICT COURT Western District of Oklahoma UNITED STATES OF AMERICA ) ) ) ) ) ) ) ) ) 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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