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govinfo:USCOURTS-casd-3_21-cr-02686-0

U.S. District Court for the Southern District of California · 2022-08-02

· GavelSight synced 2026-09-06 03:39:08

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
JUDGMENT IN A CRIMINAL CASE UNITED STA TES OF AMERICA 
V. (For Offenses Committed On or After November I, 1987) 
NORBERTO MOJICA PELAYO, JR. (1) 
USM Number 02169-506 
□ -
THE DEFENDANT: 
IZI pleaded guilty to count(s) 
D was found guilty on count(s) 
after a plea of not guilty. 
1 and 2 of the Information 
Case Number : 3:21-CR-02686-JM 
Robert Clark Schlein 
Defendant's Attorney 
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s): 
Title and Section / Nature of Offense 
21:952 and 960 - Importation OfN-Phenyl-N-rt-(2-Phenylethyl)-4-Piperidinyll Propanamide 
21 :952 and 960 - Importation Of Methamphetamine (Felony) 
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. 
D The defendant has been found not guilty on count(s) 
Count 
l 
2 
D Count(s) is dismissed on the motion of the United States. 
[gJ Assessment : $200.00 Waived and Remitted 
D JVT~ Assessment*:$ 
* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. 
IZI No fine D Forfeiture pursuant to order filed , included herein. 
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 
any material change in the defendant's economic _circumstances. 
August 1 , 2022 
Date of Imposition of Sentence 
ILLER 
DISTRICT JUDGE 
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: 
CASE NUMBER: 
NORBERTO MOJICA PELA YO, JR. (1) 
3:21-CR-02686-JM 
IMPRISONMENT 
Judgment - Page 2 of 5 
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 
Fifteen (15) months as to counts I and 2 concurrently for a total of Fifteen (15) months total. 
□ Sentence imposed pursuant to Title 8 USC Section 1326(b ). 
□ 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 must surrender to the United States Marshal for this district: 
□ at A.M. on 
□ as notified by the United States Marshal. 
□ 
The defendant must surrender for service of sentence at the institution designated by the Bureau of 
Prisons: 
□ on or before 
□ 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 
3:21-CR-02686-JM 
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: 
CASE NUMBER: 
NORBERTO MOJICA PELAYO, JR. (1) 
3 :2 l-CR-02686-JM 
SUPERVISED RELEASE 
Upon release from imprisonment, the defendant will be on supervised release for a term of: 
Three (3) years as to counts 1 and 2 concurrently for a total of Three (3) Years. 
MANDATORY CONDITIONS 
1. The defendant must not commit another federal, state or local crime. 
2. The defendant must not unlawfully possess a controlled substance. 
Judgment - Page 3 of 5 
3. The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a 
controlled substance . The defendant must submit to one drug test within 15 days ofrelease from imprisonment and at least 
two periodic drug tests thereafter as determined by the court. Testing requirements will not exceed submission of more 
than 4 drug tests per month during the term of supervision, unless otherwise ordered by the court . 
□ The above drug testing condition is suspended, based on the court's determination that the defendant poses a low 
risk of future substance abuse. ( check if applicable) 
4. □ The defendant 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. ~The defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable) 
6. □ The defendant 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 the defendant resides, works, is a student, or was convicted of a qualifying offense. ( check if 
applicable) 
7. □ The defendant must participate in an approved program for domestic violence. (check if applicable) 
The defendant must comply with the standard conditions that have been adopted by this court as well as with any other 
conditions on the attached page. 
3:21-CR-02686-JM 
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: 
CASE NUMBER: 
NORBERTO MOJICA PELAYO, JR. (1) 
3 :2 l-CR-02686-JM 
STANDARD CONDITIONS OF SUPERVISION 
Judgment - Page 4 of 5 
As part of the defendant 's supervised release, the defendant must comply with the following standard conditions of 
supervision. These conditions are imposed because they establish the basic expectations for the defendant's 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 the defendant's conduct and condition. 
I. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72 
hours of their release from imprisonment, unless the probation officer instructs the defendant to report to a different probation 
office or within a different time frame. 
2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer 
about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer 
as instructed. 
3. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first 
getting permission from the court or the probation officer. 
4. The defendant must answer truthfully the questions asked by their probation officer . 
5. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or 
anything about their living arrangements (such as the people living with the defendant), the defendant 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, the defendant must notify the probation officer within 72 hours of becoming aware of a change or 
expected change. 
6. The defendant must allow the probation officer to visit them at any time at their home or elsewhere , and the defendant must 
permit the probation officer to take any items prohibited by the conditions of their supervision that he or she observes in plain 
view. 
7. The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer 
excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full­
time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the 
defendant works or anything about their work (such as their position or their job responsibilities), the defendant must notify the 
probation officer at least l 0 days before the change. If notifying the probation officer at least 10 days in advance is not possible 
due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a 
change or expected change. 
8. The defendant must not communicate or interact with someone they know is engaged in criminal activity. If the defendant 
knows someone has been convicted of a felony, they must not knowingly communicate or interact with that person without 
first getting the permission of the probation officer . 
9. If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72 hours. 
I 0. The defendant 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 . The defendant 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. 
I 2. If the probation officer determines the defendant poses a risk to another person (including an organization), the probation 
officer may require the defendant to notify the person about the risk and the defendant must comply with that instruction. 
The probation officer may contact the person and confmn that the defendant notified the person about the risk. 
13. The defendant must follow the instructions of the. probation officer related to the conditions of supervision. 
3:21-CR-02686-JM 
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AO 245B (CASD Rev. 1119) Judgment in a Cr_iminal Case 
DEFENDANT: NORBERTO MOJICA PELAYO , JR. (1) 
3 :2 l -CR-02686-JM 
Judgment - Page 5 of 5 
CASE NUMBER: 
II 
SPECIAL CONDITIONS OF SUPERVISION 
1. Not enter or reside in the Republic of Mexico without permission of the court or probation officer and 
comply with both United States and Mexican immigration laws. 
2. Report all vehicles owned or operated, or in which you have an interest, to the probation officer. 
3. Submit your person , property , house, residence, vehicle , papers , computers (as defined in 18 
U.S.C . § 1030(e)(l)), other electronic communications or data storage devices or media , or office, to a 
search conducted by a United States probation officer. Failure to submit to a search may be grounds for 
revocation of release. The offender must warn any other occupants that the premises may be subject to 
searches pursuant to this condition. An officer may conduct a search pursuant to this condition only 
when reasonable suspicion exists that the offender has violated a condition of his supervision and that 
the areas to be searched contain evidence of this violation. Any search must be conducted at a 
reasonable time and in a reasonable manner. 
3 :21-CR-02686-JM 
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