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govinfo:USCOURTS-casd-3_20-cr-02666-0

U.S. District Court for the Southern District of California · 2021-11-17

· GavelSight synced 2026-09-06 03:43:36

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
 
 
  UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA  
UNITED STATES OF AMERICA 
 
JUDGMENT IN A CRIMINAL CASE 
V. (For Offenses Committed On or After November 1, 1987) 
MICHAEL ANGELO MARKS (1) 
 
 
 
    Case Number:  3:20-CR-02666-LAB 
Richard Deke Falls 
USM Number     95883-298 
Defendant’s Attorney 
☐ _ 
THE DEFENDANT: 
☒ pleaded guilty to count(s)  2 of the Superseding Information 
☐ was found guilty on count(s)   
 after a plea of not guilty. 
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s): 
  
Title and Section / Nature of Offense Count 
21:952, 960 - Importation Of Methamphetamine (Felony) 2s 
  
  
  
  
  
 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)  
☒ Count(s) remaining are   dismissed on the motion of the United States. 
☒ Assessment :  $100.00 
 _ 
☐ JVTA Assessment*: $  
- 
 *Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. 
☒   No fine ☐ Forfeiture pursuant to order filed        , included herein.   
 IT IS ORDERED that the defendant must notify the United St ates Attorney for this district within 30 days of any 
change of name, residence, or mailing address until all fines,  restitution, costs, and speci al 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. 
 
  November 15 , 2021 
Date of Imposition of Sentence 
   
  
 HON. JUDGE LARRY ALAN BURNS 
 UNITED STATES DISTRICT JUDGE 
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: MICHAEL ANGELO MARKS (1) Judgmen t - Page 2 of 5  
CASE NUMBER:  3:20-CR-02666-LAB  
 
3:20-CR-02666-LAB 
IMPRISONMENT 
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 
48 months  
☐ Sentence imposed pursuant to Title 8 USC Section 1326(b). 
☒ The court makes the following recommendations to the Bureau of Prisons: 
 PARTICIPATE IN THE RESIDENTIAL DRUG ASSESSMENT PROGRAM. 
WESTERN REGION DESIGNATION.  
 
☐ 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 
  
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: MICHAEL ANGELO MARKS (1) Judgmen t - Page 3 of 5  
CASE NUMBER:  3:20-CR-02666-LAB  
 
3:20-CR-02666-LAB 
SUPERVISED RELEASE 
Upon release from imprisonment, the defendant will be on supervised release for a term of: 
5 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. 
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 of release 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. 
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: MICHAEL ANGELO MARKS (1) Judgmen t - Page 4 of 5  
CASE NUMBER:  3:20-CR-02666-LAB  
 
3:20-CR-02666-LAB 
 STANDARD CONDITIONS OF SUPERVISION 
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. 
 
1. 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 10 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. 
10. 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. 
12. 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 confirm 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. 
  
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case 
DEFENDANT: MICHAEL ANGELO MARKS (1) Judgmen t - Page 5 of 5  
CASE NUMBER:  3:20-CR-02666-LAB  
 
3:20-CR-02666-LAB 
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 law requirements. 
2. Report all vehicles owned or operated, or in which you have an interest, to the probation officer. 
3.  Seek and maintain full time employment and/or schooling or a combination of both. 
4. Submit to a search of person, property, house, residence, office, vehicle, papers, cellular phone, computer or other electronic  
communication or data storage devices or media effects, conducted by a United States Probation Officer or any federal, state, 
or local law enforcement officer, at any tim e with or without a warrant, and with or  without reasonable suspicion. Failure to 
submit to such a search may be grounds for revocation; you shall warn any other residents that the premises may be subject to 
searches pursuant to this condition. 
 
5. Participate in a program of drug or alcohol abuse treatment, includ ing drug testing and counseling, as 
directed by the prob ation officer.  Allow for reciprocal re lease of information between the probation 
officer and the treatment provider.  May be required to contribute to th e costs of services rendered in an 
amount to be determined by the probation officer, based on ability to pay. Submit to drug testing twice a 
month for one year. The probation officer may modify or eliminate drug testing after one year if no dirty 
drug tests are reported. 
6. Participate in a cognitive behavi oral treatment program as directed by the pr obation officer, and if deemed necessary by the 
probation officer. Such program may include group sessions led by a counselor, or participation in a program administered by 
the probation office. May be required to contribute to the costs of services rendered in an amount to be determined by the 
probation officer, based on ability to pay. 
7. Not use alcohol at all. 
8. Court will consider early termination of supervised release. 
 
// 
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