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govinfo:USCOURTS-casd-3_16-cr-02336-0

U.S. District Court for the Southern District of California · 2017-04-07

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

FILEDAD 245B (CASDRev. 08/13) Judgment in a Criminal Case 
UNlTED STATES DISTRICT C 
SOUTHERN DISTRICT OF CALIFORN 
UNITED STATES OF AMERlCA JUDGMENTIN~~~~~~~----~ 
v. 
JOSE MARCOS GOMEZ (1) 
Case Number: 16CR2336 JM 
William R. Burgener 
Defendant's Attorney 
REGISTRA TlON NO. 57829298 
D 
THE DEFENDANT: 
1:8:1 pleaded guilty to count(s) ONE AND TWO OF THE INFORMATION. 
D was found guilty on count(s) 
after a plea of not guiltv. 
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s): 
Count 
Title & Section Nature of Offense Number(s) 
21 USC 952, 960 IMPORT A TION OF METHAMPHETAMINE 1 
21 USC 952, 960 IMPORTATION OF FENTANYL 	 2 
The defendant is sentenced as provided in pages 2 through 4 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 dismissed on the motion of the United States. .. 
1:8:1 	 Assessment: COUNT 1, $100.00; 
COUNT 2, $100.00, waived. 
1:8:1 	 No fine Forfeiture pursuant to order filed , included herein. 
IT IS ORDERED that the defendant shall 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 shall notify the court and United States Attorney of 
any material change in the defendant's economic circumstances. 
April 7. 2017 
Date of Imposition of Sentence 
16CR2336 JM 
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AO 245B (CASD Rev. 08113) Judgment in a Criminal Case 
DEFENDANT: JOSE MARCOS GOMEZ (1) 	 Judgment - Page 2 of 4 
CASE NUMBER: 16CR2336JM 
IMPRISONMENT 
The defendant is hereby committed to the custody ofthe United States Bureau of Prisons to be imprisoned for a term of: 
COUNT 1, THIRTY (30) MONTHS; 
COUNT 2, THIRTY (30) MONTHS, CONCURRENT WITH COUNT 1. 
Sentence imposed pursuant to Title 8 USC Section I326(b). 
IZl 	 The court makes the following recommendations to the Bureau of Prisons: 
Defendant participate in Residential Drug Abuse Program 
Defendant be designated to a facility in the Western Region and as close as possible to the Southern 
District of CA. 
D 	 The defendant is remanded to the custody of the United States Marshal. 
D 	 The defendant shall surrender to the United States Marshal for this district: 
at 	 A.M. on 
D as notified by the United States Marshal. 
The defendant shall surrender for service of sentence at the institution designated by the Bureau ofD Prisons: 
on or before 
D 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 
16CR2336 JM 
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AO 245B (CASD Rev. 081I3) Judgment in a Criminal Case 
DEFENDANT: JOSE MARCOS GOMEZ (1) Judgment - Page 3 of 4 
CASE NUMBER: 16CR2336 JM 
SUPERVISED RELEASE 
Upon release from imprisonment, the defendant shall be on supervised release for a tenn of: 
THREE (3) YEARS, CONCURRETL Y. 
The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the 
custody ofthe Bureau of Prisons unless removed from the United States. 
The defendant shall not commit another federal, state or local crime. 
For offenses committed on or after September 13, 1994: 
The defendant shall not illegally possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled 
substance. The defendant shall 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 court. 
The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of futureo 	 substance abuse. (Check, ifapplicable.) 
181 	 The defendant shall not possess a fIrearm, ammunition, destructive device, or any other dangerous weapon. 
The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis 181 Backlog Elimination Act of2000, pursuant to 18 USC section 3583(a)(7) and 3583(d). 
The defendant shall comply with the requirements ofthe Sex Offender Registration and NotifIcation Act (42 U.S.C. § 16901, et 
o 	 seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she 
resides, works, is a student, or was convicted of a qualifying offense. (Check ifapplicable.) 
o 	 The defendant shall participate in an approved program for domestic violence. (Check ifapplicable.) 
If this judgment imposes a fIne or a restitution obligation, it shall be a condition of supervised release that the defendant pay any 
such fIne or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of 
Payments set forth in this judgment. 
The defendant shall comply with the standard conditions that have been adopted by this court. The defendant shall also comply 
with any special conditions imposed. 
STANDARD CONDITIONS OF SUPERVISION 
I) the defendant shall not leave the judicial district without the permission of the court or probation officer; 
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer; 
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 
4) the defendant shall support his or her dependents and meet other family responsibilities; 
5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable 
reasons; 
6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 
7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or 
any paraphernalia related to any controlled substances, except as prescribed by a physician; 
8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 
9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, 
unless granted permission to do so by the probation officer; 
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband 
observed in plain view of the probation officer; 
II) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 
12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of 
the court; and 
13} as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or 
personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance 
with such notification requirement. 
16CR2336 JM 
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AO 245B (CASD Rev. 08/13) Judgment in a Criminal Case 
DEFENDANT: JOSE MARCOS GOMEZ (1) 	 Judgment - Page 4 of 4 
CASE NUMBER: 16CR2336JM 
SPECIAL CONDITIONS OF SUPERVISION 
1. 	 Not enter or reside in the Republic of Mexico without pennission of the court or probation officer. 
2. 	 Participate in a program of drug or alcohol abuse treatment, including drug testing and counseling, as 
directed by the probation officer. Allow for reciprocal release ofinfonnation between the probation officer 
and the treatment provider. May be required to contribute to the costs of services rendered in an amount 
to be detennined by the probation officer, based on ability to pay. 
3. 	 Report all vehicles owned or operated, or in which you have an interest, to the probation officer. 
4. 	 Resolve all outstanding warrants within 60 days. 
5. 	 Submit your person, property, residence, office or vehicle to a search, conducted by a United States 
Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of 
contraband or evidence ofa violation of a condition ofrelease; failure to submit to a search may be grounds 
for revocation; the defendant shall warn any other residents that the premises may be subject to searches 
pursuant to this condition. 
16CR2336 JM 
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