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United States v. Mercado-Cuellar

United States District Court, District of Nebraska

September 10, 2014

UNITED STATES OF AMERICA Plaintiff,
v.
JOSE RAMON MERCADO-CUELLAR Defendant. USM: 26511-047

DEBORAH CUNNINGHAM DEFENDANT’S ATTORNEY

For Offenses Committed On or After November 1, 1987

JUDGMENT IN A CRIMINAL CASE

John M. Gerrard United States District Judge

THE DEFENDANT pleaded guilty to count I of the Indictment on 05/27/2014.

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense:

Title, Section & Nature of Offense

Date Offense Concluded

Count Number

21:841(a)(1) and 21:841(b)(1) DISTRIBUTION OF 5 GRAMS OR MORE OF METHAMPHETAMINE (ACTUAL)

October 2, 2013

1

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

Count II of the Indictment is dismissed on the motion of the United States as to this defendant only.

Following the imposition of sentence, the Court advised the defendant of the right to appeal pursuant to the provisions of Fed. R. Crim. P. 32 and the provisions of 18 U.S.C. § 3742 (a) and that such Notice of Appeal must be filed with the Clerk of this Court within fourteen (14) days of this date pursuant to Fed. R. App. P. 4.

The defendant shall cooperate in the collection of DNA, pursuant to Public Law 108-405 (Revised DNA Collection Requirements under the Justice for All Act of 2004).

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.

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 70 months.

The Court makes the following recommendations to the Bureau of Prisons:

1. That the defendant be incarcerated in a federal facility as close to Norfolk, Nebraska, as possible.
2. That the defendant participate in the 500-hour Intensive Drug Treatment Program or any similar drug treatment program available.
3. Defendant should be given vocational and/or educational training.
4. Defendant should be given credit for time served. Defendant has been detained since March 28, 2014.

The defendant is remanded to the custody of the United States Marshal.

ACKNOWLEDGMENT OF RECEIPT

I hereby acknowledge receipt of a copy of this judgment this ...


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