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United States v. Herrera

United States District Court, District of Nebraska

September 22, 2014

UNITED STATES OF AMERICA Plaintiff,
v.
DAMIAN HERRERA USM No. 25226-047

Date of Original Judgment: 10/01/2013

JERRY J. SENA DEFENDANT’S ATTORNEY

AMENDED JUDGMENT IN A CRIMINAL CASE ON MOTION OF THE GOVERNMENT AFTER INITIAL SENTENCING

RICHARD G. KOPF, SENIOR UNITED STATES DISTRICT JUDGE

(Or Date of Last Amended Judgment) Reason for Amendment: Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b))

THE DEFENDANT pleaded guilty to count I of the Indictment on 06/20/2013.

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

Title, Section & Nature of Offense

Date Offense Concluded

Count Number

21:846 Conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine mixture

October 2012

I

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.

Government’s motion [56] for reduction of sentence pursuant to Rule 35(b) is granted.

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.

Date of Imposition of Sentence: September 19, 2014

IMPRISONMENT

The defendant’s sentence of imprisonment is reduced from the original sentence to a term of 18 months.

ACKNOWLEDGMENT OF RECEIPT

I hereby acknowledge receipt of a copy of this judgment this ___day of ___, 20___.

___Signature of Defendant

RETURN

It is hereby acknowledged that the defendant was delivered on the ___day of ___, 20___ to___, with a ...


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