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United States v. Espinoza

United States District Court, D. Nebraska

October 16, 2015

UNITED STATES OF AMERICA Plaintiff,
v.
ANDREW JOSE ESPINOZA Defendant. Usm No. 26955-047 Title, Section & Nature of Offense Date Offense Concluded Count Number

John C. Vanderslice Defendant’s Attorney

JUDGMENT IN A CRIMINAL CASE

RICHARD G. KOPF SENIOR, UNITED STATES DISTRICT JUDGE

(For Offenses Committed On or After November 1, 1987)

THE DEFENDANT pleaded guilty to count II ONLY of the Indictment on 05/08/2015. 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

21:841(a)(1) and 841(b)(1) and 18:2 Possess with

October 16, 2014

II

intent to distribute 50 grams or more of mixture or substance containing Methamphetamine, mixture or substance containing Cocaine base and mixture or substance containing a detectable amount of Marijuana

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.

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.

Hearing on the anticipated change of plea as to Count I scheduled before Magistrate Judge Zwart on 10/27/2015.

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 188 months.

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

1. In the strongest possible terms that the defendant be placed at FCI-Pekin because of the UNICOR program and his need for vocational and educational programming.
2. In the strongest possible terms that the defendant be enrolled in the Residential Drug Abuse Program (RDAP) when he becomes eligible for it.
3. The defendant is entitled to credit for time served from October 16, 2014 until December 10, 2014, on a related state case. Further, the defendant is entitled to credit for time served on this case from December 11, 2014 until January 23, 2015. Furthermore, the defendant should receive credit for time served on this case from February 9, 2015 until October 15, 2015 (date of sentencing).

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____day of_____, 20_____.

RETURN

It is hereby acknowledged that the defendant was delivered on the_____day of____, 20 to______, with a ...


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