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United States v. Betancourt

United States District Court, D. Nebraska

April 1, 2016

UNITED STATES OF AMERICA Plaintiff,
v.
JUSTO BETANCOURT Defendant. USM No. 27450-047

JEFFREY L. THOMAS DEFENDANT’S ATTORNEY

JUDGMENT IN A CRIMINAL CASE

Joseph F. Bataillon Senior United States District Judge

THE DEFENDANT pleaded guilty to count I and VII of the Indictment on January 7, 2016.

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

Title, Section & Nature of Offense

Date Offense

Concluded Count Number

21:841(a)(1) and 21:841(b)(1) and 21:846 CONSPIRACY TO DISTRIBUTE AND POSSESSION WITH INTENT TO DISTRIBUTE 500 GRAMS OR MORE METHAMPHETAMINE

August 19, 2015

I

18:924(c)(1)(A) POSSESSION/USE OF A FIREARM

August 19, 2015

VII

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.

Counts II, III, IV, V and VI of the Indictment are dismissed on the motion of the United States.

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 one hundred twenty (120) months on count I and 60 months on count VII, said terms of imprisonment to be served consecutively.

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

1. That the defendant participate in the 500-hour Comprehensive Drug Treatment Program or any similar drug treatment program available.
2. That the defendant be incarcerated in a federal facility as close to his family in Miami, FL as possible.
3. Defendant should be given credit for time served.
(X) The defendant is remanded to the custody of the United States Marshal.

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of five (5) years on count I and 5 years on count VII, said terms ...


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