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United States v. Cervantes

United States District Court, D. Nebraska

April 1, 2016

UNITED STATES OF AMERICA Plaintiff,
v.
JIMIE HENDRIX CERVANTES, Defendant. USM No. 24430-047

          JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release)

          RICHARD G. KOPF, Senior District Judge.

         THE DEFENDANT admitted guilt to violation of Standard Condition #7 of the term of supervision.

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

         Date Violation Violation Number Nature of Violation Concluded 1 The defendant shall refrain from excessive use of December 10, 2015 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.

         Original Offense: 18:922(g)(1) and 18:924(a)(2) Felon in possession of a firearm/ammunition.

         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.

         Allegations 2, 3, 4 of the 2nd Amended Petition [62], the Amended Petition [47], and the Petition [40] are dismissed without prejudice 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

         It is ordered that the defendant's term of supervised release is revoked. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 14 months with no supervised release to follow.

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

1. In the strongest possible terms that the defendant be enrolled in the drug treatment program available at ...

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