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United States v. Garcia

United States District Court, D. Nebraska

June 28, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
ANGEL F. GARCIA, Defendant. USM No. 27437-047

          FRANK M. AERNI DEFENDANT’S ATTORNEY.

          JUDGMENT IN A CRIMINAL CASE (FOR OFFENSES COMMITTED ON OR AFTER NOVEMBER 1, 1987)

          RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE.

         THE DEFENDANT pleaded guilty to count I of the Indictment on 03/31/2016.

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

Title, Section & Nature of Offense

Date Offense Concluded

Count Number

18:2252A(a)(2) Receipt of Child Pornography

April 6, 2015

I

         The defendant is sentenced as provided in pages 2 through 9 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.

         Final Order of Forfeiture filed 6/24/16.

         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: June 24, 2016

         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: None The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons no earlier than 60 days from today’s date, as notified by the U.S. Marshal.

         ACKNOWLEDGMENT OF RECEIPT

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

         ___Signature of Defendant

         NOTE: The following certificate must also be completed if the defendant has not signed the Acknowledgment of Receipt, above.

         CERTIFICATE

         It is hereby certified that a copy of this judgment was served upon the defendant this day of ___, 20__.

         ___UNITED STATES WARDEN

         BY:___

         SUPERVISED RELEASE

         Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years.

         The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

         The defendant shall not commit another federal, state or local crime.

         The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.

         The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

         If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

         The defendant must comply with standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.

         STANDARD CONDITIONS OF SUPERVISION

         1. The defendant shall not leave the judicial district without the permission of the court or probation officer;

         2. The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer.

         3. The defendant shall answer truthfully all inquiries by the probation officer and follow the ...


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