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United States v. Martinez

United States District Court, D. Nebraska

September 6, 2016

UNITED STATES OF AMERICA Plaintiff,
v.
FERNANDO MARTINEZ Defendant. USM No. 26562-047

          JOHN C. VANDERSLICE DEFENDANT'S ATTORNEY

          AMENDED JUDGMENT IN A CRIMINAL CASE

          Richard G. Kopf Senior United States District Judge

         Date of Original Judgment: 12/19/2014 (Or Date of Last Amended Judgment)

         Reason for Amendment:

         Correction of Sentence on Remand (Fed.R. Crim. P. 35(a))

         THE DEFENDANT pleaded guilty to count I of the Superseding Indictment on 08/28/2014. 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) Possession with intent to distribute 50 grams or more of actual methamphetamine

March 11, 2014

1s

         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.

         The Indictment is dismissed on motion of the government.

         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

         Upon remand from the USCA-Eight Circuit, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 180 months.

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

         1. In the strongest possible terms that the defendant be enrolled in the Residential Drug Abuse Program (RDAP), even if he cannot receive time off, while incarcerated in the Bureau of Prisons.

         2. In the strongest possible terms that the defendant be enrolled in vocational and educational training programs.

         3. In the strongest possible terms that the defendant be placed at FCI-Pekin, Illinois.

         The defendant is remanded to the custody of the United States Marshal.

         SUPERVISED RELEASE

         Upon release from imprisonment, the defendant shall be on supervised ...


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