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United States v. Cervenka

United States District Court, D. Nebraska

November 16, 2016

UNITED STATES OF AMERICA Plaintiff,
v.
ADAM CERVENKA Defendant. USM No. 29232-047

          JOHN C. VANDERSLICE 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 Information on 08/17/2016.

         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 21:841(b)(1) Possession of methamphetamine with intent to distribute August 29, 2015 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 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 48 months.

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

         1. That the defendant receive credit for time served from 08/29/2015.

         2. In the strongest possible terms that the defendant initially be placed at FMC-Butner, North Carolina, because he suffers from HIV and inactive Tuberculosis.

         3. In the strongest possible terms that the defendant be enrolled in the RDAP program even though he may be deported.

         4. That the defendant receive drug treatment while incarcerated if he is not enrolled in RDAP.

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

         SUPERVISED ...


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