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United States v. Leyva-Martinez

United States District Court, D. Nebraska

November 22, 2016

UNITED STATES OF AMERICA Plaintiff,
v.
HUGO LEYVA-MARTINEZ Defendant. USM No. 28302-047

          STUART DORNAN DEFENDANT'S ATTORNEY

          JUDGMENT IN A CRIMINAL (For Offenses Committed On or After November 1, 1987)

          Joseph F. Bataillon Senior United States District Judge

         THE DEFENDANT pleaded guilty to counts I, II and III of the Superseding Indictment on August 26, 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

21:846 CONSPIRACY TO DISTRIBUTE METHAMPHETAMINE MIXTURE

December 7, 2015

1s

21:841(a)(1)and(b)(1) DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE MORE THAN 500 GRAMS METHAMPHETAMINE MIXTURE

December 7, 2015

2s

18:922(g)(5) and 924(a)(2) ALIEN IN POSSESSION OF FIREARMS

December 7, 2015

3s

         The defendant is sentenced as provided in pages 2 through 8 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 as to this defendant only.

         Final order of forfeiture entered November 21, 2016.

         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 thirty-five (135) months on counts I and II, one hundred twenty (120) months on count III, said terms of imprisonment to be served concurrently.

         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 Omaha, NE 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 counts I and II, three (3) years on count III, said terms of supervised release to be served concurrently.

         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 ...


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