U.S. v. DOMINGUEZ-BARRAGAN (D.N.M. 3-24-2009)

UNITED STATES OF AMERICA v. Jesus Dominguez-Barragan.

Case Number: 2:09CR00366-001JB.United States District Court, D. New Mexico.
March 24, 2009

(For Offenses Committed On or After November 1, 1987)

USM Number: 47038-051

Defense Attorney: James Baiamonte, Appointed.

Judgment in a Criminal Case
JAMES BROWNING, District Judge

THE DEFENDANT:

[X] pleaded guilty to count(s) Information

[] pleaded nolo contendere to count(s)

[] after a plea of not guilty was found guilty on count(s)

The defendant is adjudicated guilty of these offenses:

Title and Section Nature of Offense Offense Ended Count
Number(s)

8 U.S.C. Sec. Reentry of a Removed Alien
1326(a)(1)/(2)

The defendant is sentenced as specified in pages 2 through 3 of this judgment. The sentence is imposed under the Sentencing Reform Act of 1984.

[] The defendant has been found not guilty on count.
[] Count dismissed on the motion of the United States.

IT IS FURTHER ORDERED that the defendant must 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.

________________________________ March 20, 2009
County of Residence Date of Imposition of Judgment

/s/James O. Browning
Signature of Judge

Honorable James O. Browning
United States District Judge
Name and Title of Judge

March 24, 2009
Date Signed

Page 2

IMPRISONMENT
The defendant is committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 71 days ortime served, whichever is less.
The Court recommends that Immigration and Customs Enforcementbegin immediate removal proceedings.
Pursuant to section 5D1.1(a), the Court will not impose a termof supervised release.
The Court has considered the Guidelines and, in arriving at itssentence, has taken account of the Guidelines with othersentencing goals. Specifically, the Court has considered theGuidelines’ sentencing range established for the applicablecategory of offense committed by the applicable category ofDefendant. The Court believes that the Guidelines’ punishment isappropriate for this sort of offense. Therefore, the sentence inthis judgment is consistent with a guideline sentence. The Courthas considered the kind of sentence and range established by theGuidelines. The Court believes that a sentence of 71 daysreflects the seriousness of the offense, promotes respect for thelaw, provides just punishment, affords adequate deterrence,protects the public and effectively provides the Defendant withneeded education or vocational training and medical care, andotherwise fully reflects each of the factors embodied in18 U.S.C. Section 3553(a). The Court also believes the sentence isreasonable. The Court believes the sentence is sufficient, butnot greater than necessary, to comply with the purposes set forthin the Sentencing Reform Act.

[] The court makes these recommendations to the Bureau of Prisons:

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

[] The defendant must surrender to the United States Marshal for this district:

[] at on

[] as notified by the United States Marshal.

[] The defendant must surrender for service of sentence at the institution designated by the Bureau of Prisons:

[] before 2 p.m. on

[] as notified by the United States Marshal

[] as notified by the Probation or Pretrial Service Office.

RETURN
I have executed this judgment by:

Defendant delivered on __________________________________________________________ to _________________________________ at _______________________________ with a Certified copy of this judgment.

_____________________________________________________________________
UNITED STATES MARSHAL

_____________________________________________________________________
Deputy United States Marshal

Page 3

CRIMINAL MONETARY PENALTIES
The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments.

[X] The Court hereby remits the defendant’s Special Penalty Assessment; the fee is waived and no payment is required.

Totals: Assessment Fine Restitution

$waived $0.00 $0.00

SCHEDULE OF PAYMENTS
Payments shall be applied in the following order (1) assessment; (2) restitution; (3) fine principal; (4) cost of prosecution; (5) interest; (6) penalties.

Payment of the total fine and other criminal monetary penalties shall be due as follows:

The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.

A [] In full immediately; or

B [] $ immediately, balance due (see special instructions regarding payment of criminal monetary penalties).

Special instructions regarding the payment of criminal monetarypenalties: Criminal monetary penalties are to be made payable bycashier’s check, bank or postal money order to the U.S. DistrictCourt Clerk, 333 Lomas Blvd. NW, Albuquerque, New Mexico 87102unless otherwise noted by the court. Payments must includedefendant’s name, current address, case number and type ofpayment.

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due during the period of imprisonment. All criminal monetary penalty payments, except those payments made through the Bureau of Prisons’ Inmate Financial Responsibility Program, are to be made as directed by the court, the probation officer, or the United States attorney.