2L1.2. Unlawfully Entering or Remaining in the United States (a Base Offense Level: 8 (b Specific Offense Characteristics (1 (Apply the Greater If the defendant committed the instant offense after sustaining (A a conviction for a felony that is an illegal reentry offense, increase by 4 levels; or (B two or more convictions for misdemeanors under 8 U.S.C. 1325(a, increase by 2 levels. (2 (Apply the Greatest If, before the defendant was ordered deported or ordered removed from the United States for the first time, the defendant sustained (A a conviction for a felony offense (other than an illegal reentry offense for which the sentence imposed was five years or more, increase by 10 levels; (B a conviction for a felony offense (other than an illegal reentry offense for which the sentence imposed was two years or more, increase by 8 levels; (C a conviction for a felony offense (other than an illegal reentry offense for which the sentence imposed exceeded one year and one month, increase by 6 levels; (D a conviction for any other felony offense (other than an illegal reentry offense, increase by 4levels; or (E three or more convictions for misdemeanors that are crimes of violence or drug trafficking offenses, increase by 2 levels. (3 (Apply the Greatest If, at any time after the defendant was ordered deported or ordered removed from the United States for the first time, the defendant engaged in criminal conduct resulting in (A a conviction for a felony offense (other than an illegal reentry offense for which the sentence imposed was five years or more, increase by 10 levels;
(B a conviction for a felony offense (other than an illegal reentry offense for which the sentence imposed was two years or more, increase by 8 levels; (C a conviction for a felony offense (other than an illegal reentry offense for which the sentence imposed exceeded one year and one month, increase by 6 levels; (D a conviction for any other felony offense (other than an illegal reentry offense, increase by 4levels; or (E three or more convictions for misdemeanors that are crimes of violence or drug trafficking offenses, increase by 2 levels. Commentary
Case 3:18-mj-02630-MDD Document 1 Filed 05/21/18 PageID.1 Page 1 of 2 JENNIFER E. McCOLLOUGH FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORN MAY 21 2018 UNITED STATES OF AMERICA, Plaintiff, v. Francisco ANTONIO-Ramirez Defendant. ~~~~~~~~~~~~~~~~ COMPLAINT FOR VIOLATION OF: Title 8, U.S.C., Section 1326; Deported Alien Found in the United States The undersigned complainant, being duly sworn, states: On or about, May 18, 2018, within the Southern District of California, defendant, Francisco ANTONIO-Ramirez, an alien who previously had been excluded, deported and removed from the United States to Mexico, was found in the United States, without the Attorney General of the United States or his designated successor, the Secretary of the Department of Homeland Security (Title 6, United States Code, Sections 202(3 and (4, and 557, having expressly consented to the defendant's reapplication for admission into the United States; in violation of Title 8, United States Code, Section 1326. And the complainant further states that this complaint is based on the attached statement of facts, which is incorporated herein by reference. DaMesha Savage, Deportation Officer U.S. Immigration & Customs Enforcement SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE, THIS 21th DAY OF May 2018. MITCHELL D. DEMBIN United States Magistrate Judge
Case 3:18-mj-02630-MDD Document 1 Filed 05/21/18 PageID.2 Page 2 of 2 PROBABLE CAUSE STATEMENT I, An T. Nguyen, a Deportation Officer with Immigration and Customs Enforcement (ICE; Enforcement and Removal Operations (ERO, declare under penalty of pei:jury the following to be true and correct: On May 18, 2018, at around 6:00 a.m., the defendant identified as Francisco ANTONIO-Ramirez, was apprehended by the San Diego Immigration and Customs Enforcement/Enforcement and Removal Operations (ICE/ERO Fugitive Operations team as part of an operation targeting previously deported criminal aliens. The officers were conducting surveillance at a residential area in San Marcos, California when they observed an individual that matched the description of their intended target, leaving the area in a vehicle. The officers followed the vehicle and conducted a vehicle stop and engaged the individual. During the field interview, the officers asked for identification. The defendant did not have any identification and provided his name to the officers. The officers performed a records check and discovered that the defendant was a previously deported alien, and that he did not have any legal status in the United States. Subsequently, defendant was apprehended and taken to the San Diego Field Office for further processing. A review of official immigration database record checks revealed the defendant was ordered removed from the United States by an Immigration Judge on April 15, 2008, and physically removed to Mexico pursuant to the order on the same day via the Calexico, California, Port of Entry. The defendant was last removed on October 03, 2013 via the San Luis, Arizona, Port of Entry. The Automated Biometric Fingerprint Identification System "!DENT" and Integrated Automated Fingerprint Identification System "IAFIS" were utilized and compared the defendant's fingerprints to those contained in these databases. The results confirmed the defendant's identity as Francisco ANTONIO-Ramirez, a citizen and national of Mexico who was previously removed from the United States to Mexico. Record checks further indicate the defendant has not applied to the Attorney General of the United States or the Secretary of the Department of Homeland Security for permission to re-enter the United States. Executed on this 18 1 h day of May 2018 at Based on the facts presented in the Probable Cause t ment consisting of(! page, I find probable cause to believe that the defendant named therein committed the offense on May 18, 2018, in vi t~oftitl ~r:es Code, Section 1326. [ : PM, May tl!,. 6 13 20181 MITCHELL D. DEMBIN United States Magistrate Judge DATE/TIME
Case 3:18-mj-02630-MDD Document 1-1 Filed 05/21/18 PageID.3 Page 1 of 2 First: Francisco Mid.------ Last: ANTONIO -Ramirez Case No. RAP SHEET SUMMARY CHART cori.v:li.<i!t.iq1'.. c~n~w<l~ti(>#, oa.t~.... c~~r:t. Charge 2004/07/26 2008/03/06 VISTA CN181068 VISTA CN240997 23152(B VC-DUI ALCOHOL/0.08 PERCENT (MISDEMEANOR 23152(B VC-DUI ALCOHOL/0.08 PERCENT (MISDEMEANOR 2011/12/13 SO DIST CA 8 USC 1326 DEPORTED ALIEN FOUND ll-cr-5086 IN U.S. FELONY 2 0l 3 /0g/ 2 0 so DIST CA 8 use 1326 DEPORTED ALIEN FOUND 13-CR-2766 IN U.S. ( FE L ONY Pr;!.aon Term.Points 4 DAYS JAIL, 5 YRS PROB 120 DAYS JAIL, 5 YRS PROB TIME SERVED (60 DAYS 90 DAYS JAIL, 1 YR SUP REL ON PAROLE/PROBATION TOTAL POINTS 0 DATE OF MOST RECENT DEPORTATION 10/03/2013 ---- ---- - The defendant was ordered removed from the United States by an Immigration Judge on April 15, 2008, and physically removed to Mexico pursuant to the order on the same day via the Calexico, California, Port of Entry. The defendant was last removed on October 3, 2013 via the San Luis, Arizona, Port of Entry.
Case 3:18-mj-02630-MDD Document 1-1 Filed 05/21/18 PageID.4 Page 2 of 2 DEFENDANT LOCATOR FORM Name of Defendant: ANTONIO-Ramirez. Francisco DOB: Date of Arrest: 05/18/2018 Time of Arrest: 10: 14 a.m. Arresting Agent/ Agency:...,IC=E,._,/E,,,_R=O'------ Immigration Status: USC - MEX _x_ LPR - BCC - OTHER_ MCC Information Reservation no.: 67 or Window time: 5:30PM ~=~--- Date of Booking: 05/18/2018 Booking Number: Other Booking Facility Information (GEO, CCA, Juvenile Hall, State or County facility Facility: Arrival date: Temporary stay: Yes or No Hospitalized Defendant Information Name of Medical Center: Date of Hospital Admittance: Time: Reason for Hospitalization: Expected Date of Discharge (Approx. if known: (Revised 0112012
<\\;.A0245B Case 3:16-mj-01945-JLB Document 8 Filed 07/28/16 PageID.9 Page 1 of 2 FILED (Rev. 12111 Judgment in a Criminal Petty Case Sheet 1 JUL 282016 UNITED STATES OF AMERICA v. ANDRES PEDRO ALARCON-PESQUElRA REGISTRATION NO. 56108198 UNITED STATES DISTRICT COUR r SOUTHERN DIS fruct OF CALIFORNIA tlbfl:{ us IJlf, I Hlel COURT ~~Uil"lk:HN ijlsihlcr o~ CALIFORNIA gv DEPUTY JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987 Case Number: 16M] I 945-JLB PATRICK HALL Defendant's Attorney o THE DEFENDANT: ~ ~e~~g~i~~oo~u~~2~0~f~t~h~e~c~o~m~p~l~a~i~n~t~~~~~~~~~~~~~~~~~~~~~~~~ o was found guilty on count(s after a plea ofnot guilty. Accordingly, the defendant is adjudged guilty of such count( s, which involve the following offense( s: Count Title & Section Nature of Offense Number(s 8:1325 ILLEGAL ENTRY (MISDEMEANOR 2 The defendant is sentenced as provided in pages 2 through _--=2=--~ofthisjudgment. o The defendant has been found not guilty on oount(s ~ Count(s 1 OF COMPLAINT is ~ ared dismissed on the motion of the United States. ~ Assessment: $10 WAIVED ~ Fine waived o Forfeiture pursuant to order filed included herein. 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. JULY 28, 2016 16MJ I 945-JLB
Case 3:16-mj-01945-JLB Document 8 Filed 07/28/16 PageID.10 Page 2 of 2 AO 2458 (Rev. 12/11 Judgment in Criminal Petty Case Sheet 2 Imprisonment DEFENDANT: ANDRES PEDRO ALARCON PESQUElRA CASE NUMBER: 16MJ1945..JLB Judgment- Page _..;;2_ of IMPRISONMENT The defendant is hereby committed to the custody ofthe United States Bureau of Prisons to be imprisoned for a term of 120 DAYS 2 o Sentence imposed pursuant to Title 8 USC Section 1326(b. o The court makes the following recommendations to the Bureau of Prisons: o The defendant is remanded to the custody of the United States Marshal. o The defendant shall surrender to the United States Marshal for this district: Oat Oa.m. Op m. on as notified by the United States Marshal. o The defendant shall surrender for service ofsentence at the institution designated by the Bureau of Prisons: 0 o as notified by the United States Marshal. o as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: Defendant delivered on to at, with a certified copy ofthis judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL 16MJ1945..JLB
Case 3:15-mj-03167-KSC Document 8 Filed 11/05/15 PageID.8 Page 1 of 2 'A0245B (Rev. 12/11 Judgment in a Criminal Petty Case FILED Sheet 1 UNITED STATES OF AMERICA v. ROMUALDO HERNANDEZ SALGADO (1 A.K.A. ANDRES PEDRO ALARCON-PESQUElRA REGISTRATION NO. 56108198 UNITED STATES DISTRICT COURT I z~ SOUTHERN DISTRICT OF CALIFORNIA JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987 Case Number: 15MB167-KSC ELIZABETH NGUYEN BEHNKE Defendant's Attorney o THE DEFENDANT: 181 pleaded guilty to count(s TWO OF THE MAGISTRATE COMPLAINT o was found guilty on count(s after a plea of not guilty. Accordingly, the defendant is adjudged guilty of such count(s, which involve the following offense(s: Count Title & Section Nature of Offense Number(s 8 USC 1325 ILLEGAL ENTRY (Misdemeanor 2 The defendant is sentenced as provided in pages 2 through _--=2=--_ofthisjudgment. o The defendant has been found not guilty on count(s 181 Count(s ONE OF THE COMPLAINT is 181 ared dismissed on the motion of the United States. 181 Assessment: $10.00 Waived 181 Fine waived 0 Forfeiture pursuant to order filed included herein. 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. UNITED STATES MAGISTRATE JUDGE 15MB 167-KSC
Case 3:15-mj-03167-KSC Document 8 Filed 11/05/15 PageID.9 Page 2 of 2 AO 245B (Rev, 12111 Judgment in Criminal Petty Case Sheet 2 - Imprisonment DEFENDANT: ROMUALDO HERNANDEZ SALGADO (l CASE NUMBER: 15MJ3167.KSC Judgment - Page 2_ of IMPRISONMENT The defendant is hereby committed to the custody ofthe United States Bureau of Prisons to be imprisoned for a term of SIX (6 MONTHS 2 o Sentence imposed pursuant to Title 8 USC Section 1326(b. o The court makes the following recommendations to the Bureau of Prisons: o The defendant is remanded to the custody ofthe United States Marshal. o The defendant shall surrender to the United States Marshal for this district: Oat Da.m. Op m. on as notified by the United States MarshaL o The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: 0 o as notified by the United States Marshal. o as notified by the Probation or Pretrial Services Office. I have executed this judgment as follows: RETURN Defendant delivered on to at, with a certified copy ofthis judgment. UNITED STATES MARSHAL By ~~~~~~~~~~------- DEPUTY UNITED STATES MARSHAL 15MJ3167 KSC
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Case 2:06-cr-00316-JAT Document 13 Filed 06/08/06 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America v. Romualdo Hernandez-Salgado Aliases: Armando Fernandez, Armando Alarcon, Andres Pedro Garcia JUDGMENT IN A CRIMINAL CASE (For Offenses Committed on or After November 1, 1987 No. CR 06-00316-001-PHX-JAT Gregory T. Torok (Appointed Attorney for Defendant USM#: 56108-198 ICE#: A076269187, A73001240 THE DEFENDANT ENTERED A PLEA OF guilty on 3/23/2006 to the one count Information. ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE FOLLOWING OFFENSE(S: violating Title 8, USC 1326(a, Illegal Re-Entry after Deportation, with sentencing enhancement pursuant to Title 8, USC 1326(b(2, a Class C Felony offense, as charged in Count 1 of the Superseding Indictment. IT IS THE JUDGMENT OF THIS COURT THAT the defendant is hereby committed to the custody of the Bureau of Prisons for a term of THIRTY SEVEN (37 MONTHS, with credit for time served. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3 YEARS. CRIMINAL MONETARY PENALTIES The defendant shall pay to the Clerk the following total criminal monetary penalties: SPECIAL ASSESSMENT: $100.00 FINE: $waived RESTITUTION: $-0- The Court finds the defendant does not have the ability to pay and orders the fine waived. If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC 1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in the priority established under 18 U.S.C. 3612(c. The total special assessment of $100.00 shall be paid pursuant to Title 18, United States Code, Section 3013 for Count 1 of the Superseding Indictment. Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior to the expiration of supervision. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and penalties on any unpaid balances. SUPERVISED RELEASE Upon release from imprisonment, the defendant is placed on supervised release for a term of THREE (3 YEARS. The defendant shall report to the probation office in the district to which the defendant is released
Case 2:06-cr-00316-JAT Document 13 Filed 06/08/06 Page 2 of 3 CR 06-00316-001-PHX-JAT Page 2 of 3 USA vs. Romualdo Hernandez-Salgado within 72 hours of release from the custody of the Bureau of Prisons. For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use of a controlled substance. Pursuant to 18 USC 3563(a(5 and 3583(d the defendant shall submit to one drug test within 15 days of release from imprisonment and such other periodic drug tests thereafter, as directed from time to time by the probation officer. The defendant shall not possess a firearm, ammunition or other dangerous weapon as defined in 18 U.S.C. 921. It is the order of the Court that, pursuant to General Order 05-36, which incorporates the requirements of USSG 5B1.3 and 5D1.2, you shall comply with the following conditions: 1 You shall not commit another federal, state, or local crime during the term of supervision. 2 You shall not leave the judicial district or other specified geographic area without the permission of the Court or probation officer. 3 You shall report to the Probation Office as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month. 4 You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. 5 You shall support your dependents and meet other family responsibilities. 6 You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons. 7 You shall notify the probation officer at least ten days prior to any change of residence or employment. 8 You shall refrain from excessive use of alcohol and are subject to being prohibited from the use of alcohol if ordered by the Court in a special condition of supervision. 9 You shall not purchase, possess, use, distribute or administer any narcotic or other controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 801 or any paraphernalia related to such substances, without a prescription by a licensed medical practitioner. Possession of controlled substances will result in mandatory revocation of your term of supervision. 10 You shall not frequent places where controlled substances are illegally sold, used, distributed or administered, or other places specified by the Court. 11 You shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer. 12 You shall permit a probation officer to visit at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer. 13 You shall immediately notify the probation officer (within forty-eight (48 hours if during a weekend or on a holiday of being arrested or questioned by a law enforcement officer. 14 You shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the Court. 15 As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notification and to confirm your compliance with such notification requirement. 16 If you have ever been convicted of a felony, you shall refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon. If you have ever been convicted of a misdemeanor involving domestic violence, you shall refrain from possession of any firearm or ammunition. Possession of a firearm will result in mandatory revocation of your term of supervision. This prohibition does not apply to misdemeanor cases that did not entail domestic violence, unless a special condition is imposed by the Court. 17 Unless suspended by the Court, you shall submit to one substance abuse test within the first 15 days of supervision and thereafter at least two, but no more than two periodic substance abuse tests per year of supervision, pursuant to 18 U.S.C. 3563(a(5 and 3583(d; 18 If supervision follows a term of imprisonment, you shall report in person to the Probation Office
Case 2:06-cr-00316-JAT Document 13 Filed 06/08/06 Page 3 of 3 CR 06-00316-001-PHX-JAT Page 3 of 3 USA vs. Romualdo Hernandez-Salgado in the district to which you are released within seventy-two (72 hours of release. 19 You shall pay any monetary penalties as ordered by the Court. You will notify the probation officer of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments. 20 If you have ever been convicted of any qualifying federal or military offense (including any federal felony listed under 42 U.S.C. 14135a(d(1 or 10 U.S.C. 1565(d, you shall cooperate in the collection of DNA as directed by the probation officer pursuant to 42 U.S.C. 14135a(a(2. The following special conditions are in addition to the conditions of supervised release or supersede any related standard condition: 1. If deported, you shall not re-enter the United States without legal authorization. THE COURT FINDS that you have been sentenced in accordance with the terms of the plea agreement and that you have waived your right to appeal and to collaterally attack this matter. The waiver has been knowingly and voluntarily made with a factual basis and with an understanding of the consequences of the waiver. The Court may change the conditions of probation or supervised release or extend the term of supervision, if less than the authorized maximum, at any time during the period of probation or supervised release. The Court may issue a warrant and revoke the original or any subsequent sentence for a violation occurring during the period of probation or supervised release. IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment to the United States Marshal of this district. The Court orders commitment to the custody of the Bureau of Prisons. The defendant is remanded to the custody of the United States Marshal. Date of Imposition of Sentence: Monday, June 5, 2006 DATED this 8 th day of June, 2006. I have executed this Judgment as follows: RETURN Defendant delivered on to at, the institution designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case. United States Marshal CR 06-00316-001-PHX-JAT - Hernandez-Salgado By: Deputy Marshal 6/5/06 2:44pm
Case 2:05-po-09257-JRI Document 1 Filed 08/22/05 Page 1 of 2 United States of America v. Armando Fernandez-Hernandez Citizen of Mexico UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JUDGMENT IN A CRIMINAL CASE (For Offenses Committed on or After November 1, 1987 No. 05-09257-001M-P Gregory T. Torok (Appointed Attorney for Defendant USM#: 56108198 DOB: 1975 ICE#: A76 269 187 THE DEFENDANT ENTERED A PLEA OF guilty on 8/22/05 to Count TWO of the Complaint. ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY OF THE FOLLOWING OFFENSE(S: violating Title 8 USC 1325 ILLEGAL ENTRY, a Petty offense, as charged in Count TWO of the Complaint. IT IS THE JUDGMENT OF THE COURT THAT the defendant is hereby committed to the custody of the Bureau of Prisons for a term of SEVENTY FIVE (75 DAYS on Count TWO, with credit for time served. IT IS FURTHER ORDERED that all remaining counts are dismissed on motion of the United States. CRIMINAL MONETARY PENALTIES The defendant shall pay to the Clerk the following total criminal monetary penalties: SPECIAL ASSESSMENT: $Remitted FINE: RESTITUTION: If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC 1, Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in the priority established under 18 U.S.C. 3612(c. The total special assessment of $Remitted shall be paid pursuant to Title 18, United States Code, Section 3013 for Count TWO of the Complaint. Any unpaid balance shall become a condition of supervision and shall be paid within prior to the expiration of supervision. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and penalties on any unpaid balances. THE COURT FINDS that you have been sentenced in accordance with the terms of the plea agreement and that you have waived your right to appeal and to collaterally attack this matter. The waiver has been knowingly and voluntarily made with factual basis and with an understanding of the consequences of the waiver.
Case 2:05-po-09257-JRI Document 1 Filed 08/22/05 Page 2 of 2 05-09257-001M-P Page 2 of 2 USA vs. Armando Fernandez-Hernandez IT IS FURTHER ORDERED that the Clerk of the Court deliver two certified copies of this judgment to the United States Marshal of this district. The Court orders commitment to the custody of the Bureau of Prisons. The defendant is remanded to the custody of the United States Marshal. Date of Imposition of Sentence: Monday, August 22, 2005 JAY R. IRWIN, United States Magistrate Judge I have executed this Judgment as follows: RETURN Date 8/22/2005 Defendant delivered on to at, the institution designated by the Bureau of Prisons, with a certified copy of this judgment in a Criminal case. United States Marshal CC: USM (3 certified, BPatrol (1 Certified, FIN, Order Book 05-09257-001M-P - By: Deputy Marshal
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, v. Plaintiff, Defendant. Criminal No. CONSENT TO RULE 11 PLEA IN A FELONY CASE BEFORE UNITED STATES MAGISTRATE JUDGE I have been advised by my attorney and by the United States Magistrate Judge of my right to enter my plea in this case before a United States District Judge. I hereby declare my intention to enter a plea of guilty in the above case, and I request and consent to have my plea taken by a United States Magistrate Judge pursuant to Rule 11 of the Federal Rules of Criminal Procedure. I understand that if my plea of guilty is taken by the United States Magistrate Judge, and the Magistrate Judge recommends that the plea be accepted, the assigned United States District Judge will then decide whether to accept or reject any plea agreement I may 1
1 2 3 4 5 6 have with the United States and will adjudicate guilt and impose sentence. I further understand that any objections to the Magistrate Judge s findings and recommendation must be filed within 14 days of the entry of my guilty plea. 7 8 9 10 Dated: Defendant 11 12 13 14 15 16 17 Dated: Attorney for Defendant The United States Attorney consents to have the plea in this case taken by a United States Magistrate Judge pursuant to Criminal Local Rule 11.1. 18 19 20 21 22 23 24 25 26 27 28 Dated: Assistant United States Attorney 2