USA v. Fresquez

AO 245D (Rev. 09/19) Judgment in a Criminal Case for Revocations
Sheet 1
UNITED STATES DISTRICT COURT
District of New Mexico
UNITED STATES OF AMERICA
V.
Judgment in a Criminal Case
(For Revocation of Probation or Supervised Release)
Jose Michael Fresquez Case Number: 1:22CR00042-001WJ
USM Number: 80176-509
Defendant’s Attorney: Rachel Jacobs, Appointed
THE DEFENDANT:
☒ admitted guilt to violations of condition(s) Special, Special of the term of supervision.
☐ was found in violation of condition(s) after denial of guilt.
The defendant is adjudicated guilty of these violations:
Violation Number Nature of Violation Violation Ended
Special Condition The defendant failed to submit to substance abuse testing to
determine if he had used a prohibited substance.
12/15/2024
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984 . The Court has considered the United States Sentencing Guidelines and, in arriving at the sentence for this Defendant, has
taken account of the Guidelines and their sentencing goals. Specifically, the Court has considered the sentencing range determined by application of
the Guidelines and believes that the sentence imposed fully reflects both the Guidelines and each of the factors embodied in 18 U.S.C. § 3553(a).
The Court also believes the sentence is reasonable, provides just punishment for the offense and satisfies the need to impose a sentence that is
sufficient, but not greater than necessary to satisfy the statutory goals of sentencing..
☐ The defendant has not violated condition(s) and is discharged as to such violation(s) condition.
It is 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. If ordered to pay
restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.
0709 6/1/2026
Last Four Digits of Defendant’s Soc. Sec. No. Date of Imposition of Judgment
1985 /s/ William P. Johnson
Defendant’s Year of Birth Signature of Judge
Honorable William P. Johnson
Albuquerque, NM Senior United States District Judge
City and State of Defendant’s Residence Name and Title of Judge
6/1/2026
Date
Case 1:22-cr-00042-WJ Document 169 Filed 06/01/26 Page 1 of 7

AO 245D (Rev. 09/19) Judgment in a Criminal Case for Revocations
Sheet 1A Judgment - Page 2 of 7
DEFENDANT: Jose Michael Fresquez
CASE NUMBER: 1:22CR00042-001WJ
ADDITIONAL VIOLATIONS
Violation Number Nature of Violation Violation Ended
Special Condition The defendant failed to refrain from using or possessing
alcohol. The defendant failed to submit to alcohol testing to
determine if he used alcohol.
12/06/2024
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AO 245D (Rev. 09/19) Judgment in a Criminal Case for Revocations
Sheet 2 - Imprisonment Judgment - Page 3 of 7
DEFENDANT: Jose Michael Fresquez
CASE NUMBER: 1:22CR00042-001WJ
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 502 days, or
time served plus one day, whichever is greater .
☐ The court makes the following recommendations to the Bureau of Prisons:
☒ The defendant is remanded to the custody of the United States Marshal.
☐ The defendant shall surrender to the United States Marshal for this district:
☐ at on .
☐ as notified by the United States Marshal.
☐ The defendant shall 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 Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on to
at with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
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AO 245D (Rev. 09/19) Judgment in a Criminal Case for Revocations
Sheet 3 Supervised Release Judgment - Page 4 of 7
DEFENDANT: Jose Michael Fresquez
CASE NUMBER: 1:22CR00042-001WJ
SUPERVISED RELEASE
Upon release from imprisonment, you will be on supervised release for a term of: 12 months .
MANDATORY CONDITIONS
1. You must not commit another federal, state, or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
☐ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of
future substance abuse. (Check, if applicable.)
4. ☐ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
5. ☒ You must cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable)
6. ☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons, or any state, local, or tribal sex offender registration agency in the location
where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
7. ☐ You must participate in an approved program for domestic violence. (Check, if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the
attached page.
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release
from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when
you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the
probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you
from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities),
you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is
not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or
expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted
of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation
officer.
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9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first
getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may, after
obtaining Court approval, require you to notify that person about the risk and you must comply with that instruction. The probation
officer may contact the person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
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AO 245D (Rev. 09/19) Judgment in a Criminal Case for Revocations
Sheet 5 – Special Conditions Judgment - Page 6 of 7
DEFENDANT: Jose Michael Fresquez
CASE NUMBER: 1:22CR00042-001WJ
SPECIAL CONDITIONS OF SUPERVISION
You must not use or possess alcohol. You may be required to submit to alcohol testing that may include
urine testing, a remote alcohol testing system, and/or an alcohol monitoring technology program to
determine if you have used alcohol. Testing shall not exceed more than 4 test(s) per day. You must not
attempt to obstruct or tamper with the testing methods. You may be required to pay all, or a portion, of
the costs of the testing.
You must not knowingly purchase, possess, distribute, administer, or otherwise use any psychoactive
substances (e.g., synthetic cannabinoids, synthetic cathinones, etc.) that impair your physical or mental
functioning, whether or not intended for human consumption.
You must not possess, sell, offer for sale, transport, cause to be transported, cause to affect interstate
commerce, import, or export any drug paraphernalia, as defined in 21 U.S.C. 863(d).
You must participate in a mental health treatment program and follow the rules and regulations of that
program. The probation officer, in consultation with the treatment provider, will supervise your
participation in the program. You may be required to pay all, or a portion, of the costs of the program.
You shall waive your right of confidentiality and allow the treatment provider to release treatment
records to the probation officer and sign all necessary releases to enable the probation officer to monitor
your progress. The probation officer may disclose the presentence report, any previous mental health
evaluations and/or other pertinent treatment records to the treatment provider.
You must take all mental health medications that are prescribed by your treating physician. You may be
required to pay all, or a portion, of the costs of the program.
You must reside in a residential reentry center, transitional living program or similar program for a
term of 6 months. You are to commence upon release from confinement or upon the first available
vacancy. You must follow the rules and regulations of the program.
You shall waive your right of confidentiality and allow the treatment provider to release treatment
records to the probation officer and sign all necessary releases to enable the probation officer to monitor
your progress. The probation officer may disclose the presentence report, any previous substance abuse
evaluations and/or other pertinent treatment records to the treatment provider.
You must participate in an inpatient substance abuse treatment program. Following completion of the
inpatient program, you must participate in an outpatient substance abuse treatment program. You must
follow the rules and regulations of both programs, and the probation officer will supervise your
participation in both of these programs (provider, location, modality, duration, intensity, etc.). You may
be required to pay all, or a portion, of the costs of these programs.
You must participate in a cognitive behavioral treatment program and follow the rules and regulations of
that program, if available. The probation officer will supervise your participation in the program
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(provider, location, modality, duration, intensity, etc.). Such programs may include group sessions led by
a counselor, or participation in a program administered by the probation office.
You must submit to substance abuse testing to determine if you have used a prohibited substance. Testing
shall not exceed more than 60 test(s) per year. Testing may include urine testing, the wearing of a sweat
patch, and/or any form of prohibited substance screening or testing. You must not attempt to obstruct or
tamper with the substance abuse testing methods. You may be required to pay all, or a portion, of the
costs of the testing.
You must submit to a search of your person, property, residence, vehicle, papers, computers (as defined
in 18 U.S.C. 1030(e)(1)), other electronic communications or data storage devices or media, or office
under your control. The probation officer may conduct a search under this condition only when
reasonable suspicion exists, in a reasonable manner and at a reasonable time, for the purpose of detecting
illegal substances or weapons . You must inform any residents or occupants that the premises may be
subject to a search.
You must participate in and successfully complete a community-based program which provides
education and training in anger management.
U.S. Probation Office Use Only
A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment
containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised Release Conditions,
available at: www.uscourts.gov.
Defendant’s Signature Date
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