USA v. Lajud Libien

OCR transcription for search; preserved printed pages are authoritative

Case 3:25-cr-01846-BJC Document 53
Filed 01/28/26 of 8
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA V. NAIM LAJUD LIBIEN (1)
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
Case Number: 3:25-CR-01846-BJC
Nicholas DePento
Defendant's Attorney
USM Number 22044-506
-
THE DEFENDANT:
pleaded guilty to count(s) 1 of the Information
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):
Title and Section / Nature of Offense
18:545 - Smuggling Goods into the United States (Felony)
Count 1
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 defendant has been found not guilty on count(s)
Count(s) remaining are dismissed on the motion of the United States.
☒ Assessment: $100.00
_
Forfeiture pursuant to order filed , included herein. ☒ No fine
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 any material change in the defendant's economic circumstances.
January 26. 2026 Date of Imposition of Sentence Beyan
Cheia
HON. BENJAMIN J. CHEEKS UNITED STATES DISTRICT JUDGE
AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT: 	NAIM LAJUD LIBIEN (1) 	Judgment - Page 2 of 6
CASE NUMBER: 	3:25-CR-01846-BJC
3:25-CR-01846-BJC
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
Time served
☐ 	Sentence imposed pursuant to Title 8 USC Section 1326(b).
☐ 	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 must surrender to the United States Marshal for this district:
☐ 	at 	A.M. 	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:
☐ 	on or before
☐ 	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 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT: 	NAIM LAJUD LIBIEN (1) 	Judgment - Page 3 of 6
CASE NUMBER: 	3:25-CR-01846-BJC
3:25-CR-01846-BJC
SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
3 years
MANDATORY CONDITIONS
1. 	The defendant must not commit another federal, state or local crime.
2. 	The defendant must not unlawfully possess a controlled substance.
3. 	The defendant must not illegally possess a controlled substance. The defendant must refrain from any unlawful use of a
controlled substance. The defendant 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. Testing requirements will not exceed submission of more
than 4 drug tests per month during the term of supervision, unless otherwise ordered by the court.
☐The above drug testing condition is suspended, based on the court's determination that the defendant poses a low
risk of future substance abuse. (check if applicable)
4. 	☐The defendant 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. 	☒The defendant must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
6. 	☐The defendant 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 sex offender registration agency in
the location where the defendant resides, works, is a student, or was convicted of a qualifying offense. (check if
applicable)
7. 	☐The defendant must participate in an approved program for domestic violence. (check if applicable)
The defendant must comply with the standard conditions that have been adopted by this court as well as with any other
conditions on the attached page.
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT: 	NAIM LAJUD LIBIEN (1) 	Judgment - Page 4 of 6
CASE NUMBER: 	3:25-CR-01846-BJC
3:25-CR-01846-BJC
STANDARD CONDITIONS OF SUPERVISION
As part of the defendant’s supervised release, the defendant must comply with the following standard conditions of
supervision. These conditions are imposed 	because they establish the basic expectations for the defendant’s 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 the defendant’s conduct and condition.
1. The defendant must report to the probation office in the federal judicial district where they are authorized to reside within 72
hours of their release from imprisonment, unless the probation officer instructs the defendant to report to a different probation
office or within a different time frame.
2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer
as instructed.
3. The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first
getting permission from the court or the probation officer.
4. The defendant must answer truthfully the questions asked by their probation officer.
5. The defendant must live at a place approved by the probation officer. If the defendant plans to change where they live or
anything about their living arrangements (such as the people living with the defendant), the defendant 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, the defendant must notify the probation officer within 72 hours of becoming aware of a change or
expected change.
6. The defendant must allow the probation officer to visit them at any time at their home or elsewhere, and the defendant must
permit the probation officer to take any items prohibited by the conditions of their supervision that he or she observes in plain
view.
7. The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full-
time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
defendant works or anything about their work (such as their position or their job responsibilities), the defendant 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, the defendant must notify the probation officer within 72 hours of becoming aware of a
change or expected change.
8. The defendant must not communicate or interact with someone they know is engaged in criminal activity. If the defendant
knows someone has been convicted of a felony, they must not knowingly communicate or interact with that person without
first getting the permission of the probation officer.
9. If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72 hours.
10. The defendant 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. The defendant 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 the defendant poses a risk to another person (including an organization), the probation
officer may require the defendant to notify the person about the risk and the defendant must comply with that instruction.
The probation officer may contact the person and confirm that the defendant notified the person about the risk.
13. The defendant must follow the instructions of the probation officer related to the conditions of supervision.
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT: 	NAIM LAJUD LIBIEN (1) 	Judgment - Page 5 of 6
CASE NUMBER: 	3:25-CR-01846-BJC
3:25-CR-01846-BJC
SPECIAL CONDITIONS OF SUPERVISION
1. 	If deported, excluded or allowed to voluntarily return to country of origin, not reenter the United States
illegally and report to the probation officer within 24 hours of any reentry into the United States;
supervision waived upon deportation, exclusion, or voluntary departure.
//
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AO 245S (CASD Rev. 08/13) Judgment in a Criminal Case
DEFENDANT: 	NAIM LUJUD LIBIEN 	Judgment - Page 6 of 6
CASE NUMBER: 25-CR-1846-BJC
CASE NO. 25-cr-1846-BJC
RESTITUTION
The defendant shall pay restitution in the amount
of
$ 2,332.00 	unto the United States of
America.
Pay restitution in the amount of $2,332.00 through the Clerk, U. S. District Court. Payment of restitution shall
be forthwith. During any period of incarceration, the defendant shall pay restitution through the Inmate Financial
Responsibility Program at the rate of 50% of the defendant’s income, or $25.00 per quarter, whichever is greater.
The defendant shall pay the restitution during his supervised release at the rate of $400.00 per month. These
payment schedules do not foreclose the United States from exercising all legal actions, remedies, and process
available to it to collect the restitution judgment. Restitution is to be paid to the following victims and distribution
is to be made on a pro rata basis.
Until restitution has been paid, the defendant shall notify the Clerk of the Court and the United States Attorney’s
Office of any change in the defendant’s mailing or residence address, no later than thirty (30) days after the
change occurs.
Victim 	Amount 	Address
RESTITUTION ORDER
ATTACHED
The Court has determined that the defendant 	does not 	have the ability to pay interest. It is ordered that:
The interest requirement is waived
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JAN 2 6 2026
CLERK U.S. DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BY
TW DEPUTY
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Case No .: 25CR1846-BJC
Plaintiff,
V.
NAIM LAJUD LIBIEN, Defendant.
ORDER OF RESTITUTION
IT IS HEREBY ORDERED:
1. Pursuant to 18 U.S.C. § 3663(a)(1)(A) and (3), Defendant Naim Lajud Libien (hereinafter "Defendant") shall pay restitution in the amount of $2,332 as a result of Defendant's conviction for smuggling goods (CITES-protected parakeets) into the United States, in violation of 18 U.S.C. § 545.
2. Restitution shall be paid to U.S. Fish and Wildlife Service Lacey Act Reward Account in the sum of $2,332.
3.
Defendant shall make a bona fide effort to pay restitution in full as soon as practicable.
4. After considering the factors set forth in 18 U.S.C. § 3664(f)(2), the Court finds that the Defendant has the ability to pay the restitution as set forth in the following payment schedule:
a. During any period of incarceration, Defendant shall pay restitution through the Inmate Financial Responsibility Program at the rate of 50% of Defendant's income, or $25.00 per quarter, whichever is greater.
b. Upon release from custody, Defendant shall pay restitution at the rate of at least $400 per month, subject to modification upon further agreement of the parties or order of the Court.
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5. This payment schedule does not foreclose the United States from exercising all legal actions, remedies, and process available to collect the restitution judgment, including but not limited to remedies pursuant to 18 U.S.C. §§ 3613 and 3664(m)(1)(A).
6. Defendant shall forward all restitution payments, by bank or cashier's check or money order payable to the "Clerk, U.S. District Court," to:
Clerk of the Court United States District Court Southern District of California 333 West Broadway, Suite 420 San Diego, CA 92101
To be paid to or on behalf of:
Lacey Act Reward Account U.S. Fish and Wildlife Service Cost Accounting Section P.O. Box 272065 Denver, CO 80227-9060
7. The Court has determined that Defendant does not have the ability to pay interest. The interest requirement is waived pursuant to 18 U.S.C. 3612(f)(3)(A). 8. Until restitution has been paid, Defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in Defendant's economic circumstances that might affect Defendant's ability to pay restitution no later than thirty days after the change occurs. See 18 U.S.C. § 3664(k).
9. Until restitution has been paid, Defendant shall notify the Clerk of the Court and the United States Attorney's Office of any change in mailing or residence address, no later than thirty days after the change occurs. See 18 U.S.C. § 3612(b)(1)(F).
IT IS SO ORDERED.
DATED: 1/26/26
Bujan Checker
HON. BENJAMIN J. CHEEKS United States District Judge
Restitution Order
25CR1846-BJC
2
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