USA v. Hernandez-Nieto

AO 2458 (CASO Rev. 1/19) Judgment in a Criminal Case 	FILED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JUDGMENT IN A CRI	UNITED STATES OF AMERICA
V. 	(For Offenses Co mmitted On or After November I, 1987)
Arturo HERNANDEZ-NIE TO
USM Number 	16980-512
□ -
THE DEFEN DANT:
Case Number: 	3:25-CR-04724-AGS
Samuel J. Pope, Federal Defenders
Defendant's Attorney
IZl 	ple aded guilty to count(s) 	ON E OF THE INFORMATION
0 	was found guilty on count(s)
after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which in vo lve the following offense(s):
Title and Section/ Nature of Offense
8 USC 1325(a)(l) - ATTEMPTED IMPROPER ENTRY BY AN ALIEN (F ELONY)
The defendant is sente nced as provided in pages 2 through 	5
------ of this jud gment.
The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
0 	The defendant has been found not guilty on count(s)
Count
I
IZl 	Count(s) 	REMAINI NG 	is 	dismissed on the m ot ion of the United States.
1ZJ 	Assessment : REMITTED
Pursuant to the motion of the United States under 18 USC 3573, the special assessment provided for under 18 USC 30 13 is
wa ived and remitted as unco llectible.
IZl 	No fine 	D 	Forfeiture pursuant to order filed 	, included he re in.
IT IS ORDERED that the defendant must not ify the United States Attorney for this dist ri ct within 30 days of any
change of name, residence, or mailing address until all fines, restitution, cos ts, and special assessments imposed by this
jud gme nt are fully paid. If ordered to pay restitution, the defendant must notify th e court and U ni ted States Atto rn ey of
any material change in the defendant's economic circumstances.
February 9, 2026
Date of Imposition of Sentence
HON. ANDREW G. SCHOPLER
UNITED STATES DISTRICT JUDGE
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AO 245B (CASD Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
Arturo HERNANDEZ-NIETO
3:25-CR-04 724-AGS
IMPRISONMENT
Judgment - Page 2 of 5
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
TIME SERVED (87 DAYS SERVED AS OF 2/9/2026)
□ 	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 STA TES MARSHAL
By 	DEPUTY UNITED STA TES MARSHAL
3:25-CR-04724-AGS
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AO 245B (CASO Rev. 1/19) Judgment in a Criminal Case
DEFENDANT:
CASE NUMBER:
A1turo HERNANDEZ-NIETO
3 :25-CR-04 724-AGS
SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
1 YEAR
MANDATORY CONDITIONS
I. 	The defendant must not commit another federal, state or local crime.
2. 	The defendant must not unlawfully possess a controlled substance.
Judgment - Page 3 of 5
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 cou1t.
□ The above drug testing condition is suspended, based on the comt'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. §
2090 I, 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 ofa 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 comt as well as with any other
conditions on the attached page.
3:25-CR-04 724-AGS
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AO 245B (CASO Rev. 1/19) Judgment in a Criminal Case
DEFEN DANT:
CASE NU MBER:
Arturo HERNANDEZ-NIETO
3 :25-CR-04 724-AGS
STANDARD CONDITIONS OF SUPERVISION
Judgme nt - Pa ge 4 of 5
As part of the defe ndant's supervised release, the defendant must comply w ith the following standard co nditions of
supervision. These co nditions are imposed 	becau se they establish the basic expectations for the defendant's behavior
while on supervision and identify the minimum tools nee ded by probation 	officers to keep informed, report to the
court about, and bring about impro ve ments in the defendant's conduct and condition.
I. T he defendant must report to the probation office in th e federal judic ial district where they are authorized to res id e within 72
hours of their re lea se from imprisonment, unless the probat ion offi ce r in structs th e defendant to report to a different probation
office or within a different time fr ame.
2. After initially reporting to the probation office, the defendant will receive in structi ons from the court or the probation officer
about how and when th e defendant mu st report to th e probation officer, and th e defendant must report to th e probation officer
as instructe d.
3. The defendant mu st not knowingly leave the federal judicial district where the defendant is authori ze d to reside without fir st
getting permission from th e court or th e probation officer.
4. The defendant must answer truthfully the quest ion s asked by their probation officer.
5. The defendant mu st liv e at a place approv ed by the probation officer. If the defendant plans to change where th ey live or
anything about th e ir living arrangements (s uch as th e people living with the defendant), the defendant mu st noti fy the
probation officer at least 10 days before th e change. If notifying th e probation officer in adva nc e is not possible du e to
unanticipated circumstances, the defendant mu st no ti fy the probation officer within 72 ho ur s of becoming aware of a change or
expected change.
6. The defendant mu st allow th e probation officer to vi s it th em at any tim e at their home or elsewhere, and the defendant mu st
pennit the probation officer to take a ny item s prohibited by the conditions of their supervis ion th at he or she observes in plain
vi ew.
7. The defendant mu st work full time (at least 30 hours per week) at a lawful type of employment, unless the probation offic er
excuses the defendant from doing so. If th e defendant does not ha ve full-time employment th e defendant mu st try to fi nd full-
time employment, unl ess the probation officer excuses th e defendant from do in g so. If th e defendant plans to change where the
defendant works or anythin g about their work (such as their pos iti on or the ir job responsibilit ie s), the defendant mu st noti fy th e
probation officer at le ast IO days before th e change. If notifying the probation officer at least IO days in advanc e is not possible
due to unanticipated circumstances, the defe nd an t must notify th e pro bation officer within 72 hours of becoming aware of a
change or expec ted change.
8. The defendant must not communi cate or int eract with someo ne th ey know is engaged in criminal acti vity. If the defendant
knows someone has been convicted of a fe lony, they must not knowingly communicate or interact w ith that person without
fir st getti ng the permi ss ion of th e proba ti on officer.
9. If the defendant is arres ted or questioned by a law enforcement officer, th e defendant must notify the probati on officer within 72 hours.
I 0. The defendant mu st not own, possess, or have access to a fir earm, ammunition, destructive device, or dangerous weapon (i .e.,
anything that was designed, or was modi fi ed for, the spec ifi c purpose of caus in g bodily inju ry 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 ac t as a confidential hum an so urce or
informant without first gett in g the pennission of the co urt.
12. If the probation officer determines the defendant po ses a ri sk to anoth er per so n (including an organi zation), th e proba ti on
o ffi cer may require the defendant to notify the person about the risk and the defendant must comply w ith th at instru c ti on.
The probation officer may contact th e per so n and con firm th at the defe nd ant notified the person about the ris k.
13. Th e defe nd a nt mu st fo llow the in structions of the probation officer related to the cond iti ons of supervision.
3 :25-CR-04724-AGS
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AO 245B (CASO Rev. 1/19) Judgment in a Criminal Case
DEFENDANT: 	Arturo HERNANDEZ-NIETO
3:25-CR-04724-AGS
Judgment - Page 5 of 5
CASE NUMBER:
II
SPECIAL CONDITIONS OF SUPERVISION
1. 	If deported, excluded, or allowed to voluntarily return to country of origin, the defendant must not
reenter the United States illegally. Supervision is waived upon deportation, exclusion, or voluntary
departure.
2. 	Within 24 hours of any reentry into the United States, the defendant must rep011 to the probation officer.
3:25-CR-04724-AGS
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