USA v. Pacheco-Huizar et al

OCR transcription for search; preserved printed pages are authoritative

waorssn RAR hee OOdAELB. Document 109 Filed 03/18/14 Page 1 of 5 PagelD #:

ina.

Sheet | <pagelD>

STRICT COUR

U.S. DIST
WESTERN DISTRICT ARKANSAS
FILED

UNITED STATES DISTRICT COURT

WESTERN District of ARKANSAMAR 17 2014
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL C ARSE P. JOHNSON, CLERK
V. =). DEPUTY CLERK
MARCELINO PACHECO-HUIZAR Case Number: 5:13CR50012-001
USM Number: 56646-051
Bruce D. Eddy

Defendant’s Attorney

THE DEFENDANT:
X pleaded guilty to count(s) One (1), Thirteen (13), and Fourteen (14) of the Superseding Indictment on April 19, 2013

(J pleaded nolo contendere to count(s)
which was accepted by the court.

(J was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
21 U.S.C. §§ 841(a)(1) Conspiracy to Distribute Methamphetamine 12/08/2012 1
and 846
21 U.S.C. §§ 841(a)(1) Distribution of More Than 50 Grams of Actual Methamphetamine 11/20/2012 13
and 841(b)(1)(A)(viii)
8 U.S.C. § 1326(a) Illegal Reentry into the United States After Deportation 12/08/2012 14
The defendant is sentenced as provided in pages 2 through 5 of this judgment, with the court considering the Sentencing

Guidelines as non-binding and advisory only.

(J The defendant has been found not guilty on count(s)

X Count(s) Two (2) through Twelve (12) and the Forfeiture Allegation of the Superseding Indictment are dismissed on the motion of the
United States.

_, 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.

|
March 17, 2014 |

Date of Imposition of Judgment

/S/_ Timothy L. Brooks
Signature of Judge

Honorable Timothy L. Brooks, United States District Judge
Name and Title of Judge

March 17, 2014
Date

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

AO24SB (RE AGES BvdsBeoreGGOR2CeB Document109 ~ Filed 03/18/14 Page 2 of 5 PagelD #:
Sheet 2 — Imprisonment < nag alD>
Judgment — Page 2 of
DEFENDANT: MARCELINO PACHECO-HUIZAR

CASE NUMBER: 5:13CR50012-001

total term of:

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a

months on Count Fourteen (14), terms to run concurrently.

The court makes the following recommendations to the Bureau of Prisons:

X_ The defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:
LJ] a Olam © pm on
CO as notified by the United States Marshal.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

C) before 2 p.m. on

(as notified by the United States Marshal.

C as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

at

Defendant delivered to

one hundred twenty-one (121) months on each of Counts One (1) and Thirteen (13), and twenty-four (24)

, with a certified copy of this judgment.

UNITED STATES MARSHAL

By

DEPUTY UNITED STATES MARSHAL

ase

AO 2458 RE BHR Tides eee; LLB Document 109 ~— Filed 03/18/14 Page 3 of 5 PagelD #:

igment in a
Sheet 3 — Supervised Release

<pagelD>

Judgment—Page 3 of 5
DEFENDANT: MARCELINO PACHECO-HUIZAR
CASE NUMBER: 5:13CR50012-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of : three (3) years on Count One (1), three

(3) years on Count Thirteen (13), and one (1) year on Count Fourteen (14), terms to run concurrently.

It is anticipated that the defendant will be deported by Immigration Authorities following the term of imprisonment. Accordingly, if defendant

leaves the United States by way of deportation or otherwise after completion of the term of imprisonment and, after such

eparture, again

reenters the United States illegally, the defendant will then be in immediate violation of a condition of supervised release. If, prior to an
deportation, defendant is released on bond by ICE or if, after deportation, the defendant returns to the United States legally, the defendant shall-
in either event-report to the nearest U.S. Probation Office within 72 hours of such release or return.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use ofa controlled substance.
The defendant shall 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 the defendant poses a low risk of
future substance abuse. (Check, if applicable.)

The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a
student, as directed by the probation officer. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the

Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions

on the attached page.

1)
2)
3)
4)
5)

6)
)

8)
9)

10)

11)
12)

13)

STANDARD CONDITIONS OF SUPERVISION

the defendant shall not leave the judicial district without the permission of the court or probation officer;

the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;

the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
the defendant shall support his or her dependents and meet other family responsibilities;

the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;

the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

the defendant 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;

the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any
contraband observed in plain view of the probation officer;

the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

the defendant 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; and

as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal
record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the
defendant’s compliance with such notification requirement.

AO245B (RY AGES) SudemetinsOGdizITsB Document109 Filed 03/18/14 Page 4of5 PagelD #:

Sheet 5 — Criminal Monetary Penalties <paqgelD>
Judgment — Page 4 of 5
DEFENDANT: MARCELINO PACHECO-HUIZAR
CASE NUMBER: 5:13CR50012-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution
TOTALS $ 300.00 $ 15,000.00 $ -0-
(1 The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.
(1 The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage
TOTALS $ 0 $ 0

C] Restitution amount ordered pursuant to plea agreement $

(1 The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

X The court determined that the defendant does not have the ability to pay interest and it is ordered that:
X_ the interest requirement is waived forthe X fine (1 restitution.

[1 the interest requirement for the [] fine [] restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

AO245B (RE QKES)FudeRewinsOGdiza ChB Document109 ~ Filed 03/18/14 Page 5 of 5 PagelD #:
Sheet 6 -—- Schedule of Payments <naqelD>

Judgment — Page 5 of 5

DEFENDANT: MARCELINO PACHECO-HUIZAR
CASE NUMBER: 5:13CR50012-001

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A XX _ Lumpsum payment of $ _ 15,300.00 due immediately, balance due

C1 _séonot Jater than , or
X in accordance Oc, OD, C £E,or X Fbelow;or

(1 Payment to begin immediately (may be combined with ([C, OD,or [)F below); or

C (C Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
D (C Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or

E [J Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F X _ Special instructions regarding the payment of criminal monetary penalties:

If not fi immediately, any unpaid financial penalty shall be payable during the period of imprisonment in quarterly installments of
$25.00 or 10% of the defendant’s quarterly earnings, whichever is greater. e payment of any remaining balance shall be a condition
of supervised release and may be paid in monthly installments of $300.00 or 10% of defendant’s net monthly household income,
whichever is greater, with the entire balance of the fine to be paid in full one month prior to the end of the period of supervised release.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due
during imprisonment, li criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.

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

C) Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

(1 The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):

(1 The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal,
(5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.