Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al

Filing 469

Download PDF
Heartbrand Beef, Inc. v. Lobel's of New York, LLC et al AO 245B (Rev. 08/05) Judgment in a Criminal Case Sheet 1 Doc. 469 United States District Court Southern District of Texas Holding Session in Laredo United States of America V. JUDGMENT IN A CRIMINAL CASE ARTURO MARIN-GARCIA U CASE NUMBER: 5:07CR00349-001 S ee Additional Aliases. SM NUMBER: 72360-179 Paul Saenz, AFPD Defendant's Attorney THE DEFENDANT: pleaded guilty to count(s) one on May 16, 2007 w pleaded nolo contendere to count(s) hich was accepted by the court. a was found guilty on count(s) fter a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title & Section 8 U.S.C. 1324 (a)(1) (A)(ii) & (B)(i) and 18 U.S.C. 2 Nature of Offense Offense Ended Count One Transporting an undocumented alien within the United States by means of 02/19/2007 a motor vehicle for purpose of financial gain See Additional Counts of Conviction. The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. C The defendant has been found not guilty on count(s) _______________________________________________ ount(s) ________________________________ Two is 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. August 8, 2007 Date of Imposition of Judgment eservedForJudgeSignature Signature of Judge MICAELA ALVAREZ UNITED STATES DISTRICT JUDGE Name and Title of Judge AuseuvedFor2007 ate R D e g r st 16, SignD ate R GM | GAG Dockets.Justia.com AO 245B (Rev. 08/05) Judgment in a Criminal Case Sheet 2 -- Imprisonment Judgment -- Page 2 of 5 DEFENDANT: ARTURO MARIN-GARCIA CASE NUMBER: 5:07CR00349-001 I MPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of _____________________ Time served The defendant waived the right to appeal the sentence. See Additional Imprisonment Terms. 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 ___________ a.m. p.m. on ___________________ . s notified by the United States Marshal. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: a before 2 p.m. on ______________________ . s 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 AO 245B (Rev. 08/05) Judgment in a Criminal Case Sheet 3 -- Supervised Release Judgment -- Page 3 of 5 DEFENDANT: ARTURO MARIN-GARCIA CASE NUMBER: 5:07CR00349-001 S UPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: _____________ Three (3) Years See Additional Supervised Release Terms. The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. 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 of a 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. (for offenses committed on or after September 13, 1994) 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. STANDARD CONDITIONS OF SUPERVISION See Special Conditions of Supervision. 1) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7) 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; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) 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; 10) 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; 11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) 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 13) 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. AO 245B (Rev. 08/05) Judgment in a Criminal Case Sheet 3C -- Supervised Release Judgment -- Page 4 of 5 DEFENDANT: ARTURO MARIN-GARCIA CASE NUMBER: 5:07CR00349-001 S PECIAL CONDITIONS OF SUPERVISION If deported, the defendant is not to re-enter the United States illegally. If the defendant is deported during the period of probation or the supervised release term, supervision by the probation office becomes inactive. If the defendant returns, the defendant shall report to the nearest U.S. Probation Office immediately. Supervision by the probation officer reactivates automatically upon the defendant's reporting. AO 245B (Rev. 08/05) Judgment in a Criminal Case Sheet 5 -- Criminal Monetary Penalties Judgment -- Page 5 of 5 DEFENDANT: ARTURO MARIN-GARCIA CASE NUMBER: 5:07CR00349-001 C RIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. __ s____ e_ t As_essm_n_ TOTALS S $100 _ i __ F_ne __ st t_ t on Re__i_u_i___ ee Additional Terms for Criminal Monetary Penalties. The determination of restitution is deferred until _____________________. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. 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(i), all nonfederal payees must be paid before the United States is paid. ____ e of _____ Nam____Payee S _ ot__Loss* T__al ____ __ st t_ t on _______ Re__i_u_i___Ordered_ _ ri __ t _ or _________ P__ori_y ___Percentage ee Additional Restitution Payees. TOTALS $ ____________ 0.00 $ ____________ 0.00 T Restitution amount ordered pursuant to plea agreement $ _______________ he 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). The court determined that the defendant does not have the ability to pay interest and it is ordered that: the interest requirement is waived for the the interest requirement for the fine fine restitution. restitution is modified as follows: Based on the Government's motion, the Court finds that reasonable efforts to collect the special assessment are not likely to be effective. Therefore, the assessment is hereby remitted. * 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. August 16, 2007

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?