AO 245B (Rev. 6/05 - Judgment in a Criminal Case

United States District Court

Northern District of California

UNITED STATES OF AMERICA

v.

ROBERTO C. HERRERA

JUDGMENT IN A CRIMINAL CASE

USDC Case Number: CR-09-00521-002 MMC

BOP Case Number: DCAN309CR000521-002 

USM Number: 12864-111 

Defendant’s Attorney :David Billingsley, 24301 Southland Drive #312,

Hayward, CA 94545 

THE DEFENDANT:

[x] pleaded guilty to count(s): Two and Three of the Indictment .

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

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

The defendant is adjudicated guilty of these offense(s):

Title & Section Nature of Offense

Offense

Ended Count

18 U.S.C. § 1951(a) Conspiracy to Commit Robbery Affecting Interstate

Commerce

5/5/2009 2

18 U.S.C. § 924(o) Conspiracy to Use or Possess a Firearm in

Furtherance of a Crime of Violence and a Drug

Trafficking Crime

5/5/2009 3

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 defendant has been found not guilty on count(s) .

[x] Count(s) One (1) of the Indictment is 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 any material changes in economic circumstances.

April 21, 2010

Date of Imposition of Judgment

Signature of Judicial Officer

Honorable Maxine M. Chesney, U. S. District Judge

Name & Title of Judicial Officer

April 23, 2010

Date

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 1 of 7
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case Sheet 2 - Imprisonment

DEFENDANT: ROBERTO C. HERRERA Judgment - Page 2 of 7 

CASE NUMBER: CR-09-00521-002 MMC

IMPRISONMENT

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

total term of 57 months .

This term consists of 57 months on each of Counts Two and Three, both terms to be served concurrently.

[x] The Court makes the following recommendations to the Bureau of Prisons:

That the defendant participate in the Bureau of Prisons Residential Drug Abuse Treatment Program. 

That the defendant be placed as close as possible to the San Francisco Bay Area to allow for visits from his wife

and six children.

[x]The defendant is remanded to the custody of the United States Marshal. The appearance bond is hereby

exonerated.

[ ]The defendant shall surrender to the United States Marshal for this district.

[ ] at [] am [] pm on .

[ ] as notified by the United States Marshal.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

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

[ ] before 2:00 pm on .

[ ] as notified by the United States Marshal.

[ ] as notified by the Probation or Pretrial Services Office.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

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 

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 2 of 7
AO 245B (Rev. 12/03) Judgment in a Criminal Case Sheet 3 - Supervised Release

DEFENDANT: ROBERTO C. HERRERA Judgment - Page 3 of 7 

CASE NUMBER: CR-09-00521-002 MMC

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of Three (3) years .

This term consists of three years on each of Counts Two and Three, both terms to be served concurrently.

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 two periodic drug tests

thereafter.

[ ] 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.)

[x] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check if applicable.)

[x ] 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

in this judgment.

STANDARD CONDITIONS

1) The defendant shall not leave the judicial district without 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 dependants 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.

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 3 of 7
AO 245B (Rev. 12/03) Judgment in a Criminal Case Sheet 3 - Supervised Release

DEFENDANT: ROBERTO C. HERRERA Judgment - Page 4 of 7 

CASE NUMBER: CR-09-00521-002 MMC

SPECIAL CONDITIONS OF SUPERVISION

1) The defendant shall not have contact with any co-defendant, in this case namely any individual who is named

in the Indictment..

2) Upon release from imprisonment, the defendant shall be placed on supervised release for a term of Three (3)

years . Within 72 hours of release from custody, the defendant shall report in person to the probation office in the

district in which the defendant is released, unless he has been deported. While on supervised release, the defendant

shall not commit another federal, state, or local crime, shall comply with the standard conditions that have been

adopted by the court, and shall comply with the following special condition(s):

The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs

Enforcement and, if deported, not reenter the United States without the express consent of the Secretary of

the Department of Homeland Security. Upon reentry into the United States during the period of court

ordered supervision, the defendant shall report to the nearest U.S. Probation Office within 72 hours.

3) The defendant shall participate in a program of testing and treatment for drug and/or alcohol abuse, as

directed by the probation officer, until such time as the defendant is released from treatment by the probation

officer. The defendant is to pay part or all of the cost of this treatment, at an amount not to exceed the cost of

treatment, as deemed appropriate by the probation officer. Payments shall never exceed the cost of urinalysis

and counseling. The actual co-payment schedule shall be determined by the probation officer.

4) The defendant shall pay any special assessment that is imposed by this judgment, (and that remains unpaid at

the commencement of the term of supervised release),

The defendant shall provide the probation officer access to any requested financial information, including

tax returns, and shall authorize the probation office to conduct credit checks and obtain copies of income

tax returns.

5) The defendant shall submit his person, property, place of residence, vehicle, and personal property under his

control to a search. Such a search shall be conducted by a United States Probation Officer, or any federal, state,

or local law enforcement officer, at any time, with or without cause. Failure to submit to such a search may be

grounds for revocation; the defendant shall warn other people in his residence or vehicle that they may be

subject to searches.

6) The defendant shall not own or possess any firearms, ammunition, destructive devices, or other dangerous

weapons.

7) The defendant shall cooperate in the collection of DNA as directed by the probation officer.

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 4 of 7
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: ROBERTO C. HERRERA Judgment - Page 5 of 7 

 CASE NUMBER: CR-09-00521-002 MMC

 * 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.

CRIMINAL MONETARY PENALTIES

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

Assessment Fine Restitution

Totals: $ 200.00 $ $ 

[ ] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C)

will be entered after such determination.

[ ] The defendant shall 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 proportional payment

unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18

U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.

Name of Payee Total Loss* Restitution Ordered Priority or Percentage

 Totals: $ $

[ ] Restitution amount ordered pursuant to plea agreement $ 

[ ] 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).

[ ] 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 [ ] fine [ ] restitution.

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

 

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 5 of 7
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: ROBERTO C. HERRERA Judgment - Page 6 of 7 

 CASE NUMBER: CR-09-00521-002 MMC

 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.

SCHEDULE OF PAYMENTS

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

follows:

A [ ] Lump sum payment of $ due immediately, balance due

[ ] not later than , or

[ ] in accordance with ( ) C, ( ) D, ( ) E or ( ) F below; or

B [x] Payment to begin immediately (may be combined with (x ) C, (X ) D, or ( ) F below); and 

C [x] Payment in equal quarterly installments of $ 25.00 over a period of 57 months , to commence 30 days

 after the date of this judgment; and 

D [x] Payment in equal quarterly installments of $ 25.00 over a period of Three (3) years , to commence 30

days after release from imprisonment to a term of supervision; or

E [ ] 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 [ ] Special instructions regarding the payment of criminal monetary penalties: 

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal

monetary penalties is due during imprisonment. All 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.

[ ] Joint and Several

Defendant and codefendant Names Case Numbers

(including

defendant number)

Total Amount Joint and Several

Amount

Corresponding

Payee (if

appropriate)

[ ] The defendant shall pay the cost of prosecution.

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 6 of 7
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: ROBERTO C. HERRERA Judgment - Page 7 of 7 

 CASE NUMBER: CR-09-00521-002 MMC

 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.

[ ] The defendant shall pay the following court cost(s):

[ ] The defendant shall forfeit the defendant's interest in the following property to the United States:

Case 3:09-cr-00521-MMC Document 45 Filed 04/23/10 Page 7 of 7