FLND Form 245B (rev 12/2003) Judgment in a Criminal Case Page 1 of 7

4:03CR16-01 HERNANDEZ LOPEZ DANIELS.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

-vs- Case # 4:03CR16-01

HERNANDEZ LOPEZ DANIELS

USM # 11742-017

Defendant’s Attorney:

Paul M. Villeneuve (Appointed)

254 East 6th Avenue

Tallahassee, Florida 32303

___________________________________

JUDGMENT IN A CRIMINAL CASE

The defendant was found guilty on Counts 1, 2 and 4 of the Indictment on October 23, 2003.

Accordingly, IT IS ORDERED that the defendant is adjudged guilty of such counts which involve

the following offenses:

TITLE/SECTION

NUMBER

NATURE OF

OFFENSE

DATE OFFENSE

CONCLUDED COUNT

21 U.S.C. §§

841(b)(1)(A)(iii) and 846

Conspiracy to Distribute and Possess with

Intent to Distribute More Than 50 Grams

of Cocaine Base 

March 4, 2003 1 (sentence

imposed on

January 20,

2004

21 U.S.C. §§ 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine July 24, 2002 2

21 U.S.C. §§ 841(a)(1)

and (b)(1)(C)

Distribution of Cocaine October 11, 2002 4

The defendant is sentenced as provided in the following pages of this judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984, including amendments effective

subsequent to 1984, and the Sentencing Guidelines promulgated by the U.S. Sentencing

Commission.

Defendant was found not guilty on Count 3 of the Indictment.

IT IS FURTHER ORDERED that the defendant shall 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.

Date of Imposition of Sentence: 

March 8, 2006

Date: March 31, 2006

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4:03CR16-01 HERNANDEZ LOPEZ DANIELS.

IMPRISONMENT

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

imprisoned for a term of three hundred and sixty (360) months as to Counts 2 and 4, to run

concurrently with the Life sentence imposed on Count 1 on January 20, 2004.

The defendant was previously denied bond, and is remanded to the custody of the United States

Marshal.

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 U.S. Marshal 

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4:03CR16-01 HERNANDEZ LOPEZ DANIELS.

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term

of six (6) years on Counts 2 and 4, to run concurrently with the term of ten (10) years

imposed on Count 1 on January 20, 2004.

The defendant shall report to the probation office in the district to which the defendant is

released within 72 hours of release from custody of the Bureau of Prisons.

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

a firearm, destructive device, or any other dangerous weapon.

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

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.

STANDARD CONDITIONS OF SUPERVISION

The defendant shall comply with the following standard conditions that have been

adopted by this court.

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 10 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;

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4:03CR16-01 HERNANDEZ LOPEZ DANIELS.

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 72 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.

14. if this judgment imposes a fine or a restitution obligation, it shall be a condition of supervision that the

defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in

the Criminal Monetary Penalties sheet of this judgment.

ADDITIONAL CONDITIONS OF SUPERVISED RELEASE

The defendant shall also comply with the following additional conditions of supervised

release:

1. the defendant shall report in person to the probation office in the district to which he is released within

72 hours of his release from the Bureau of Prisons.

2. the defendant shall not own or possess a firearm, dangerous weapon or destructive device.

3. the defendant shall provide the probation officer with all requested financial information, business and

personal.

4. the defendant shall participate in a program of drug and/or alcohol testing, treatment and counseling.

Upon a finding of a violation of probation or supervised release, I understand the Court may

(1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of

supervision.

These conditions have been read to me. I fully understand the conditions and have been

provided a copy of them.

Defendant Date

U.S. Probation Officer/Designated Witness Date

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4:03CR16-01 HERNANDEZ LOPEZ DANIELS.

CRIMINAL MONETARY PENALTIES

All criminal monetary penalty payments, except those payments made through the Bureau

of Prisons’ Inmate Financial Responsibility Program, are to be made to the Clerk, U.S. District

Court, unless otherwise directed by the Court. Payments shall be made payable to the Clerk, U.S.

District Court, and mailed to 111 N. Adams St., Suite 322, Tallahassee, FL 32301-7717. Payments

can be made in the form of cash if paid in person.

The defendant shall pay the following total criminal monetary penalties in accordance with

the schedule of payments set forth in the Schedule of Payments. The defendant shall pay interest

on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the

fifteenth day after the date of judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options

in the Schedule of Payments may be subject to penalties for default and delinquency pursuant to

18 U.S.C. § 3612(g).

SUMMARY

Special

Monetary Assessment Fine Restitution

$200.00* NONE NONE

* This amount is in addition to the $100.00 special monetary assessment imposed on Count 1 on

January 20, 2004.

SPECIAL MONETARY ASSESSMENT

A special monetary assessment of $200.00* is imposed, and is due in full immediately.

FINE

NONE

RESTITUTION

NONE

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4:03CR16-01 HERNANDEZ LOPEZ DANIELS.

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order: (1) special monetary assessment; (2) non-federal

victim restitution; (3) federal victim restitution; (4) fine principal; (5) costs; (6) interest; (7) penalties

in full immediately 

The defendant must notify the court of any material changes in the defendant’s economic

circumstances, in accordance with 18 U.S.C. §§ 3572(d), 3664(k) and 3664(n). Upon notice of a

change in the defendant’s economic condition, the Court may adjust the installment payment

schedule as the interests of justice require.

Special instructions regarding the payment of criminal monetary penalties pursuant to 18 U.S.C.

§ 3664(f)(3)(A): 

Unless the court has expressly ordered otherwise above, if this judgment imposes a period of

imprisonment, payment of criminal monetary penalties shall be due during the period of

imprisonment. In the event the entire amount of monetary penalties imposed is not paid prior to the

commencement of supervision, the U.S. probation officer shall pursue collection of the amount due.

The defendant will receive credit for all payments previously made toward any criminal monetary

penalties imposed. 

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DENIAL OF FEDERAL BENEFITS

FOR DRUG TRAFFICKERS PURSUANT TO 21 U.S.C. § 862(a) 

IT IS ORDERED that the defendant shall be: 

ineligible for all federal benefits for a period of 5 years.

Pursuant to 21 U.S.C. § 862(d), this denial of federal benefits does not include any

retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other

similar benefit, or any other benefit for which payments or services are required for eligibility.

The Clerk of Court is responsible for sending a copy of this page and the first page of

this Judgment to the U.S. Department of Justice at the following address:

Denial of Federal Benefits Program

U.S. Department of Justice

Bureau of Justice Assistance

810 Seventh Street, N.W.,

Washington DC 20531

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