AO 245C-CAED (Rev. 3/04) Sheet 1 - Amended Judgment in a Criminal Case (NOTE: Identify Changes with Asterisks*)

United States District Court

Eastern District of California

UNITED STATES OF AMERICA

v.

MACLOVIO ARMANDO ACOSTA

Date of Original Judgment: 10/3/06 

(Or Date of Last Amended Judgment) 

AMENDED JUDGMENT IN A CRIMINAL CASE

(For Offenses Committed On or After November 1, 1987)

Case Number: 2:04CR00389-02

Timothy E. Warriner 

1725 Capitol Avenue 

Sacramento, CA 95814

Defendant’s Attorney

Reason for Amendment:

[ ] Correction of Sentence on Remand (Fed R. Crim. P. 35(a)) [ ] Modification of Supervision Conditions (18 U.S.C. §3563(c) or 3583(e))

[ ] Reduction of Sentence for Changed Circumstances

 (Fed R. Crim. P. 35(b))

[ ] Modification of Imposed Term of Imprisonment for Extraordinary and

 Compelling Reasons (18 U.S.C.§3582(c)(1))

[ ] Correction of Sentence by Sentencing Court (Fed. R. Crim P. 35(c)) [ ] Modification of Imposed Term of Imprisonment for Retroactive

 Amendment(s) to the Sentencing Guidelines (18 U.S.C.§3582(c)(2))

[U] Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) [ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. §2255 

 [ ] 18 U.S.C. §3559(c)(7), [ ] Modification of Restitution Order

THE DEFENDANT:

[U] pleaded guilty to count(s): 1 of the Superseding Indictment .

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

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

ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offense(s):

Date Offense Count

Title & Section Nature of Offense Concluded Number(s)

21 USC 846 and 841(a)(1) Conspiracy to Possess With Intent to Distribute

Methamphetamine 

09/22/2004 1

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant

to the Sentencing Reform Act of 1984.

[ ] The defendant has been found not guilty on counts(s) and is discharged as to such count(s).

[U] Counts 4, 7 and 11 of the Superseding Indictment of the Superseding Indictment are dismissed on the motion of the

United States.

[ ] Indictment is to be dismissed by District Court on motion of the United States.

[ ] Appeal rights given. [U] Appeal rights waived.

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. If ordered to pay restitution, the defendant must notify the court and United States attorney of

material changes in economic circumstances.

10/3/06

Date of Imposition of Judgment

Signature of Judicial Officer

MORRISON C. ENGLAND, JR., United States District Judge

Name & Title of Judicial Officer

October 31, 2006

Date

Case 2:04-cr-00389-MCE Document 203 Filed 10/31/06 Page 1 of 6
AO 245C-CAED (Rev. 3/04) Sheet 1 - Amended Judgment in a Criminal Case (NOTE: Identify Changes with Asterisks*)

IMPRISONMENT

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

total term of 135 months .

[U] The court makes the following recommendations to the Bureau of Prisons:

The Court recommends that the defendant be incarcerated in Lompoc, CA or N. California, but only insofar as this

accords with security classification and space availability. The Court recommends the defendant participate in the

500-Hour Bureau of Prisons Substance Abuse Treatment Program. 

[U] 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 on .

[ ] as notified by the United States Marshal.

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

[ ] before on .

[ ] as notified by the United States Marshal.

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

If no such institution has been designated, to the United States Marshal for this district.

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 

Case 2:04-cr-00389-MCE Document 203 Filed 10/31/06 Page 2 of 6
AO 245B-CAED (Rev. 3/04) Sheet 3 - Supervised Release

CASE NUMBER: 2:04CR00389-02 Judgment - Page 3 of 6 

DEFENDANT: MACLOVIO ARMANDO ACOSTA

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 60 months .

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 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, not to exceed four (4) drug tests per month.

[ ] 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.)

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

[U] The defendant shall submit to the collection of DNA as directed by the probation officer. (Check, if applicable.)

[ ] The defendant shall register and comply with the requirements in the federal and state sex offender registration agency in the

jurisdiction of conviction, Eastern District of California, and in the state and in any jurisdiction where the defendant resides, is

employed, or is a student. (Check, if applicable.)

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

If this judgment imposes a fine or a restitution obligation, 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

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 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 ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol;

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 by 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;

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 2:04-cr-00389-MCE Document 203 Filed 10/31/06 Page 3 of 6
AO 245B-CAED (Rev. 3/04) Sheet 3 - Supervised Release

CASE NUMBER: 2:04CR00389-02 Judgment - Page 4 of 6 

DEFENDANT: MACLOVIO ARMANDO ACOSTA

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall submit to the search of his person, property, home, and vehicle by a United

States Probation Officer, or any other authorized person under the immediate and personal

supervision of the probation officer, based upon reasonable suspicion, without a search warrant.

Failure to submit to a search may be grounds for revocation. The defendant shall warn any

other residents that the premises may be subject to searches pursuant to this condition.

2. The defendant shall provide the probation officer with access to any requested financial

information.

3. As directed by the probation officer, the defendant shall participate in a correctional treatment

program (inpatient or outpatient) to obtain assistance for drug or alcohol abuse.

4. As directed by the probation officer, the defendant shall participate in a program of testing (i.e.

breath, urine, sweat patch, etc.) to determine if he has reverted to the use of drugs or alcohol.

5. The defendant shall not possess or have access to any paging device or cellular phone without

the advance permission of the probation officer. The defendant shall provide all billing records

for such devices, whether used for business or personal, to the probation officer upon request.

6. The defendant shall abstain from the use of alcoholic beverages and shall not frequent those

places where alcohol is the chief item of sale.

7. As directed by the probation officer, the defendant shall participate in a co-payment plan for

treatment or testing and shall make payment directly to the vendor under contract with the

United States Probation Office of up to $25 per month.

8. The defendant shall register, as required in the jurisdiction in which he resides, as a drug

offender.

9. The defendant shall submit to the collection of DNA as directed by the probation officer.

Case 2:04-cr-00389-MCE Document 203 Filed 10/31/06 Page 4 of 6
AO 245B-CAED (Rev. 3/04) Sheet 5 - Criminal Monetary Penalties

CASE NUMBER: 2:04CR00389-02 Judgment - Page 5 of 6 

DEFENDANT: MACLOVIO ARMANDO ACOSTA

 ** 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: $ 100 $ $ 

[ ] 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 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 2:04-cr-00389-MCE Document 203 Filed 10/31/06 Page 5 of 6
AO 245B-CAED (Rev. 3/04) Sheet 6 - Schedule of Payments

CASE NUMBER: 2:04CR00389-02 Judgment - Page 6 of 6 

DEFENDANT: MACLOVIO ARMANDO ACOSTA

SCHEDULE OF PAYMENTS

 

Payment of the total fine and other criminal monetary penalties shall be 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 [U] Payment to begin immediately (may be combined with [ ] C, [ ] D, or [ ] F below); or

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 [ ] 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 [ ] 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 Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several

Amount, and corresponding payee, if appropriate: 

[ ] The defendant shall pay the cost of prosecution.

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

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

[U] 1996 GMC Yukon, VIN: 3GKEC18R9TG520014, License Number 3TJZ621*

Case 2:04-cr-00389-MCE Document 203 Filed 10/31/06 Page 6 of 6