FILED 

UNITED STATES DISTRICT COURT 

DEC WESTERN DISTRICT OF 032020 TEXAS 

DEL RIO DIVISION 

UNITED STATES OF AMERICA TERNJCTCOT 

y. Case Number: DR:20-CR-00407(1)-AM 

USM Number: 452 14-480 

(1) DEMARCOSE DEANTHONY MONTGOMERY U.S. MARSHALS W/TX 

RECEIVED 

Defendant 

DEC 03 2020 

JIJDGMENT IN A CRIMINAL CASE 

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

The defendant, (1) DEMARCOSE DEANTHONY MONTGOMERY, was represented by Jack R. Stern. 

On motion of the United States, the Court has dismissed Count(s) Two. 

The defendant pled guilty to Count One of the Indictment on July 13, 2020. Accordingly, the defendant is 

adjudged guilty of such Count, involving the following offense: 

Title & Section 

8 U.S.C. § 1324 

Nature of Offense 

Conspiracy to Transport Illegal Aliens 

Offense Ended Count 

January 21, 2020 One 

As pronounced on December 3, 2020, 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. 

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 shall notify the Court and United States Attorney 

of any material change in the defendant's economic circumstances. 

Signed this 3rd day of December, 2020. 

ALIA MOSES 

UNITED STATES DISTRICT JUDGE 

Arresting Agency: BP Del Rio 

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DEFENDANT: (1) DEMARCOSE DEANTHONY MONTGOMERY 

CASE NUMBER: DR:20-CR-00407(1)-AM 

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

term of Ten (10) months with credit for time served since January 21, 2020, pursuant to 18 U.S.C. 3584(a). 

The Court orders the defendants immediate release from custody. 

I have executed this Judgment as follows: 

Defendant delivered on at 

RETURN 

to 

with a certified copy of this Judgment 

United States Marshal 

Deputy Marshal 

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DEFENDANT: (1) DEMARCOSE DEANTHONY MONTGOMERY 

CASE NUMBER: DR:20-CR-00407(1)-AM 

SUPERVISED RELEASE 

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

While on supervised release, the defendant shall comply with the mandatory, standard and if applicable, the 

special conditions that have been adopted by this Court. 

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A0245B (Rev. TXW 11/16) Judgment in a Criminal Case. Judgment-- Page 4 of 6 

DEFENDANT: (1) DEMARCOSE DEANTHONY MONTGOMERY 

CASE NUMBER: DR:20-CR-00407( 1 )-AM 

MANDATORY CONDITIONS 

1. The defendant shall not commit another federal, state or local crime during the term of supervision. 

2. The defendant shall not unlawfully possess a controlled substance. 

3. 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 on probation or supervised release and at least two periodic drug tests thereafter (as 

determined by the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if 

the defendant's presentence report or other reliable sentencing information indicates low risk of future substance 

abuse by the defendant. 

4. The defendant shall cooperate in the collection of DNA as instructed by the probation officer, if the collection of 

such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.s.c. 

§ 14135a). 

5. If applicable, the defendant shall comply with the requirements of the Sex Offender Registration and Notification 

Act (34 U.S.C. § 20901, et. seq.) as instructed by the probation officer, the Bureau of Prisons, or any state sex 

offender registration agency in which the defendant resides, works, is a student, or was convicted of a qualifying 

offense. 

6. If convicted of a domestic violence crime as defined in 18 U.S.C. § 3561(b), the defendant shall participate in an 

approved program for domestic violence. 

7. If this judgment imposes a fine or restitution, it is a condition of supervision that the defendant pay in accordance 

with the Schedule of Payments sheet of this judgment. 

8. The defendant shall pay the assessment imposed in accordance with 18 u.s.c. § 3013. 

9. The defendant shall notify the court of any material change in defendant's economic circumstances that might affect 

the defendant's ability to pay restitution, fines, or special assessments. 

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A0245B (Rev. TXW 11/16) Judgment in a Criminal Case Judgment -- Page 5 of 6 DEFENDANT: (1) DEMARCOSE DEANTHONY MONTGOMERY 

CASE NUMBER: DR:20-CR-00407(1)-AM 

STANDARD CONDITIONS OF SUPERVISED RELEASE 

1. The defendant shall report to the probation office in the federal judicial district where he or she is authorized to reside within 72 

hours of release from imprisonment, unless the Court or probation officer instructs the defendant to report to a different 

probation office or within a different time frame. The defendant shall not leave the judiial district without permission of the 

court or probation officer. 

2. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer 

about how and when to report to the probation officer, and the defendant shall report to the probation officer as instructed. The 

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

3. The defendant shall not knowingly leave the federal judicial district where he or she is authorized to reside without first getting 

permission from the court. 

4. The defendant shall answer truthfully the questions asked by the probation officer. 

5. The defendant shall live at a place approved by the probation officer. If the defendant plans to change where he or she lives or 

anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall notify the 

probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to 

unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of becoming aware of a change or 

expected change. 

6. The defendant shall allow the probation officer to visit the defendant at any time at his or her home or elsewhere, and the 

defendant shall permit the probation officer to take any items prohibited by the conditions of the defendant's supervision that are observed in plain view. 

7. The defendant shall work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer 

excuses the defendant from doing so. If the defendant does not have full-time employment, he or she shall try to fmd full-time 

employment, unless excused from doing so. If the defendant plans to change where the defendant works or anything about his 

or her work (such as the position or job responsibilities), the defendant shall notify the probation officer at least 10 days before 

the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, the 

defendant shall notify the probation officer within 72 hours of becoming aware of a change or expected change. 

8. The defendant shall not communicate or interact with someone the defendant knows is engaged in criminal activity. If the 

defendant knows someone has been convicted of a felony, the defendant shall not knowingly communicate or interact with that 

person without first getting the permission of the Court. 

9. If the defendant is arrested or questioned by a law enforcement officer, the defendant shall notify the probation officer within 72 

hours. 

10. The defendant shall not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., 

anything that was designed, or was modified, for the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers). 

11. The defendant shall not act or make any agreement with a law enforcement agency to act as a confidential human source or 

informant without first getting the permission of the court. 

12. If the probation officer determines that the defendant poses a risk to another person (including an organization), the Court may 

require the defendant to notify the person about the risk and the defendant shall comply with that instruction. The probation 

officer may contact the person and confirm that the defendant has notified the person about the risk. 

13. The defendant shall follow the instructions of the probation officer related to the conditions of supervision. 

14. If the judgment imposes other criminal monetary penalties, it is a condition of supervision that the defendant pay such penalties 

in accordance with the Schedule of Payments sheet of the judgment. 

15. If the judgment imposes a fme, special assessment, restitution, or other criminal monetary penalties, it is the condition of 

supervision that the defendant shall provide the probation officer access to any requested financial information. 

16. If the judgment imposes a fine, special assessment, restitution, or other criminal monetary penalties, it is a condition of 

supervision that the defendant shall not incur any new credit charges or open additional lines of credit without the approval of 

the probation officer, unless the defendant is in compliance with the payment schedule. 

17. If the defendant is exluded, deported, or removed upon release on probation or supervised release. the term of supervision shall 

be a non-reporting term of probation or supervised release. The defendant shall not illegally re-enter the United States. If the 

defendant is released from confinement or not deported, or lawfully re-enters the United States during the term of probation or 

supervised release, the defendant shall immediately report in person to the nearest U.S. Probation Office, or as ordered by the 

Court. 

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A0245B (Rev. TXW 11/16) Judgment in a Criminal Case Judgment -- Page 6 of 6 

DEFENDANT: (1) DEMARCOSE DEANTHONY MONTGOMERY 

CASE NUMBER: DR:20-CR-00407(1)-AM 

CRIMINAL MONETARY PENALTIES / SCHEDULE 

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

payments set forth. Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, payment 

of criminal monetary penalties is due during the period of imprisonment. Criminal Monetary Penalties, except those 

payments made through Federal Bureau of Prisons' Inmate Financial Responsibility Program shall be paid through the 

Clerk, United States District Court, 111 E. Broadway Ste. 100, Del Rio, Texas 78840. 

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

imposed. 

Assessment Fine Restitution AVAA Assessment * 

TOTAL: $100.00 $1,000.00 $0.00 $0.00 

Special Assessment 

JVTA Assessment ** 

$0.00 

It is ordered that the defendant shall pay to the United States a special assessment of $100.00. The debt is 

incurred immediately. 

Fine 

The defendant shall pay a fine of $1,000.00. The Court finds the defendant has the present and future ability 

to pay a reduced fine. 

Schedule of Payments 

Payment shall be made at the rate of no less than $40.00 per month, due by the third day of each month beginning 

February 3, 2020. The Court imposed payment schedule shall not prevent statutorily authorized collection efforts by the 

U.S. Attorney. The defendant shall cooperate fully with the U.S. Attorney and the U.S. Probation Office to make 

payment in full as soon as possible. 

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 above. However, pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be paid before the united States is paid. 

If the fine is not paid, the court may sentence the defendant to any sentence which might have been originally imposed. See 18 u.s.c. §3614. The defendant shall pay interest on any fine or restitution of more than $2,500.00, unless the fine or restitution is paid in full before the fifteenth day after the date of the 

judgment, pursuant to 18 u.s.c. §36fl(f). All payment options may be subject to penalties for delinquency and default, pursuant to 18 uSc. §3612(g). 

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine principal, (6) fine interest, 

(7) community restitution, (8) JVTA Assessment, (9) penalties, and (10) costs, including cost of prosecution and court costs. Findings for the total amount of losses are required under Chapters 109A, 110, 11OA, and 113A of Title 18 for offenses committed on or after September 13, 1994, but 

before April23, 1996. Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299. * *Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22 

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