AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case

UNITED STATES DISTRICT COURT

Northern District of California

UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE

v. )

Emilio Escobar-Albarnga

A/K/A “Diablo”

) USDC Case Number: CR-17-00068-009 EJD

) BOP Case Number: DCAN517CR00068-009

) USM Number: 24122-111 

) Defendant’s Attorney: Bruce C. Funk (Appointed)

THE DEFENDANT:

pleaded guilty to counts: One and Three of the Second Superseding 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 offenses:

Title & Section Nature of Offense Offense Ended Count

18 U.S.C. § 1962(d) Racketeering Conspiracy 02/13/2017 One

21 U.S.C. §§ 846, 841(a)(1) 

and (b)(1)(A)(viii)

Conspiracy to Possess with Intent to Distribute 50 Grams or More 

of Methamphetamine

02/2017 Three

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): 

Count Two of the Indictment and Counts One and Three of the Superseding Indictment 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.

1/9/2020

Date of Imposition of Judgment

Signature of Judge

The Honorable Edward J. Davila

United States District Judge

Name & Title of Judge

1/16/2020

Date

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AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case

DEFENDANT: Emilio Escobar-Albarnga Judgment - Page 2 of 7

CASE NUMBER: CR-17-00068-009 EJD

IMPRISONMENT

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

60 months. This term consists of 60 months on each of Counts One and Three, both counts to be served concurrently. 

The appearance bond is hereby exonerated, or upon surrender of the defendant as noted below. Any cash bail plus interest shall be 

returned to the owner(s) listed on the Affidavit of Owner of Cash Security form on file in the Clerk's Office.

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 on (no later than 2:00 pm).

as notified by the United States Marshal.

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

at on (no later than 2:00 pm).

as 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

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AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case

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CASE NUMBER: CR-17-00068-009 EJD

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: Five (5) Years

This term consists of five (5) years on each of Counts One and Three, both terms to run concurrently. 

The court imposes a five-year term of supervised release. However, upon release from imprisonment, the defendant will likely be 

deported and will not be in the United States to be supervised. At all times, the defendant shall comply with the rules and regulations 

of the Bureau of Immigration and Customs Enforcement and, if deported, shall not reenter the United States without the express 

consent of the Secretary of the Department of Homeland Security.

If the defendant is deported, and within five year(s) of release from imprisonment returns to this country, legally or illegally, the 

defendant shall be subject to the conditions of supervised release and shall report to the nearest probation office within 72 hours of 

reentry. If the defendant for some reason is not deported and remains in this country, the defendant shall be subject to the conditions 

of supervised release and shall report to the nearest probation office within 72 hours of release from imprisonment. 

MANDATORY CONDITIONS OF SUPERVISION

1) You must not commit another federal, state or local crime.

2) You must not unlawfully possess a controlled substance.

3) You must refrain from any unlawful use of a controlled substance. You must 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. 

The above drug testing condition is suspended, based on the court's determination that you pose a low risk of 

future substance abuse. (check if applicable)

4) You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence 

of restitution. (check if applicable)

5) You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

6) You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et 

seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which 

you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

7) You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the 

attached page.

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CASE NUMBER: CR-17-00068-009 EJD

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are 

imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed 

by probation officers to keep informed, report to the court, and bring about improvements in your conduct and condition.

1) You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of 

RELEASE, unless the probation officer instructs you to report to a different probation office or within a different time frame. 

2) After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how 

and when you must report to the probation officer, and you must report to the probation officer as instructed. 

3) You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission 

from the court or the probation officer.

4) You must follow the instructions of the probation officer related to the conditions of supervision.

5) You must answer truthfully the questions asked by your probation officer.

6) You must live at a place approved by the probation officer. If you plan to change where you live or anything about your 

living arrangements (such as the people you live with, for example), you must 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, you must 

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

7) You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation 

officer to take any items prohibited by these and the special conditions of your supervision that he or she observes in plain 

view.

8) You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing 

so by the probation officer for schooling, training, community service or other acceptable activities. If you plan to change 

where you work or anything about your work (such as your position or your job responsibilities), you must 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, you must notify the probation officer within 72 hours of becoming aware of a 

change or expected change.

9) You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate, 

communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the 

probation officer.

10) If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

11) You must 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) You must 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).

If the probation officer determines that you pose a risk to a third party, the probation officer may require you to notify the 

person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm 

that you have notified the person about the risk. (check if applicable)

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this 

judgment containing these conditions. I understand that the court may (1) revoke supervision, (2) extend the term of supervision, 

and/or (3) modify the conditions of supervision upon a finding of a violation of probation or supervised release.

(Signed)

Defendant Date

U.S. Probation Officer/Designated Witness Date

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AO 245B (Rev. AO 09/19-CAN 12/19) Judgment in Criminal Case

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CASE NUMBER: CR-17-00068-009 EJD

SPECIAL CONDITIONS OF SUPERVISION

1. You must not commit another Federal, State or local crime. 

2. You must pay any special assessment that is imposed by this judgment and that remains unpaid at the 

commencement of the term of supervised release.

3. You must not participate in gang activity, must not associate with any member of MS-13 and the Santa 

Cruz Salvatrucha Locos 13 (SCSL) gang, and must not wear the clothing, colors, or insignia of MS-13 

and SCSL gang.

4. You must make an application to register as a drug offender pursuant to state law.

5. You must cooperate in the collection of DNA as directed by the probation officer.

6. You must submit your person, residence, office, vehicle, electronic devices and their data (including cell 

phones, computers, and electronic storage media), or any property under your control to a search. Such a 

search must be conducted by a United States Probation Officer or any federal, state or local law 

enforcement officer at any time with or without suspicion. Failure to submit to such a search may be 

grounds for revocation. You must warn any residents that the premises may be subject to searches.

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CASE NUMBER: CR-17-00068-009 EJD

CRIMINAL MONETARY PENALTIES

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

Assessment Fine Restitution AVAA 

Assessment*

JVTA 

Assessment**

TOTALS $ 200 Waived N/A N/A N/A

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 $ 0.00 $ 0.00

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 . 

the interest requirement is waived for the is modified as follows:

 

* 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.

*** 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.

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CASE NUMBER: CR-17-00068-009 EJD

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A Lump sum payment of _____________________ due immediately, balance due

not later than , or

in accordance with 

B Payment to begin immediately (may be combined with

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:

It is further ordered that the defendant shall pay to the United States a special assessment of $200. Payments shall 

be made to the Clerk of U.S. District Court, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102. During 

imprisonment, payment of criminal monetary penalties are due at the rate of not less than $25 per quarter and 

payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program.

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.

Case Number

Defendant and Co-Defendant Names

(including defendant number)

Total Amount Joint and Several 

Amount

Corresponding Payee,

if appropriate

The defendant shall pay the cost of prosecution.

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:

The Court gives notice that this case involves other defendants who may be held jointly and severally liable for payment of all 

or part of the restitution ordered herein and may order such payment in the future, but such future orders do not affect the 

defendant’s responsibility for the full amount of the restitution ordered.

 

 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.

D, or D, or Joint and Several C, E, and/or F below); or C, F below); or

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