IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America

v.

Constantino Salmon Varela

JUDGMENT IN A CRIMINAL CASE

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

No. CR-17-01659-001-TUC-JAS (EJM)

Mark Edward Evans (CJA)

Attorney for Defendant

USM#: 04025-008

THE DEFENDANT ENTERED A PLEA OF guilty on 8/1/2018 to Counts 1, 2, 3 of the Indictment.

ACCORDINGLY, THE COURT HAS ADJUDICATED THAT THE DEFENDANT IS GUILTY 

OF THE FOLLOWING OFFENSE(S): violating 18 U.S.C. § 922, 18 U.S.C. § 924(a)(2), Possession 

of Firearms by a Convicted Felon, a Class C Felony offense, as charged in Count 1 of the Indictment; 

26 U.S.C. § 5861(d), 26 U.S.C. § 5871 and 26 U.S.C. § 5841, Unlawful Possession of Unregistered 

Destructive Device, a Class C Felony offense, as charged in Count 2 of the Indictment; 26 U.S.C. § 

5861(d), 26 U.S.C. § 5871 and 26 U.S.C. § 5841, Unlawful Possession of Unregistered Destructive 

Device, a Class C Felony offense, as charged in Count 3 of the Indictment.

IT IS THE JUDGMENT OF THIS COURT THAT the defendant is committed to the custody of the 

Bureau of Prisons for a term of SEVENTY-TWO (72) MONTHS, which consists of SEVENTYTWO (72) MONTHS on Count 1 and SEVENTY-TWO (72) MONTHS on Count 2 and SEVENTYTWO (72) MONTHS on Count 3, said counts to run concurrently, with credit for time served. Upon 

release from imprisonment, the defendant shall be placed on supervised release for a term of THREE 

(3) YEARS, which consists of THREE (3) YEARS on Count 1 and THREE (3) YEARS on Count 2 

and THREE (3) YEARS on Count 3, said counts to run concurrently.

IT IS FURTHER ORDERED that defendant's interest in the following property shall be forfeited to 

the United States: Firearms and ammunition (as listed on the Final Order of Forfeiture). 

CRIMINAL MONETARY PENALTIES

The defendant shall pay to the Clerk the following total criminal monetary penalties:

SPECIAL ASSESSMENT: $300.00 FINE: WAIVED RESTITUTION: N/A

The defendant shall pay a special assessment of $300.00 which shall be due immediately.

The Court finds the defendant does not have the ability to pay a fine and orders the fine waived.

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If incarcerated, payment of criminal monetary penalties are due during imprisonment at a rate of not less than $25 per quarter 

and payment shall be made through the Bureau of Prisons' Inmate Financial Responsibility Program. Criminal monetary 

payments shall be made to the Clerk of U.S. District Court, Attention: Finance, Suite 130, 401 West Washington Street, SPC 1,

Phoenix, Arizona 85003-2118. Payments should be credited to the various monetary penalties imposed by the Court in the 

priority established under 18 U.S.C. § 3612(c). The total special assessment of $300.00 shall be paid pursuant to Title 18, 

United States Code, Section 3013 for Counts 1, 2, 3 of the Indictment.

Any unpaid balance shall become a condition of supervision and shall be paid within 90 days prior to the expiration of 

supervision. Until all restitutions, fines, special assessments and costs are fully paid, the defendant shall immediately notify the 

Clerk, U.S. District Court, of any change in name and address. The Court hereby waives the imposition of interest and penalties 

on any unpaid balances.

SUPERVISED RELEASE

It is ordered that while on supervised release, the defendant must comply with the mandatory and 

standard conditions of supervision as adopted by this court, in General Order 17-18, which incorporates 

the requirements of USSG §§ 5B1.3 and 5D1.2. Of particular importance, the defendant must not 

commit another federal, state, or local crime during the term of supervision. Within 72 hours of 

sentencing or release from the custody of the Bureau of Prisons the defendant must report in person to 

the Probation Office in the district to which the defendant is released. The defendant must comply with 

the following conditions:

MANDATORY CONDITIONS

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

2) You must not unlawfully possess a controlled substance. The use or possession of marijuana, 

even with a physician's certification, is not permitted.

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

marijuana, even with a physician's certification, is not permitted. Unless suspended by the Court, 

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.

STANDARD CONDITIONS

1) You must report to the probation office in the federal judicial district where you are authorized 

to reside within 72 hours of sentencing or your release from imprisonment, 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 answer truthfully the questions asked by your probation officer.

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5) 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), 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.

6) 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 the conditions of your 

supervision that he or she observes in plain view.

7) You must work full time (at least 30 hours per week) at a lawful type of employment, unless the 

probation officer excuses you from doing so. If you do not have full-time employment you must 

try to find full-time employment, unless the probation officer excuses you from doing so. 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.

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

If you know someone has been convicted of a felony, you must not knowingly communicate or 

interact with that person without first getting the permission of the probation officer.

9) If you are arrested or questioned by a law enforcement officer, you must notify the probation 

officer within 72 hours.

10) 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).

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) If the probation officer determines that you pose a risk to another person (including an 

organization), 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.

13) You must follow the instructions of the probation officer related to the conditions of 

supervision.

SPECIAL CONDITIONS

The following special conditions are in addition to the conditions of supervised release or supersede 

any related standard condition:

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1) You must participate as instructed by the probation officer in a program of substance abuse 

treatment (outpatient and/or inpatient) which may include testing for substance abuse. You must 

contribute to the cost of treatment in an amount to be determined by the probation officer.

2) You must submit your person, property, house, residence, vehicle, papers, or office to a search 

conducted by a probation officer. Failure to submit to a search may be grounds for revocation of 

release. You must warn any other occupants that the premises may be subject to searches 

pursuant to this condition.

3) You must participate in a mental health assessment and participate in mental health treatment as 

determined to be necessary by a medical or mental health professional and follow any treatment 

directions by the treatment provider. You must take medicine as prescribed by a medical 

professional providing mental health treatment, unless you object, in which event you must 

immediately notify the probation officer. You must contribute to the cost of treatment in an 

amount to be determined by the probation officer.

4) You must not contact the following victim(s), M.E., and the probation officer will verify 

compliance.

5) You must not use or possess alcohol or alcoholic beverages.

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

THE DEFENDANT IS ADVISED OF DEFENDANT'S RIGHT TO APPEAL BY FILING A 

NOTICE OF APPEAL IN WRITING WITHIN 14 DAYS OF ENTRY OF JUDGMENT.

The Court may change the conditions of probation or supervised release or extend the term of 

supervision, if less than the authorized maximum, at any time during the period of probation or 

supervised release. The Court may issue a warrant and revoke the original or any subsequent sentence 

for a violation occurring during the period of probation or supervised release.

The Court orders commitment to the custody of the Bureau of Prisons and recommends that the 

defendant be placed in an institution in or near az.

Date of Imposition of Sentence: Wednesday, May 22, 2019

Dated this 22nd day of May, 2019.

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RETURN

I have executed this Judgment as follows:

defendant delivered on to at

, the institution

designated by the Bureau of Prisons with a certified copy of this judgment in a Criminal case.

United States Marshal By: Deputy Marshal

CR-17-01659-001-TUC-JAS (EJM)- Varela 5/22/2019 - 3:00 PM

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