AO 245B(Rev. 09/19) Judgment in a Criminal Case

UNITED STATES DISTRICT COURT

for the

District of Nebraska

UNITED STATES OF AMERICA

v.

FERNANDO AGUIRRE-QUINTERO

JUDGMENT IN A CRIMINAL CASE

Case Number: 8:23CR106-001

USM Number: 60058-510

Karen M. Shanahan

Defendant’s Attorney

THE DEFENDANT:

☒ pleaded guilty to count I of the 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

21:841(a)(1) and 21:841(b)(1) POSSESSION WITH INTENT TO 

DISTRIBUTE 500 GRAMS OR MORE COCAINE

March 1, 2023 I

The defendant is sentenced as provided in pages 2 through 8 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(s) dismissed on the motion of the United States.

IT IS 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.

September 5, 2024

Date of Imposition of Sentence:

s/ Robert F. Rossiter, Jr.

Chief United States District Judge

September 5, 2024

Date

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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

IMPRISONMENT

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

term of ninety (90) months. 

☒The Court makes the following recommendations to the Bureau of Prisons:

1. That the defendant be allowed to participate in the Residential Drug Treatment Program or any similar drug 

treatment program available.

2. That the defendant be incarcerated in a federal facility as close as possible to FCI Lompoc, or in the alternative, as 

close as possible to the State of California. 

3. Defendant should be given credit for time served.

☒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 

☐ 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 2 p.m. on 

☐ 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 was delivered on ___________________________ to ______________________________________ 

at ________________________________, with a certified copy of this judgment.

________________________________________

UNITED STATES MARSHAL

BY: ___________________________________

DEPUTY UNITED STATES MARSHAL

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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of four (4) years.

MANDATORY CONDITIONS

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 the 

location where 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.

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 about, 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 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. 

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 

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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

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.

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. For further information regarding these conditions, see Overview of 

Probation and Supervised Release Conditions, available at: www.uscourts.gov.

Defendant’s Signature Date

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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

SPECIAL CONDITIONS OF SUPERVISION

a. You must not purchase or possess, use, distribute, or administer any alcohol, just the same as any other narcotic or 

controlled substance.

b. You must submit your person, residence, office, or vehicle to a search conducted by a United States Probation 

Officer at any time; failure to submit to a search may be grounds for revocation; you must warn any other 

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

c. You must attend, pay for and successfully complete any diagnostic evaluations, treatment or counseling programs, 

or approved support groups (e.g., AA/NA) for alcohol and/or controlled substance abuse, as directed by the 

probation officer.

i. If you are unable to secure lawful employment, you may be required to perform up to 20 hours of community 

service per week until employed. You may also participate in training, counseling, daily job search, or other 

employment-related activities, as directed by the probation officer.

n. You must provide the probation officer with access to any requested financial information.

p. You must attend, successfully complete, and pay for an approved cognitive-behavioral based program, as directed 

by the probation officer.

zz. You must report to the Supervision Unit of the U.S. Probation Office for the Central District of California 

between the hours of 8:00 a.m. and 4:30 p.m., Ronald Reagan Federal Building and United States 

Courthouse, 411 West Fourth Street, Suite 4170, Santa Ana, CA 92701, within seventy-two (72) hours of 

being placed on probation or release from confinement and, thereafter, as directed by the probation officer. 

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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties in accordance with the schedule of payments set 

forth in this judgment.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**

TOTALS $100.00 

☐ The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO245C) 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:

*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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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

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 $100.00 due immediately, balance due

☐ not later than _____, or

☒ in accordance with ☐ C, ☐ D, ☐ E, or ☒ F below; or

B ☐ 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:

The criminal monetary penalty is due in full on the date of the judgment. The defendant is obligated to pay said sum 

immediately if he or she has the capacity to do so. The United States may institute civil collection proceedings at any time to 

satisfy all or any portion of the criminal monetary penalty.

Without limiting the foregoing, and following release from prison, the defendant shall make payments to satisfy the criminal 

monetary penalty in the following manner: (a) monthly installments of $100 or 5% of the defendant’s gross income, 

whichever is greater; (b) the first payment shall commence 30 days following the defendant’s discharge from incarceration, 

and continue until the criminal monetary penalty is paid in full; and (c) the defendant shall be responsible for providing proof 

of payment to the probation officer as directed.

All financial penalty payments are to be made to the Clerk of the U. S. District Court, 111 S. 18th Plaza, Suite 1152, Omaha,

NE 68102-1322.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is 

due during the period of 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

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: 

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

assessment, (5) principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including 

cost of prosecution and court costs.

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DEFENDANT: FERNANDO AGUIRRE-QUINTERO

CASE NUMBER: 8:23CR106-001

CLERK'S OFFICE USE ONLY:

ECF DOCUMENT

I hereby attest and certify this is a printed copy of a document which was electronically filed with the United States 

District Court for the District of Nebraska.

Date Filed:__________________________________

DENISE M. LUCKS, CLERK

By ______________________________________Deputy Clerk

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