AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 1 # 10671

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

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

JOSE NORIEGA CASE NUMBER: CR 09-00240-001 

USM NUMBER: 10797-003

THE DEFENDANT: Arthur Powell, III 

Defendant's Attorney

() pleaded guilty to count(s) . 

() pleaded nolo contendere to count(s) which was accepted by the court.

(x) was found guilty on count(s) 1, 2 and 5 of the Superseding Indictment 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 No.(s)

21 USC 846

21 USC 841(a)(1)

21 USC 853

Conspiracy to Possess with Intent to

Distribute Marijuana

Possession with Intent to Distribute

Marijuana

Forfeiture

 10/2009

 10/9/2009

 10/2009

 1ss

 2ss

 5ss

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.

(x) The defendant has been found not guilty on count(s) 3 of the Superseding Indictment . 

() Count(s) is/are dismissed on the motion of the United States.

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.

 May 21, 2010 

Date of Imposition of Judgment

 s/ Kristi K. DuBose

UNITED STATES DISTRICT JUDGE

 May 28, 2010

Date

Case 1:09-cr-00240-KD-B Document 254 Filed 06/02/10 Page 1 of 6
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 2 - Imprisonment

Defendant: JOSE NORIEGA

Case Number: CR 09-00240-001

IMPRISONMENT

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

imprisoned for a total term of SIXTY (60) MONTHS as to Counts 1ss and 2ss; said terms to run

concurrently .

() Special Conditions: 

(x) The court makes the following recommendations to the Bureau of Prisons: 

The Court orders that the defendant be incarcerated as close to his family in

Miami, Florida, as possible.

(x) The defendant is remanded to the custody of 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 delivered on to at 

with a certified copy of this judgment.

 UNITED STATES MARSHAL 

 By 

 

 Deputy U.S. Marshal

Case 1:09-cr-00240-KD-B Document 254 Filed 06/02/10 Page 2 of 6
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release

Defendant: JOSE NORIEGA

Case Number: CR 09-00240-001

SUPERVISED RELEASE

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

YEARS, as to Counts 1ss and 2ss; said terms to run concurrently .

(x) Special Conditions: immediately after incarceration, the defendant is to be delivered to a

duly-authorized Immigration official for possible deportation. If deported, the defendant is to

remain outside of the United States, pursuant to 18 U.S.C. Section 3583(d). If not deported, within

72 hours of release from custody of the Bureau of Prisons, the defendant shall report in person to

the Probation Office in the district to which he is released, and abide by their instructions. No fine

was imposed, as the defendant is unable to pay. 

For offenses committed on or after September 13, 1994: 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 from imprisonment and at least two periodic drug tests

thereafter, as directed by the probation officer.

() 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)

(x) The defendant shall not possess a firearm, destructive device, or any other dangerous

weapon.

If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release

that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term

of supervised release in accordance with the Schedule of Payments set forth in the Criminal Monetary

Penalties sheet of this judgment. The defendant shall 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 illegally possess a controlled substance.

The defendant shall comply with the standard conditions that have been adopted by this court

(Probation Form 7a). 

The defendant shall also comply with the additional conditions on the attached page (if

applicable).

See Page 4 for the

 "STANDARD CONDITIONS OF SUPERVISION"

Case 1:09-cr-00240-KD-B Document 254 Filed 06/02/10 Page 3 of 6
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 3 - Supervised Release

Defendant: JOSE NORIEGA

Case Number: CR 09-00240-001

SUPERVISED RELEASE

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without the 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 the instructions of the 

probation officer;

4) the defendant shall support his or her dependents 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 at least ten days prior to any change in residence or 

employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or 

administer any controlled substance or any paraphernalia related to any controlled substances, except as

prescribed by a physician;

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 of 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;

14) the defendant shall cooperate, as directed by the probation officer, in the collection of DNA, if applicable, 

under the provisions of 18 U.S.C. §§ 3563(a)(9) and 3583(d) for those defendants convicted of qualifying

offenses.

Case 1:09-cr-00240-KD-B Document 254 Filed 06/02/10 Page 4 of 6
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 5, Part A - Criminal Monetary Penalties

Defendant: JOSE NORIEGA

Case Number: CR 09-00240-001

CRIMINAL MONETARY PENALTIES

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

schedule of payments set forth on Sheet 5, Part B.

Assessment Fine Restitution

Totals: $ 200.00 ** $ -0- $ -0- 

**A $100 special monetary assessment was imposed, as to each of Counts 1 and 2, for a total SMA

of $200. 

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

Case (AO 245C) will be entered after such a determination.

If the defendant makes a partial payment, each payee shall receive an approximately proportional

payment unless specified otherwise in the priority order or percentage payment column below. (or see

attached) However, pursuant to 18 U.S.C. § 3644(i), all non-federal victims must be paid in full prior

to the United States receiving payment.

() The defendant shall make restitution (including community restitution) to the following payees

in the amounts listed below.

Name(s) and *Total Amount of Priority Order

Address(es) of Payee(s) Amount of Loss Restitution Ordered or % of Payment

TOTALS: $ $ 

() If applicable, restitution amount ordered pursuant to plea agreement. $ 

() The defendant shall pay interest on any fine or restitution of more than $2,500, 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. § 3612(f). 

All of the payment options on Sheet 5, Part B may be subject to penalties for 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 and/or () restitution.

() The interest requirement for the () fine and/or () restitution is modified as follows:

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18,

United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.

Case 1:09-cr-00240-KD-B Document 254 Filed 06/02/10 Page 5 of 6
AO 245B (Rev. 06/05) Judgment in a Criminal Case: Sheet 5, Part B - Schedule of Payments

Defendant: JOSE NORIEGA

Case Number: CR 09-00240-001

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties shall be

due as follows:

A (x) Lump sum payment of $ 200.00 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, () E or () F below);

or

C () Payment in (e.g., equal, 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 (e.g., equal, 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 in the special instructions above, if this judgment imposes a

period of imprisonment payment of criminal monetary penalties shall be due during the period of

imprisonment. All criminal monetary penalty payments, except those payments made through the Federal

Bureau of Prisons' Inmate Financial Responsibility Program, are to be made to the clerk of court, unless

otherwise directed by the court, the probation officer, or the United States attorney.

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

imposed.

() Joint and Several: 

() The defendant shall pay the cost of prosecution.

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

(x) The defendant shall forfeit the defendant's interest in the following property to the United States:

See Final Judgment of Forfeiture (attached)

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

fine principal; (5) fine interest; (6) community restitution; (7) penalties; and (8) costs, including cost of prosecution

and court costs.

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