Judgment and Probation/Commitment Order — United States v. Cesar Omar Hernandez-Mendiola (Document 32)

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Judgment and Probation/Commitment Order, Document 32, filed December 19, 2022 in United States of America v. Cesar Omar Hernandez-Mendiola, Docket No. 2:22-cr-00281-FLA-1, U.S. District Court, Central District of California. The order records a guilty plea and conviction on Count One of the Information, Illegal Alien Found in the United States Following Deportation in violation of 8 U.S.C. § 1326(a), (b)(1), and (b)(2). It commits the defendant to the Bureau of Prisons for a term of Eight (8) months, followed by supervised release for three (3) years, and orders a $100 special assessment with all fines waived. A condition requires a 52-week Parenting Skills Program.

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“Judgment and Probation/Commitment Order — United States v. Cesar Omar Hernandez-Mendiola (Document 32).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00281-dkt-32-c-d-cal-9450cdfe76/, SHA-256 36a580f6c58bc74a771bbf19537b8bff82560cfc8690e4977f4894d2871f1d72.

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Case 2:22-cr-00281-FLA Document 32 Filed 12/19/22 Page 1 of 6 Page ID #:174
United States District Court
CC: BOP, USM, USPO
Central District of California

UNITED STATES OF AMERICA vs. Docket No. 2:22-cr-00281-FLA-1

Defendant Cesar Omar Hernandez-Mendiola Social Security No. N O N E
Cesar Omar Hernandez-Menddiola; Omar
(Last 4 digits)
akas: Hernandez Cesar; Cesar Hernandez;

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 12 16 2022

COUNSEL David Lee Menninger, DFPD
(Name of Counsel)

PLEA ● GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
FINDING Illegal Alien Found in the United States Following Deportation in violation of 8 U.S.C. § 1326(a), (b)(1), and (b)(2) as
charged in Count One (1) of the Information.

JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/ contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
COMM that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Cesar Omar
ORDER Hernandez-Mendiola, is hereby committed on Count One (1) of the Information to the custody of the Bureau of
Prisons for a term of Eight (8) months.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and
pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is
unable to pay and is not likely to become able to pay any fine.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years
under the following terms and conditions:

1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services
Office and Second Amended General Order 20-04.

2. The defendant shall not commit any violation of local, state, or federal law or ordinance.

3. During the period of community supervision, the defendant shall pay the special assessment in accordance
with this judgment's orders pertaining to such payment.

4. The defendant shall cooperate in the collection of a DNA sample from the defendant.

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USA vs. Cesar Omar Hernandez-Mendiola Docket No.: 2:22-cr-00281-FLA-1

5. The defendant shall comply with the immigration rules and regulations of the United States, and if deported
from this country, either voluntarily or involuntarily, not reenter the United States illegally. The defendant is
not required to report to the Probation & Pretrial Services Office while residing outside the United States;
however, within 72 hours of release from any custody or any reentry to the United States during the period
of Court-ordered supervision, the defendant shall report for instructions to the United States Probation
Office located at: 300 N. Los Angeles Street, Suite 1300, Los Angeles, CA 90012-3323.

6. The defendant shall participate in a 52-week Parenting Skills Program as approved and directed by the
Probation Officer.

7. The defendant shall comply with all terms of the outstanding domestic violence restraining orders issued in
Los Angeles County Superior Court Case Nos. TA097878 and 1CS00757.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant
poses a low risk of future substance abuse.

The defendant is advised of his right to appeal.

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USA vs. Cesar Omar Hernandez-Mendiola Docket No.: 2:22-cr-00281-FLA-1

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.

December 19, 2022
Date FERNANDO L. AENLLE-ROCHA
United States District Judge

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

December 19, 2022 By Twyla Freeman
Filed Date Deputy Clerk

The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

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1. The defendant must not commit another federal, state, or local 9. The defendant must not knowingly associate with any persons
crime; engaged in criminal activity and must not knowingly associate with
2. The defendant must report to the probation office in the federal any person convicted of a felony unless granted permission to do so
judicial district of residence within 72 hours of imposition of a by the probation officer. This condition will not apply to intimate
sentence of probation or release from imprisonment, unless family members, unless the court has completed an individualized
otherwise directed by the probation officer; review and has determined that the restriction is necessary for
3. The defendant must report to the probation office as instructed by protection of the community or rehabilitation;
the court or probation officer; 10. The defendant must refrain from excessive use of alcohol and must
4. The defendant must not knowingly leave the judicial district not purchase, possess, use, distribute, or administer any narcotic or
without first receiving the permission of the court or probation other controlled substance, or any paraphernalia related to such
officer; substances, except as prescribed by a physician;
5. The defendant must answer truthfully the inquiries of the probation 11. The defendant must notify the probation officer within 72 hours of
officer, unless legitimately asserting his or her Fifth Amendment being arrested or questioned by a law enforcement officer;
right against self-incrimination as to new criminal conduct; 12. For felony cases, the defendant must not possess a firearm,
6. The defendant must reside at a location approved by the probation ammunition, destructive device, or any other dangerous weapon;
officer and must notify the probation officer at least 10 days before 13. The defendant must not act or enter into any agreement with a law
any anticipated change or within 72 hours of an unanticipated enforcement agency to act as an informant or source without the
change in residence or persons living in defendant’s residence; permission of the court;
7. The defendant must permit the probation officer to contact him or 14. The defendant must follow the instructions of the probation officer
her at any time at home or elsewhere and must permit confiscation to implement the orders of the court, afford adequate deterrence
of any contraband prohibited by law or the terms of supervision from criminal conduct, protect the public from further crimes of the
and observed in plain view by the probation officer; defendant; and provide the defendant with needed educational or
8. The defendant must work at a lawful occupation unless excused by vocational training, medical care, or other correctional treatment in
the probation officer for schooling, training, or other acceptable the most effective manner.
reasons and must notify the probation officer at least ten days
before any change in employment or within 72 hours of an
unanticipated change;

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The defendant must also comply with the following special conditions (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be
subject to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not
applicable for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check
or money order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number.
Payments must be delivered to:

United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012

or such other address as the Court may in future direct.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.

The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18
U.S.C. § 3563(a)(7).

Payments will be applied in the following order:

1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.

CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

As directed by the Probation Officer, the defendant must provide to the Probation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial
statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply
for any loan or open any line of credit without prior approval of the Probation Officer.

When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.

The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

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RETURN

I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By
Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court

By
Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

(Signed)
Defendant Date

U. S. Probation Officer/Designated Witness Date

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