United States District Court - Justice

1 USDC FLSD 2458 (Rev. 09/08) - ludgment in a Criminal Case Page l Qf 6 Date of Original Judgment: JULY 30, 2010(Or Date of Last Amended Judgment)Reason for Amendment:EZI correction of Sentence on Remand (l8 3742(9(1) and (2))EZI Reduction of Sentence for Changed Circumstances (Fed. R. 35(b))IZI correction of Sentence by Sentencing Court (Fed. R. Crim. P. 35(a))Z correction of Sentence for Mistake (Fed, R, Crim. P. 36)Z Moditication of Supervision Conditions (18 jj 3563(c) or 3583(e))C) Modification of lmposed Term of lmprisonment for Extraordinary andCompelling Reasons (18 j 3582(c)(1))EEI Moditkation of lmposed Term of Imprisonment for Retroactiveto the Sentencing Guidelines (18 , j 3582(c)(2))IZI Direct Motion to District Court (Zl 28 j 2255 or(Z1 18 j 3559(4(7)(Zl Moditkation of Restitution Order (18 j 3664)'B##tlovernment's Rule 35 M otionU nited States D istrict C ourtSouthern D istrict of FloridaM IAMI DIVISIONUNITED States OF AM DIAZAMENDEDJUDGM ENT IN A CRIM G AL CASECase Num ber - 1:09-20346-CR-M ARTINEZ-1 USM Number: 82388-004 Counsel For Defendant: Allen KatzCounsel For The United States : James KoukiosCourt Reporter.))))

2 Dawn WhitmarshThe defendant pleaded guilty to Cotmtts) 1 of the defendant is adjudicated guilty of the following offensets):TITLE/SECTIONNUM BER18 j 37lNATURE OFOFFENSE conspiracy to violate theForeign Com lpt PracticesAct and to commit moneylaunderingOFFENSE ENDED2003 COUNTOneThe defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to theSentencing Reform Act of is ordered that the defendant must notify the United States attonzey 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 ordered to pay restitution, the defendant must notify the Court and United States attorney of any material changes in lmposition of Sentence:M a 21, 2012 JOSE.

3 MARTINEZU nite tates District JudgeM ay , 2012 Case 1:09-cr-20346-JEM Document 56 Entered on FLSD Docket 05/23/2012 Page 1 of 6 USDC FLSD 2458 (Rev. 09/08) - Judgment in a. Criminal Case Page 2 of 6 DEFENDANT: JUAN DIAZCASE NUMBER: 1 ARTlNEZ-1IM PRISONM ENTThe defendant is hereby committed to the custody of the United States Btlreau of Prisons to be imprisoned for a totaltenn of 20 Court makes the following recommendations to the Bureau of Prisons:This defendant shall be designated to a facility as close to South Florida as possible, consistent with defendantsbackground and the offense in which the defendant is convicted Court also recommends that the defendant be screened for substance abuse problems and be referred to participatein an appropriate drug education/treatment program as deemed appropriate by the Bureau of Prisons.

4 This may includeplacement in the Residential Drug Abuse Treatment Progrnm ( 500-hotlr drug treatment program) at a 6designatedBureau of Prisons have executed thisjudgment as follows:Defendant delivered on toat , with a certified copy of this judgment, United States M ARSHALBy:Deputy M arshalCase 1:09-cr-20346-JEM Document 56 Entered on FLSD Docket 05/23/2012 Page 2 of 6 USDC FLSD 2458 (Rev. 09/08) - Judgment in a. Criminal Case Page 3 of 6 DEFENDANT: JUAN DIAZCASE NUM BER: 1:09-20346-CR-M ART1 NEZ-1 SUPERVISED RELEASEUpon release from imprisonment the defendant shall be on supervised release for a term of 3 defendant must report to the probation oftice in the District to which the defendant is released within 72 hours of release fromthe custody of the Bureau of defendant shall not commit another federal, state or local defendant shall not unlawfully possess a controlled substance.

5 The defendant shall refrain from any unlawful use of acontrolled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least twoperiodic drug tests thereaAer, as detennined by the defendant shall not posses: a firearm, ammunition, destructive device, or any other dangerous defendant shall cooperate in the collection of DNA as directed by the probation imposes a fine or a restitution, it is a condition of supervised release thatthe defendantpay in accordancewith the Schedule of Payments sheet of defendant must comply with the standard conditions that have been adopted by this Court as well as any additionalconditions on the attached CONDITIONS OF SUPERVISIONThe defendant shall not leave the judicial District without the permission of the Court or probation officer.

6 The defendant shall report to the probation ofticer and shall submit a tnlthful and complete written report within the tirst five days of eachmonth;The defendant shall answer truthfully a11 inquiries by the probation officer and follow the instnzctions of the probation officer;The defendant shall support his or her dependents and meet other family responsibilities;The defendant shall workregularly atalawful occupation, tmless excusedbythe probation officer for schooling, training, orother acceptablereasons;The defendant shall notify the probation officer at Ieast ten (10) days prior to any change in residence or employment;The defendant shall refrain from the excessive use of alcohol and shall not plzrchase, possess, use, distribute, or administer any controlledsubstance or any paraphemalia related to any controlled substances, except as prescribed by a physician;The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;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 oftker;The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pennit confiscation of anycontraband observed in plain view by the probation oftker.

7 The defendant shall notify the probation oftkerwithin seventptwo (72) hours of being arrested or questionedby a lawenforcement oftker;The defendant shall not enter into any agreement to act as an informer or a special agent of a 1aw enforcement agency without the permissionof the Court ; andAs directedbythe probation ofticer, the defendant shall notify thirdparties of risks thatmaybe occasionedbythe defendant's criminal recordor personal history or characteristics and shall permit the probation ofticer to make such notifications and to confirm the defendant'scompliance with such notification 1:09-cr-20346-JEM Document 56 Entered on FLSD Docket 05/23/2012 Page 3 of 6 USDC FLSD 2458 (Rev. 09/08) - Judgment in a. Criminal Case Page 4 of 6 DEFENDANT: JUAN DIAZCASE NUMBER: CONDITIONS OF SUPERVISIONThe defendant shall also comply with the following additional conditions of supervised release.

8 Financial Disclosure Requirement - The defendant shall provide complete access to tinancial information, including disclosureof al1 business and personal finances, to the Probation New Debt Restriction - The defendant shall not apply for, solicit or inclzr any further debt, included but not limited to loans,lines of credit or credit card charges, either as a principal or cosigner, as an individual or through any comorate entity, withoutfirst obtaining permission from the United States Probation Abuse Treatment - The defendant shall participate in an approved treatment program for drug and/or alcohol abuseand abide by all supplemental conditions of treatment. Participation may include inpatient/outpatient treatment. The defendantwill contribute to the costs of services rendered (co-payment) based on ability to pay or availability of third party 1:09-cr-20346-JEM Document 56 Entered on FLSD Docket 05/23/2012 Page 4 of 6 USDC FLSD 2458 (Rev.)

9 09/08) - Judgment in a. Criminql Cast Pag: 5 of 6 DEFENDANT: JUAN DIAZCASE N UM BER: l:09-20346-CR-M ARTlNEZ-1 CRIM INAL M ONETARY PENALTIESThe defendant must pay the total criminal monetary penalties under the schedule of payments on the Schedule ofPayments Assessment Total Fine Total Restitution$100 $ $73, with lmprisonment -lt is further ordered that the defendant shall pay restitution in the amount of $73, During the period of incarceration,payment shall be made as follows: (1) if the defendant earns wages in a Federal Prison Industries IUNICORI job, then thedefendant must pay 50% of wages earned toward the fmancial obligations imposed by this Judgment in a Criminal Case; (2) ifthe defendant does not work in a UNlCORjob, then the defendant must pay $ per quarter toward the financial obligationsimposed in this release of incarceration, the defendant shall pay restitution at the rate of 10% of monthly gross earnings, until such time asthe Court may alter that payment schedule in the interests ofjustice.

10 The , Bureau of Prisons, U,S. Probation Oftke and 's Office shall monitor the payment of restitution and report to the Court any material change in the defendant's abilityto pay. These payments do not preclude the government from using any other anticipated or unexpected financial gains, assetsor income of the defendant to satisfy the restitution obligations. The restitution shall be made payable to Clerk, United StatesCourts, and forwarded CLERK'S OFFICEATTN: FINANCIAL SECTION400 N. M IAMI AVENUE, RM 8N09M IAMI, FL 33128 The restitution will be forwarded by the Clerk of the Court to the victim on the attached defendant must make restitution (including community restitution) to the following payees in the amotmt listed the defendant makes a partial payment each payee shall receive an approximately proportioned payment, tmlessspecified otherwise in the priority order or percentage payment column below.