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OAO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

District of

COLORADO
JUDGMENT IN A CRIMINAL CASE

Case Number:
USM Number:
Clifford J. Barnard, Appointed,
John F. Sullivan III, Appointed
Defendant’s Attorney

13-cr-00248-REB-01
39754-013

UNITED STATES OF AMERICA

V.

KARINA GASTELUM GARCIA

a/k/a Brenda Ivelisse Santiago Santiago

THE DEFENDANT:
X pleaded guilty to Count

One 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
18 U.S.C. § 1028(a)(4)

Nature of Offense
Possession of Identity Document to Defraud the United States

Offense Ended

03/25/11

Count
One

The defendant is sentenced as provided in pages 2 through

the Sentencing Reform Act of 1984.

10

of this judgment . The sentence is imposed pursuant to

The defendant has been found not guilty on Count(s)
is

Two and Three of the Indictment

X Counts

X are dismissed on the motion of the United States.

It is ordered that the defendant must 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 must notify the court and United States attorney of material changes in economic circumstances.

September 9, 2013
Date of Imposition of Judgment

s/ Robert E. Blackburn
Signature of Judge

Robert E. Blackburn, U.S. District Judge
Name and Title of Judge

September 18, 2013
Date

AO 245B

(Rev. 09/08) Judgment in Criminal Case
Sheet 2 — Imprisonment

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

Judgment — Page

2

of

10

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

Time served.



IMPRISONMENT

The court makes the following recommendations to the Bureau of Prisons:

X 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
a.m.
as notified by the United States Marshal.

p.m.

on

.

The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

before 12 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 UNITED STATES MARSHAL

AO 245B

(Rev. 06/05) Judgment in a Criminal Case
Sheet 3 — Supervised Release

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

Judgment—Page

3

of

10

Upon release from imprisonment, the defendant shall be on supervised release for a term of:

one (1) year.

SUPERVISED RELEASE

The defendant must 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 unlawfully possess a controlled substance. 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 determined by the court.
X 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, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
X The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a
student, as directed by the probation officer. (Check, if applicable.)

The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions

Schedule of Payments sheet of this judgment.

on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1)
2)
3)
4)
5)

6)
7)

8)
9)

10)

11)
12)

13)

14)

the defendant shall not leave the judicial district without the permission of the court or probation officer;
the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer;
the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
the defendant shall support his or her dependents and meet other family responsibilities;
the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other
acceptable reasons;
the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
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;
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 officer;
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;
the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
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;
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; and
the defendant shall provide access to any requested financial information.

AO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 3C — Supervised Release

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

Judgment—Page

4

of

10

SPECIAL CONDITIONS OF SUPERVISION

1.

If the defendant is deported, she shall not thereafter re-enter the United States illegally. If the defendant re-enters the
United States legally, she shall report to the nearest U.S. Probation Office within 72 hours of her return.

AO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

Judgment — Page

5

of

10

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

TOTALS

Assessment

$ 100.00

The determination of restitution is deferred until
entered after such determination.

Fine
$ 0.00
. An Amended Judgment in a Criminal Case (AO 245C) will be

Restitution

$ 0.00

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:

* 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.

AO 245B

(Rev. 09/08) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

Judgment — Page

6

of

10

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A

Lump sum payment of $

due immediately, balance due

not later than
in accordance

C,

D,

, or

E, or

F below; or

B X Payment to begin immediately (may be combined with
C

Payment in equal

C,

D, or

F below); or

(e.g., months or years), to commence

(e.g., 30 or 60 days) after the date of this judgment; or

(e.g., weekly, monthly, quarterly) installments of $

over a period of

D

E

F

Payment in equal

(e.g., months or years), to commence

(e.g., weekly, monthly, quarterly) installments of $

over a period of
(e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

Payment during the term of supervised release will commence within
imprisonment. The Court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

(e.g., 30 or 60 days) after release from

Special instructions regarding the payment of criminal monetary penalties:

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



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

AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 1) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

I

COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

STATEMENT OF REASONS

Judgment—Page

7

of

10

A

B

1

2

3

4

The Court adopts the presentence investigation report without change.

The Court adopts the presentence investigation report with the following changes.
(Check all that apply and specify Court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)
(Use page 4 if necessary.)

Chapter Two of the U.S.S.G. Manual determinations by Court (including changes to base offense level, or specific offense characteristics):

Chapter Three of the U.S.S.G. Manual determinations by Court (including changes to victim-related adjustments, role in the offense, obstruction
of justice, multiple Counts, or acceptance of responsibility):

Chapter Four of the U.S.S.G. Manual determinations by Court (including changes to criminal history category or scores, career offender, or
criminal livelihood determinations):

Additional Comments or Findings (including comments or factual findings concerning certain information in the
presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
or programming decisions):

C X

The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

II

No Count of conviction carries a mandatory minimum sentence.

COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)
A X
B
C

Mandatory minimum sentence imposed.

One or more Counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the Court has determined that the mandatory minimum
does not apply based on

findings of fact in this case

substantial assistance (18 U.S.C. § 3553(e))

the statutory safety valve (18 U.S.C. § 3553(f))

III COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):

4

I

0

Total Offense Level:
Criminal History Category:
Imprisonment Range:
Supervised Release Range:
Fine Range: $ 250
X Fine waived or below the guideline range because of inability to pay.

6
to
to $ 5,000

months
3

years

to

1

AO 245B (Rev. 09/08) Criminal Judgment

Attachment (Page 2) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

Judgment—Page

8

of

10

STATEMENT OF REASONS

IV ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)

A X The sentence is within an advisory guideline range that is not greater than 24 months, and the Court finds no reason to depart.
B

The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use page 4 if necessary.)

C

D

The Court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.
(Also complete Section V.)

The Court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)

V

DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)
A The sentence imposed departs (Check only one.):

below the advisory guideline range
above the advisory guideline range

B Departure based on (Check all that apply.):

1

2

3

Plea Agreement (Check all that apply and check reason(s) below.):

5K1.1 plea agreement based on the defendant’s substantial assistance
5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
binding plea agreement for departure accepted by the Court
plea agreement for departure, which the Court finds to be reasonable
plea agreement that states that the government will not oppose a defense departure motion.
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

5K1.1 government motion based on the defendant’s substantial assistance
5K3.1 government motion based on Early Disposition or “Fast-track” program
government motion for departure
defense motion for departure to which the government did not object
defense motion for departure to which the government objected

Other

Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):

C

Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)

Criminal History Inadequacy
4A1.3
Age
5H1.1
5H1.2
Education and Vocational Skills
5H1.3 Mental and Emotional Condition
5H1.4
5H1.5
5H1.6
5H1.11 Military Record, Charitable Service,

Physical Condition
Employment Record
Family Ties and Responsibilities

Good Works
Aggravating or Mitigating Circumstances

5K2.0

Property Damage or Loss

Physical Injury
Extreme Psychological Injury

5K2.1 Death
5K2.2
5K2.3
5K2.4 Abduction or Unlawful Restraint
5K2.5
5K2.6 Weapon or Dangerous Weapon
5K2.7 Disruption of Government Function
Extreme Conduct
5K2.8
5K2.9
Criminal Purpose
5K2.10 Victim’s Conduct

D Explain the facts justifying the departure. (Use page 4 if necessary.)

5K2.11 Lesser Harm
5K2.12 Coercion and Duress
5K2.13 Diminished Capacity
5K2.14 Public Welfare
5K2.16 Voluntary Disclosure of Offense
5K2.17 High-Capacity, Semiautomatic Weapon
5K2.18 Violent Street Gang
5K2.20 Aberrant Behavior
5K2.21 Dismissed and Uncharged Conduct
5K2.22 Age or Health of Sex Offenders
5K2.23 Discharged Terms of Imprisonment
Other guideline basis (e.g., 2B1.1 commentary)

AO 245B

(Rev. 09/08) Criminal Judgment
Attachment (Page 3) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

STATEMENT OF REASONS

Judgment—Page

9

of

10

VI COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM

(Check all that apply.)

A

The sentence imposed is (Check only one.):

below the advisory guideline range
above the advisory guideline range

B

Sentence imposed pursuant to (Check all that apply.):
1

Plea Agreement (Check all that apply and check reason(s) below.):

binding plea agreement for a sentence outside the advisory guideline system accepted by the Court
plea agreement for a sentence outside the advisory guideline system, which the Court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion to the Court to sentence outside the advisory guideline
system

2

3

Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):

government motion for a sentence outside of the advisory guideline system
defense motion for a sentence outside of the advisory guideline system to which the government did not object
defense motion for a sentence outside of the advisory guideline system to which the government objected

Other

Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (

C

Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)

the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)

to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))

to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))

to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))

to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
(18 U.S.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))

to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))

D

Explain the facts justifying a sentence outside the advisory guideline system. (Use page 4 if necessary.)

AO 245B

(Rev. 09/08) Criminal Judgment
Attachment (Page 4) — Statement of Reasons

DEFENDANT:
CASE NUMBER:

KARINA GASTELUM GARCIA
13-cr-00248-REB-01

STATEMENT OF REASONS

Judgment—Page

10

of

10

VII COURT DETERMINATIONS OF RESTITUTION

A X Restitution Not Applicable.

B Total Amount of Restitution:

C Restitution not ordered (Check only one.):

1

2

3

4

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).

For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex
issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).

For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).

Restitution is not ordered for other reasons. (Explain.)

D

Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):

VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)

Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.