`
`10/18/2024
`
`USDC SDNY
`DOCUMENT
`ELECTRONICALLY FILED
`DOC #:
`
`
`
`DATE FILED:
`
`
`
`
`
`Case 1:22-cr-00522-GHW Document 553 Filed 10/18/24 Page 2 of 7
`Case 1:22-cr-00522-GHW Document553_
`«=Filed 10/18/24
`Page 2of7
`
`AO 245B (Rev. 09/19) Judgmentin Criminal Case
`Sheet 2 — Imprisonment
`
`Osiris Suarez
`DEFENDANT:
`CASE NUMBER:|1:22-cr-00522-GHW-19
`
`Judgment — Page
`
`2
`
`of
`
`The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
`total term of:
`90 months.
`
`IMPRISONMENT
`
`Wi The court makes the following recommendationsto the Bureau ofPrisons:
`The Court recommendsthat the defendant be designated toafacility that offers the RDAP program close to the New
`York City area to the extent consistent with his security designation. The Court recommendsthat the defendant be
`permitted to participate in the RDAP program,if and to the extent, the Bureau of Prisons determines that the defendant
`is eligible to do so.
`
`(1 The defendantis remandedto the custody of the United States Marshal.
`
`(1 The defendantshall surrender to the United States Marshal forthis district:
`
`L]
`
`C1
`
`at
`
`Oam OO pm on
`
`as notified by the United States Marshal.
`
`( The defendant shall surrender for service of sentence at the institution designated by the Bureau ofPrisons:
`
`(1 before 2 p.m. on
`
`(1 as notified by the United States Marshal.
`
`[]
`
`as notified by the Probation or Pretrial Services Office.
`
`I have executed this judgmentas follows:
`
`RETURN
`
`Defendant delivered on
`
`to
`
`
`
`
`at
`
`, with a certified copy ofthis judgment.
`
`
`UNITED STATES MARSHAL
`
`By
`DEPUTY UNITED STATES MARSHAL
`
`
`
`Case 1:22-cr-00522-GHW Document 553 Filed 10/18/24 Page 3 of 7
`Case 1:22-cr-00522-GHW Document553_
`«~Filed 10/18/24
`Page 3of7
`
`Judgment in a Criminal Case
`AO 245B (Rev. 09/19)
`
`Sheet 3 — Supervised Release
`Judgment—Page
`3
`of
`t
`
`DEFENDANT: Osiris Suarez
`CASE NUMBER:
` 1:22-cr-00522-GHW-19
`
`SUPERVISED RELEASE
`
`Uponrelease from imprisonment, you will be on supervisedrelease for a term of:
`
`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 mustrefrain from any unlawfuluse of a controlled substance. You must submit to one drug test within 15 days of release from
`imprisonmentandat least two periodic drug tests thereafter, as determined by the court.
`(1 The above drugtesting condition is suspended, based onthe court's determination that you pose a low riskof future
`substance abuse. (checkifapplicable)
`(© You must makerestitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any otherstatute authorizing a sentence of
`restitution. (checkifapplicable)
`1 You must cooperate in the collection of DNAas directed by the probation officer. (check ifapplicable)
`(J 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. (checkifapplicable)
`(J You mustparticipate in an approved program for domestic violence.(checkifapplicable)
`
`4.
`
`5.
`
`7.
`
`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.
`
`
`
`Case 1:22-cr-00522-GHW Document 553 Filed 10/18/24 Page 4 of 7
`Case 1:22-cr-00522-GHW Document553_
`«~=Filed 10/18/24
`Page 4of7
`
`Judgmentin a Criminal Case
`AO 245B (Rev. 09/19)
`
`Sheet 3A — Supervised Release
`
`Judgment—Page
`4
`of
`/
`
`DEFENDANT: Osiris Suarez
`CASE NUMBER: 1:22-cr-00522-GHW-19
`
`STANDARD CONDITIONS OF SUPERVISION
`
`As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
`becausethey 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 improvementsin your conductandcondition.
`
`2.
`
`3.
`
`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 youto report to a different probation office or within a different time
`frame.
`Afterinitially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
`when you mustreport to the probation officer, and you mustreport to the probation officer as instructed.
`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.
`You must answertruthfully the questions asked by your probation officer.
`You mustlive at a place approved by the probation officer. If you plan to change where you live or anything about yourliving
`arrangements (suchasthe peopleyoulive with), you must notify the probation officer at least 10 days before the change. If notifying
`the probation officer in advanceis not possible due to unanticipated circumstances, you mustnotify 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 homeor 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 musttry to find full-time employment, unless the probation officer excuses |
`you from doingso. 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 probationofficerat least 10
`days in advanceis not possible due to 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 communicateorinteract with that person withoutfirst getting the permission ofthe
`probation officer.
`Ifyou are arrested or questioned by a law enforcementofficer, you must notify the probation officer within 72 hours.
`9.
`10. You must not own,possess,or have accessto a firearm, ammunition, destructive device, or dangerous weapon(i.e., anything that was
`- designed, or was modifiedfor, the specific purpose of causing bodily injury or death to another person such as nunchakusortasers).
`11. You must not act or make any agreement with a law enforcement agencyto act as a confidential human source or informant without
`first getting the permission of the court.
`12. You must follow the instructions of the probation officer related to the conditions of supervision.
`
`we
`
`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 ofProbation and Supervised
`Release Conditions, available at: www.uscourts.gov.
`
`Defendant's Signature
`
`Date
`
`
`
`Case 1:22-cr-00522-GHW Document 553 Filed 10/18/24 Page 5 of 7
`AO 245B (Rev. 09/19) Gassdia Cr-00522-GHW Document553_
`Filed 10/18/24
`Page 5of7
`Sheet 3D — Supervised Release
`
`Judgment—Page
`
`5
`
`of
`
`7
`
`DEFENDANT: Osiris Suarez
`CASE NUMBER: 1:22-cr-00522-GHW-19
`
`SPECIAL CONDITIONS OF SUPERVISION
`
`1, The defendant shall submit his person, and any property, residence, vehicle, papers, computer, other electronic
`communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation
`Officer, andif needed, with the assistance of any law enforcement. The search is to be conducted whenthereis
`reasonable suspicion concerningviolation of a condition of supervision or unlawful conduct by the person being
`supervised. Failure to submit to a search may be groundsfor revocation of release. The defendant shall warn any
`occupantsthat the premises may be subject to searches pursuantto this condition. Any search shall be conducted at a
`reasonable time and in a reasonable manner.
`
`2. The defendantshall participate in an outpatient treatment program approved by the United States Probation Office,
`which program mayincludetesting to determine whetherthe defendant has reverted to using drugs or alcohol. The
`defendant must contribute to the cost of services rendered based onhis ability to pay and the availability of third-party
`payments. The Court authorizes the release of available drug treatment evaluations and reports, including the
`presentenceinvestigation report, to the substance use disorder treatmentprovider.
`
`3. The defendant shail be supervisedin his district of residence.
`
`
`
`Case 1:22-cr-00522-GHW Document 553 Filed 10/18/24 Page 6 of 7
`
`AO 245B (Rev. 09/19) Case1:22cr-00522-GHW Document 553~—sFiled 10/18/24 Page 6of/7
`Sheet 5 — Criminal Monetary Penalties
`rr
`Judgment — Page
`6
`of
`t
`
`DEFENDANT: Osiris Suarez
`CASE NUMBER:1:22-cr-00522-GHW-19
`CRIMINAL MONETARY PENALTIES
`
`The defendant mustpaythe total criminal monetary penalties under the schedule of payments on Sheet6.
`
`TOTALS
`
`Assessment
`$ 100.00
`
`Restitution
`
`$
`
`Fine
`
`$
`
`AVAAAssessment*
`
`JVTA Assessment**
`
`$
`
`$
`
`(1 The determinationofrestitution is deferred until
`entered after such determination.
`
`. An Amended Judgment in a Criminal Case (AO 245C) will be
`
`(The defendant must makerestitution (including community restitution) to the following payees in the amountlisted below.
`Ifthe defendant makesa partial payment, each payee shall receive an approximatelypro ortionedBerens unless specified otherwise in
`i
`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.
`
`Nameof Payee
`
`Total Loss***
`
`Restitution Ordered
`
`Priority or Percentage
`
`TOTALS
`
`$
`
`0.00
`
`$
`
`0.00
`
`Restitution amount ordered pursuant to plea agreement $
`
`C]_
`
`Thedefendant mustpayinterest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
`fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the paymentoptions on Sheet 6 may be subject
`to penalties for delinquency anddefault, pursuant to 18 U.S.C. § 3612(g).
`
`[1_The court determinedthat the defendant does not havethe ability to pay interest andit is ordered that:
`
`C1
`
`C1
`
`the interest requirementis waived forthe
`
`[J
`
`fine
`
`[1]
`
`restitution.
`
`the interest requirement forthe
`
`[]
`
`fine
`
`(1 restitution is modified as follows:
`
`* Amy,Vicky, and Andy Child Pornography Victim Assistance Act of2018, Pub. L. No. 115-299.
`** Justice for Victims of Trafficking
`Act of 2015, Pub, L.
`No. 114-22.
`*** Findings for the total amountof losses are required under Chapters 109A, 110, 110A, and 113A ofTitle 18 for offenses committed on
`or after September 13, 1994, but before April 23,
`1996.
`
`
`
`Case 1:22-cr-00522-GHW Document 553 Filed 10/18/24 Page 7 of 7
`AO 245B (Rev. 09/19) ARGWPeGhaQe22-GHW Document 553
`Filed 10/18/24
`Page 7 of7
`Sheet 6 — Schedule of Payments
`
`Judgment — Page
`
`7
`
`of
`
`7
`
`DEFENDANT: Osiris Suarez
`CASE NUMBER: 1:22-cr-00522-GHW-19
`
`SCHEDULE OF PAYMENTS
`
`Havingassessed the defendant’s ability to pay, paymentofthe total criminal monetary penalties is due as follows:
`
`A
`
` W&_ Lumpsum payment of$
`
`100.00
`
`due immediately, balance due
`
`not later than
`(]
`( imaccordancewith O C,
`
`OF D,
`
`, or
`OO E,or
`
`CO F below; or
`
`Paymentto begin immediately (may be combined with
`
`LIC,
`
`F11D,or
`
`()F below); or
`
`over a period of
`(e.g., weekly, monthly, quarterly) installments of $
`Paymentin equal
`(e.g., months or years), to commence
`(e.g., 30 or 60 days) after the date of this judgment; or
`
`(1
`
`(1
`
`over a period of
`(e.g., weekly, monthly, quarterly) installments of $
`() Payment in equal
`(e.g., months or years), to commence
`(e.g., 30 or 60 days) after release from imprisonmentto a
`term of supervision; or
`
`(e.g., 30 or 60 days) after release from
`[Paymentduringthe 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
`
`[1
`
`Specialinstructions regarding the payment of criminal monetary penalties:
`
`B
`
`C
`
`D
`
`E
`
`F
`
`Unless the courthas expressly ordered otherwise,ifthisjudgment imposes imprisonment, payment ofcriminalmonetarypenalties 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 defendantshall receive credit for all payments previously made toward any criminal monetary penalties imposed.
`
`(A
`
`Joint and Several
`
`Case Number
`Defendant and Co-Defendant Names
`(including defendant number)
`
`Total Amount
`
`.
`Joint and Several
`Amount
`
`.
`CorrespondingPayee,
`if appropriate
`
`(1
`
`[]
`
`[1
`
`The defendantshall pay the cost of prosecution.
`
`The defendantshall 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 appliedin the following order: (1) assessment,@ restitution prine{pal, (3) restitution interest, (4) AVAA assessment,
`(5) fine principal, & fine interest, (7) community restitution, (8)
`JVTA assessment, (9) penalties, and (10) costs, including cost of
`prosecution and court costs.
`
`

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