0 245B (Rev. 09/19}
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 1 of 7
`Judgment in a Criminal Case
`(form modified within District on Sept, 36, 2019)
`Sheet f
`
`UNITED STATES DISTRICT COURT
`
`Southern District of New York
`
`UNITED STATES OF AMERICA
`
`JUDGMENT IN A CRIMINAL CASE
`
`v,
`
`Roharil Cruz
`
`THE DEFENDANT:
`
`d pleaded guilty to count(s)
`
`}
`
`)
`
`)
`)
`
`Case Number: 7:21-CR-502-PMH
`
`USM Number: 72089-054
`
`
`;
`Francis O'Reilly, Esq.
`‘Defendant’sAttomey—
`
`
`1 of the Information
`
`_
`
`_] pleaded nolo contendere to count(s)
`which was accepted by the court.
`
`
`“] was found guilty on countfs)
`after a plea of notguilty.
`
`__
`
`“he defendant is adjudicated guilty of these offenses:
`
`title & Section
`
`Nature of Offense
`
`Offense Ended
`
`Count
`
`‘1 U.S.C. § 846
`
`Conspiracy to Distribute Fentanyl Analogue
`
`6/4/2021
`
`1
`
`'1 U.S.C. § 841(b)(1}(B)=(lesser-included offense)
`
`The defendant is sentenced as provided in pages 2 through
`he Sentencing Reform Act of 1984,
`
`1 The defendant has been found not guilty on count(s)
`
`¢
`
`of this judgment. The sentence is imposed pursuantto
`
`
`
`_] Count(s)}
`
`_ [_]
`
`is
`
`[_] are dismissed on the motion of the United States.
`
`It is ordered that the defendant must notify the United States attorney forthis district within 30 days of any change ofname, residence
`.,
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 1 of 7
`wailing address untilall fines, restitution,costs, and special assessments imposedbythis judgmentare fully paid. [fordered to payrestitution
`he defendant must notify the court and United States attorney of material changes in economic circumstances.
`
`7/9/2024
`Date of Imposition of Judgment
`
`Signature of Judge
`
`
`Hon. Philip M. Halpern, U.S.D.J.
`Name and Title of Fudge
`
`f/f.
`Af,
`ko oi
`
`Date
`
`

`

`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 2 of 7
`
`.O 245B (Rev. 09/19) Judgment in Criminal Case
`Sheet 2 — Imprisonment
`
`7
`of
`2
`Judgment — Page
`DEFENDANT:|Roharil Cruz
`CASE NUMBER:
` 7:21-CR-502-PMH
`
`The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a
`total term of:
`72 months. The Court imposed a separate consecutive term of imprisonment of 24 months in 15 cr 176,
`
`IMPRISONMENT
`
`| The court makes the following recommendations to the Bureau of Prisons:
`The Court recommendsto the Bureau of Prisons that the defendant participate in a Residential Drug Abuse Program
`(RDAP)and that the defendant be designated to an FCi as close as possible to the Southern District of New York, wit
`the exception of MDC,
`
`W] The defendantis remanded to the custody of the United States Marshal.
`
`[1 The defendant shall surrender to the United States Marshalfor this district:
`on
`
`[Ll am {] pm.
`
`[]
`
`at
`
`E]
`
`as notified by the United States Marshal.
`
`L] The defendant shall surrender for service of sentenceat 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.
`
`T have executed this judgment as follows:
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 2 of 7
`
`RETURN
`
`Defendant delivered on
`
`
`ee to
`
`
`
`at
`
`, with a certified copy of this judgment.
`
`
`UNITED STATES MARSHAL
`
`By
`
`
`
`DEPUTY UNITED STATES MARSHAL
`
`

`

`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 3 of 7
`
`O 245B (Rev. 09/19)
`
`Judgmentia a Criminal Case
`Sheet 3 —- Supervised Release
`_——————ee
`JEFENDANT:
` Roharil Cruz
`’ASE NUMBER:=7:21-CR-502-PMH
`SUPERVISED RELEASE
`
`Jpon release from imprisonment, you will be on supervised release for a term of:
`
`4 years
`
`MANDATORY CONDITIONS
`
`..
`»,
`i.
`
`t.
`
`3.
`3,
`
`7,
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 3 of 7
`You must not commit another federal, state or local crime.
`You must not unlawfully possess a controlled substance,
`You must refrain from any unlawful use of a controlled substance. You must 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.
`[] The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
`substance abuse. {check ifapplicable)
`(1 You must makerestitution in accordance with 18 U.S.C. §§ 3663 and 3663A orany other statute authorizing a sentence of
`restitution. (check ifapplicable)
`‘
`] You must cooperate in the collection of DNA as directed by the probation officer. (check ifapplicable)
`(] You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, ef seq.) as
`directed by the probation officer, the Bureau of Prisons, or any state sex offenderregistration agency in the location where you
`reside, work, are a student, or were convicted of a qualifying offense. (check ifapplicable)
`L] You must participate in an approved program for domestic viclence. (check ifapplicable)
`
`You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
`Jage,
`
`

`

`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 4 of 7
`
`\O 245B (Rey. 09/19)
`
`Judgmentin a Criminal Case
`Sheet 3A — Supervised Release
`
`JEFENDANT: Roharil Cruz
`CASE NUMBER: 7:21-CR-502-PMH
`
`STANDARD CONDITIONS OF SUPERVISION
`
`As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
`yecause they 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 improvements in your conduct and condition.
`
`i.
`
`Ne
`
`3.
`
`4.
`5.
`
`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 you to report to a different probation office or within a different time
`frame.
`After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
`when you must report to the probation officer, and you must report to the probation officer as instructed.
`You must not knowingly leave the federal judicial district where you are authorized to reside withoutfirst 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 your living
`arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change.If notifying
`the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
`hours of becoming aware of a change or expected change.
`You must allow the probation officer to visit you at any time at your home or 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.
`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 fulltime employment you musttry to find full-time employment, unless the probation officer excuses
`you from doing so. 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 probationofficer at least 10
`days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming
`aware of a change or expected change.
`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 communicate or interact with that person without first getting the permission of the
`probation officer.
`Ifyou are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
`.
`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 modified for, 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 agency to 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.
`
`5.
`
`7.
`
`8.
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 4 of 7
`
`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 ofthis
`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 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 5 of 7
`
`40 245B (Rev. 09/E9}
`
`Judgment in a Criminal Case
`Sheet 3B — Supervised Release
`
`DEFENDANT: Roharil Cruz
`CASE NUMBER: 7:21-CR-502-PMH
`
`Judgment—Page5 of Ff
`
`ADDITIONAL SUPERVISED RELEASE TERMS
`
`You will participate in an outpatient treatment program approved by the United States Probation Office, which program may
`include testing to determine whether you have reverted to using drugs or alcohol. You must contribute to the cost of
`services rendered based on yourability to pay and the availability of third-party payments. The Court authorizes the
`release of available drug treatment evaluations and reports, including the presentence investigation report, to the
`substance use disorder treatment provider.
`
`You must participate in an outpatient mental health treatment program approved by the United States Probation Office.
`You must continue to take any prescribed medications unless otherwise instructed by the health care provider. You must
`contribute to the cost of services rendered based on yourability to pay and the availability of third-party payments. The
`Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence
`investigation report, to the health care provider.
`
`You shali submit your 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, and if
`needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion
`concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to
`a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject
`to searches pursuantto this condition. Any search shall be conducted at a reasonable time and in a reasonable manner.
`
`It is recommended that you be supervised by the district of residence.
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 5 of 7
`
`

`

`Ay 24955 (Kev, Gly)
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 6 of 7
`JUamen 1 & Criminal ase
`Sheet 5 — Criminal Monetary Penalties
`
`Judgment — Page
`
`6
`
`of
`
`i
`
`DEFENDANT: Roharil Cruz
`CASE NUMBER: 7:21-CGR-502-PMH
`
`CRIMINAL MONETARY PENALTIES
`
`The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet6.
`
`TOTALS
`
`Assessment
`$ 100.00
`
`Restitution
`
`$
`
`Fine
`
`$
`
`AVAA Assessment*
`
`IVTA Assessment**
`
`$
`
`$
`
`[] The determination ofrestitution is deferred until
`entered after such determination.
`
`. An Amended Judgment in a Criminal Case (AO 245C) will be
`
`[1] The defendant must make restitution (including community restitution) to the following payees in the amountlisted below.
`
`Ifthe defendant makesa partial payment, each payee shall receive an approximately proportioned payment,unless specified otherwisei
`the priority order or percentage payment column below. However, pursuant to 18
`U.S.C. § 36641), all nonfederal victims must be pai
`before the United States is paid.
`
`Name of Payee
`
`Total Loss***
`
`Restitution Ordered
`
`Priority or Percentage
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 6 of 7
`
`TOTALS
`
`$
`
`;
`
`0.00
`
`$
`
`0.60
`
`[1 Restitution amount ordered pursuant to plea agreement $
`
`[i
`
`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(, 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 determinedthat the defendant does not have the ability to pay interest and it is ordered that:
`
`(5 the interest requirement is waived forthe
`
`[1 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 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,
`
`

`

`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 7 of 7
`cep ae Qa ee peepee ca ke See meie Se
`wen
`
`Sheet 6 --- Schedule of Payments
`
`DEFENDANT: Roharil Cruz
`CASE NUMBER: 7:21-CR-502-PMH
`
`Judgment — Page
`
`7
`
`of
`
`7
`
`SCHEDULE OF PAYMENTS
`
`Having assessed the defendant’s ability to pay, paymentofthe total criminal monetary penalties is due as follows:
`
`A | Lump sum payment of $
`
`100.00
`
`_..... due immediately, balance due
`
`[]
`[]
`
`notlater than
`inaccordancewith [1] C, [ D,
`
`, or
`[| E,or
`
`[] F below; or
`
`B
`
`(1 Payment to begin immediately (may be combined with
`
`(CIC,
`
`LID,or
`
`[1] F below); or
`
`over a period of
`(e.g., weekly, monthly, quarterly) installments of $
`C © Paymentin equal
`ee fe.g., months or years), to commence
`(e.g. 30 or 60 days) after the date of this judgment; or
`
`D
`
`CC]
`
`
`(e.g. weekly, monthly, quarterly) installments of $ over a period of
`Payment in equal
`fe.g., months or pears), to commence
`(2.g., 30 or 60 days) after release from imprisonment to a
`term of supervision; or
`
`E
`
`F
`
`{]
`
`fe.2., 30 or 60 days) after release from
`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
`
`(Special instructions regarding the payment of criminal monetary penalties:
`
`Unless the courthas expressly ordered otherwise,ifthisjudgment imposes imprisonment, paymentofcriminal monetary penalties is dueduring
`the period of imprisonment. All criminal monetary penalties, except these 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.
`
`Case 7:21-cr-00502-PMH Document 133 Filed 07/10/24 Page 7 of 7
`Joint and Several
`
`C1]
`
`Case Number
`Defendant and Co-Defendant Names
`(including defendant number)
`
`Total Amount
`
`.
`Joint and Several
`Amount
`
`.
`Corresponding Payee,
`if appropriate
`
`(]_
`
`oC
`
`{]
`
`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) AVAAassessment,
`(5) fine principal, (6)
`fine interest, (7) community restitution, (8) VTA assessment, (9) penalties, and (10) costs, including cost of
`prosecution and court costs.
`
`