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U.S. v. WILLHITE

United States District Court, S.D. California


September 15, 2005.

UNITED STATES OF AMERICA
v.
CHARLES ROBERT WILLHITE (02).

The opinion of the court was delivered by: THOMAS WHELAN, District Judge

SECOND AMENDED JUDGMENT IN A CRIMINAL CASE (For Revocation of Supervised Release) (For Offenses Committed On or After November 1, 1987)
REGISTRATION No. 88479198
THE DEFENDANT:
X admitted guilt to violation of allegation(s) No. three
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following allegation(s):

 Allegation Number Nature of Violation three (nv3) Unlawful use of controlled substance

  The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

  IT IS ORDERED that the defendant shall 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 shall notify the court and United States attorney of any material change in the defendant's economic circumstances. IMPRISONMENT

  The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 4 months.

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

  ? 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. ? p.m. on _______________________.
? as notified by the United States Marshal.
? The defendant shall surrender for service of sentence at 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.
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 SUPERVISED RELEASE
  Upon release from imprisonment, the defendant shall be on supervised release for a term of 2 years.

  MANDATORY CONDITIONS

  The defendant shall 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 illegally possess a controlled substance.

  For offenses committed on or after September 13, 1994:

  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.

  ? The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse.

  The defendant shall not possess a firearm, destructive device, or any other dangerous weapon.

 

If this judgment imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.
  The defendant shall comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.

  STANDARD CONDITIONS OF SUPERVISION

  1) the defendant shall not leave the judicial district without the permission of the court or probation officer;

  2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;

  3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the instructions of the probation officer;

  4) the defendant shall support his or her dependents and meet other family responsibilities;

  5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;

  6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

  7) 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;

  8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

  9) 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;

  10) 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;

  11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

  12) 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;

  13) 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. SPECIAL CONDITIONS OF SUPERVISION

  X The defendant shall not possess firearms, explosive devices, or other dangerous weapons.

  X The defendant shall submit to search of person, property, residence, abode or vehicle, at a reasonable time and in a reasonable manner, by the probation officer or other law enforcement officer.

  X The defendant shall report all vehicles owned, operated, or in which the defendant has an interest to the probation officer.

  X The defendant shall not enter the Republic of Mexico without the permission of the probation officer.

  X The defendant shall participate in a program of drug or alcohol abuse treatment, including urinalysis testing and counseling, if directed by the probation officer.

  X The defendant shall not associate with undocumented aliens or alien smugglers.

  X The defendant shall attend schooling to pursue a GED at the direction of the probation officer or maintain full time employment or a full time combination of schooling and employment.

  X The defendant shall enter and complete a residential drug treatment program as directed by the probation officer.

  X Upon release from custody, the defendant shall reside in a community corrections center (CCC) for up to 120 days, pending acceptance or placement into a residential drug treatment program, as directed by the probation officer.

20050915

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