The opinion of the court was delivered by: John F. Walter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person 12 15 2008
x WITH COUNSEL Larry Bakman , Apptd.
x GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO CONTENDERE NOT GUILTY
There being a finding of x GUILTY, defendant has been convicted as charged of the offense(s) of: Possession of a Controlled Substance in violation of 21 U.S.C. § 844; Aiding and Abetting in violation of 18 U.S.C. § 2(a) as charged in the Single-Count Third Superseding Information filed on September 30, 2008
The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jessica Fernandez-Pena, is hereby placed on probation on Count I of the Third Superseding Information for a term of one year under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to at least two periodic drug tests during her term of probation, not to exceed eight tests per month, as directed by the Probation Officer;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
The defendant shall perform 100 hours of community service, as directed by the Probation Officer; and
It is ordered that the defendant shall pay to the United States a special assessment of $25, which is due
The defendant shall comply with General Order No. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Defendant informed of right to appeal.
On the Government's Motion, the Court dismisses all Underlying Indictments as to this defendant only.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the ...