The opinion of the court was delivered by: Gary Allen Feess U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date.
X WITH COUNSEL John Yzurdiaga , Retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Distribute Controlled Substance, in violation of 21 U.S.C. Section 846, 841(a)(1), 841(b)(A) and Conspiracy to Launder Money in violation of 18 U.S.C. Section 1956(h), 1956(a)(1), as charged in Counts 1 and 3 of the Indictment.
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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of sixty-six (66) months, on each of Counts 1 and 3 of the Indictment, to be served concurrently.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years as to Count 1 and 3, all such terms to run concurrently under the following terms and conditions:
1) The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2) During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
3) Defendant shall not commit any violation of local, state or federal law or ordinance;
4) The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the U. S. Probation Office, located at: United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012; and,
5) The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
It is recommended that the defendant be designated to a facility located in Taft.
Defendant waived his right to appeal.
On the Government's motion, all remaining count of the underlying indictment are ordered dismissed
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, ...