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United States v. Carter

January 5, 2009

UNITED STATES OF AMERICA
v.
JOSEPH CARTER SOCIAL SECURITY NO. 8211 PHILLIP PATE, JOSEPH CARTER, JR., JOE DWAYNE CARTER, CHRIS CARTER, JAKE PAKE, JAMES PATE, JAMES J. HILL, KRISTEN CARTER, DEWAYNE CARTER (LAST 4 DIGITS)



JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 12 29 08

X WITH COUNSEL DFPD, John Littrell

(Name of Counsel)

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: ILLEGAL USE OF COMMUNICATION FACILITY in violation of 21 USC § 843(b).

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, 18 U.S.C. §3553(a) factors, and the Plea Agreement it is the judgment of the Court that the defendant, Joseph Carter, is hereby committed on the single-count information to the custody of the Bureau of Prisons to be imprisoned for a term of eighteen (18) months:

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

All fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.

Upon release from imprisonment, the defendant shall be placed on supervised release 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;

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 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, not to exceed eight tests per month, as directed by the Probation Officer;

Defendant shall be gainfully employed or enrolled in an educational or vocational program;

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 3:00 p.m., March 9, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at:

Roybal Federal Building 255 East Temple Street Los Angeles, California 90012

The bond shall be exonerated at the time of self-surrender.

The Court recommends the defendant be designated to a facility located in Southern California due to family ties.

The Court also recommends that the Bureau of Prisons consider placing defendant in a ...


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