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United States v. Mancia

January 12, 2009

UNITED STATES OF AMERICA
v.
OSCAR MANCIA SOCIAL SECURITY NO. N O N E (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. Jan 6 2008

/ WITH COUNSEL Yolanda Barrera, Panel-Atty

(Name of Counsel)

/ 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 / GUILTY, defendant has been convicted as charged of the offense(s) of:

Use of a Communication Facility to Commit Felony Drug Offense in violation of 21 U.S.C. § 843(b) as charged in the Single-Count Information.

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, Oscar Mancia, is hereby placed on probation on Count One of the single-count Information for a term of three years 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 one drug test within 15 days of release from imprison-ment/placement of probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer.

The defendant shall participate for a period of 12 months in the Home Detention component of the Location Monitoring Program which will include GPS monitoring, and shall observe all rules of such program, as directed by the Probation Officer. The defendant is to remain at this residence each day of the week from 10:00 p.m. through 6:00 a.m., and shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment. The cost of the program is waived.

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment.

During the period of probation, the defendant shall participate for a full twelve months in the Homeboy Industries gang prevention program as directed by the Probation Officer.

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer.

The defendant may not associate with anyone known to him to be an Avenues or Drew Street gang member or persons associated with the Avenues or Drew Street gang, without the prior express authorization of the Probation Officer or the Court. Notwithstanding the foregoing, the defendant may associate with the following individuals, who are his relatives: his mother, Clara Campos; his step-father, Nozario Florez, and his uncles Sergio Diaz, William Real, and David Mancia. If any of those individuals are in penal custody during the period of probation, defendant may visit them, subject to the rules of the Warden. If they are not in custody, he may associate with them only inside their residence[s] or his residence. He may not knowingly wear, display, use or possess any Avenues or Drew street gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with this gang, and may not knowingly display any Avenues or Drew Street signs or gestures.

The defendant shall regularly make reasonable and diligent efforts to communicate with each of his five siblings to determine their progress with respect to educational needs, and compliance with the local and federal laws.

The defendant shall meet with the Honorable Judge Matz at least once every thirteen (13) weeks to discuss his progress and compliance under Probation supervision. Defendant's lawyer, the Assistant U.S. Attorney, the Probation Officer and a court reporter shall be present.

At least two weeks prior to the defendant's quarterly meetings with the Honorable Judge Matz, the defendant shall personally write and submit to the Probation Officer Court a letter documenting his progress and compliance under Probation. The letter, which shall be sent directly to his lawyer, shall also document his attempts at communicating with each siblings and the progress of each sibling.

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

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


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