The opinion of the court was delivered by: R. Gary Klausner, 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. JAN 27 2009
X WITH COUNSEL Marilyn Bednarski, Panel
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 Manufacture and Distribute Methamphetamine, in violation of 21 USC 846, 841(b)(1)(A)(viii), as charged in Count 1 of the Indictment; and Possession of Firearm in Furtherance of Drug Trafficking Crime, in violation of 18 USC 924(c)(1)(A)(I), as charged in Count 7 of the Indictment
The Court asked whether there was any reason 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:
It is ordered that the defendant shall pay to the United States a special assessment of $200.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Daniel Eugene Keller, is hereby committed on Counts 1 and 7 of the Indictment. to the custody of the Bureau of Prisons to be imprisoned for a term of ONE HUNDRED FORTY-SEVEN (147) MONTHS.
This term consists of EIGHTY-SEVEN (87) MONTHS on Count 1 of the Indictment, and SIXTY (60) MONTHS on Count 7 , to be served consecutively, pursuant to 18 USC 924(c).
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of FOUR (4) YEARS. This term consists of 4 years on each of Counts 1 and 7, all such terms to run concurrently, under the following terms and
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
The defendant shall participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency/alcohol dependency/psychiatric disorder to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672. The defendant shall provide payment and proof of payment 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; and
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.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Motion to dismiss all remaining counts the indictment and underlying information is granted.
The Court recommends designation to a Bureau of Prisons facility in Southern California with a "DAP" program, and, the defendant's ...