The opinion of the court was delivered by: Stephen V. Wilson, 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. 01 12 2009
X WITH COUNSEL Reuven Cohen, DFPD
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: Possession of a Firearm in Furtherance of a Drug Trafficking Crime in violation of 18 USC 924(c) as charged in Count 3, and Felon in Possession of Firearm and Ammunition in violation of 18 USC 922(g)(1) as charged in Count 4 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: 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: NINETY (90) MONTHS
This term consists of 60 months on Count 3, and 30 months on Count 4 of the 4-Count Indictment to be served
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of three years on Counts 3 and five years on Count 4 of the 4-Count Indictment, all such terms to run concurrently 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 imprisonment 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 in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;
The defendant may not associate with anyone known to him to be a Crip, Rolling 60s Crip, Rollin Sixties Crip, Rollin Sixties, Rolling 60s (hereinafter collectively referenced as Rolling 60s) street gang member or persons associated with the Rolling 60s gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Rolling 60s gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, shoelaces, or any other clothing, which evidences affiliation with the Rolling 60s gang, and may not knowingly display any Rolling 60s signs or gestures; and,
As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Rolling 60s gang meet and/or assemble.
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
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 such sanction would place an undue burden on the defendant's dependents. Defendant is informed of his rights on appeal.
The Court recommends to the Bureau of Prisons that the defendant be designated to a facility ...