The opinion of the court was delivered by: Stephen V. Wilson, United States District Judge
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. 01 26 2009
X WITH COUNSEL Matthew Lombard
X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Possession with intent to distribute marijuana pursuant to 21 U.S.C. §841(a)(1), (b)(1)(C) as charged in Count 2 of the Indictment and use or carrying of firearm during drug trafficking crime pursuant to 18 U.S.C. §924(c) as charged in Count 8 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:
It is the Judgment of the Court that the defendant, Oscar Manual Lopez, is hereby committed on Count Two (2) and Eight (8) of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of SEVENTY-FIVE (75) MONTHS. This term consists of Fifteen (15) Months on Count Two (2) and Sixty (60) Months on Count Eight (8), to be served consecutively to each other.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of three
(3) years on each of Counts Two (2) and Eight (8) of the Indictment, 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 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 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 United States Probation Office, located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and 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 defendant does not have the ability to pay.
The Court recommends to the Bureau of Prisons that defendant be housed at the FCI Texas Three Rivers facility.
All remaining counts are 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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the ...