The opinion of the court was delivered by: Gary Allen Feess 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. 02 09 2009
X WITH COUNSEL John Passanante, Retained
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 COMMIT DEPRIVATION OF RIGHTS UNDER COLOR OF LAW in violation of 18 U.S.C. Section 241, and CONSPIRACY TO POSSESS COCAINE WITH INTENT TO DISTRIBUTE in violation of 21 U.S.C Section 846 as charged in Counts 1 and 2 of the Information.
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 on counts 1 and 2 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of sixty-six (66) months on Count 1 and sixty-six (66) months on Count 2, all such terms to run concurrently.
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 dependants.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of three (3) years as to Count 1 and five (5) years as to Counts 2, all such terms to run concurrently under the following terms and conditions:
1) The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318, including, but not limited to, the condition that defendant shall not commit any violation of local, state or federal law or ordinance;
2) 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;
3) The defendant shall participate in outpatient substance abuse treatment counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision; and,
4) The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is recommended that the defendant be designated to a Southern California facility and wherein the defendant may participate in a 500-hour drug treatment program.
Defendant informed that he has waived his right to appeal.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12:00 noon on June 5, 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
Bond is exonerated upon surrender.
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, ...