The opinion of the court was delivered by: Christina A. Snyder, 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 26 2009
X WITH COUNSEL Gerson Horn (Retained)
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:
21 U.S.C. §963; 952; 959: Conspiracy to Import and Distribute MDMA (Count 1)
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's term of imprisonment is reduced FORTY-TWO (42) days from the original sentence of FIFTY-SEVEN (57) MONTHS Count 1 of the Fourth Superseding Indictment.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine and such sanction would place an undue burden on the defendant's dependents.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) 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 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, using alcohol, and abusing prescription medications during the period of supervision;
The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement (BICE), 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:
---- United States Court House
312 North Spring Street, Room 600
Los Angeles, California 90012
While in the United States, the defendant shall not be employed or self-employed in the importing industry without express approval of the Probation Officer. All employment and self-employment shall be submitted to the Probation Officer for prior approval, and the defendant shall provide said officer with documentation, as required by said officer, adequate to demonstrate the valid nature of this employment.
The defendant has waived his right to appeal.
Upon the government's motion, all remaining counts/underlying indictments ...