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United States v. Tubbs

March 5, 2009

UNITED STATES OF AMERICA
v.
2. DARLENE IRENE TUBBS SOCIAL SECURITY NO. 3224 (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person

March 5, 2009

x WITH COUNSEL 2. Errol Stambler, CJA (Name of Counsel)

x GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding of x GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 U.S.C. § 371 [ct 1] and Passing Counterfeit Currency of the United States with Intent to Defraud in violation of 18 U.S.C. § 472 [ct 2] as charged in the Five-Count Indictment filed on August 8, 2008

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, Darlene Irene Tubbs, is hereby placed on probation on counts one and two of the indictment for a term of three years. This term consists of three years on each of counts one and two, to be served 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;

During the course of probation, 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 to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

The defendant shall reside at the Pasadena Sober Living Place, 2661 Nina Street, Pasadena, California, or a similar sober living facility, for a period not less than six months. The defendant shall comply with all rules and regulations of the facility and shall attend counseling and other treatment programs as directed by the sober living facility's program director. The defendant shall remain at the sober living facility until discharged by the program director, with the approval of the Probation Officer. While residing at the sober living facility, the defendant shall participate for a period of four months in a Location Monitoring program, which shall include GPS. The defendant shall observe all rules of the location Monitoring program, as directed by the Probation Officer. The cost of the Location Monitoring program is waived;

The defendant shall perform 400 hours of community service at the Impact House.

During the period of probation the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

The defendant shall apply monies received from income tax refunds greater than $500, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $1,595 pursuant ...


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