JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. March 9 2009
x WITH COUNSEL Robert Nadler, CJA (Name of Counsel)
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: Distribution of Cocaine Base in the Form of Crack Cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii) as charged in Count 2 of the Indictment; Proceedings to Establish Prior Convictions in violation of 21 U.S.C. § 851 as charged in Count 3 of the Information Re: Prior Conviction for Felony Drug Offenses.
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:
It is ordered that the defendant shall pay to the United States a special assessment of $100 which is due
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gerard Sprewell, is hereby committed on Count Two of the Two Count Indictment, and Count Three of the Three-Count Information Re: Prior Convictions for Felony Drug Offenses, to the custody of the Bureau of Prisons to be imprisoned for a term of 240 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of ten 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
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, 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;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug/alcohol 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; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The Court recommends that the Bureau of Prisons place the defendant in its 500 hour DAP (Drug Abuse Prevention) program and provide all necessary counseling and treatment.
The Court further recommends that defendant be considered for designation to a Bureau of Prisons facility in the ...