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United States v. Smith

March 17, 2009

UNITED STATES OF AMERICA
v.
DELVIN SMITH SOCIAL SECURITY NO. 8318 DELVIN DESHAWN SMITH; DELVIN DESHAUN SMITH; DARNL RESHAWN SMITH; ERIC EDLBON DENMARK; DARDEL R. DOTSON; ERIC DENMARK; DELVON DENMARK; DARNELL RESHAWN SMITH; DELVIN DESHAWM SMITH; DIRT SMITH; SMITH JAY; DIRT (LAST 4 DIGITS)



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

AMENDED JUDGMENT (original sentencing date: 7/18/2006)

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

Pursuant to the Court's Order Granting Defendant's Motion for Reduction of Sentence on

03/17/2009

X WITH COUNSEL Errol Stambler, Apptd.

(Name of Counsel)

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

NOLO CONTENDERE NOT GUILTY

There being a verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Possession with Intent to Distribute Cocaine Base (Crack Cocaine) in violation of 21 USC 841(a)(1)(b)(1)(A)(iii) [ct 1]; Carrying a Firearm during and in Relation to and Possession of that Firearm in Furtherance of a Drug Trafficking Crime in violation of 18 USC 924(c)[ct 2]; and Felon In Possession of a Firearm/Ammunition in violation of 18 USC 922(g)(1)[ct 3] as charged in the Three-Count Indictment

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, Delvin Smith, is hereby committed on Counts 1, 2 and 3 of the 3-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 180 months. This term consists of 120 months on Count 1 and 120 months on Count 3, to be served concurrently, and 60 months on Count 2 to be served consecutively to the other counts.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years. This term consists of five years on Counts 1 and 2, and three years on Count 3, all such terms to run 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, 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;

During the course of supervision, 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 and 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;

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

When not employed at least part-time and/or enrolled in an educational or vocational program, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

The defendant shall not associate with any member of any criminal street gang or disruptive group as directed by the Probation Officer, specifically, any member of the 7-Tre Hustlers street gang;

The defendant shall not be present in any area known as a criminal street gang gathering of the 7-Tre Hustlers, as ...


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