JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 16 2009
W WITH COUNSEL JEFFREY AARON, DFPD, Appointed
W GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of W GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to
Possess with Intent to Distribute 197.2 Grams of Actual Methamphetamine in Violation of 21 U.S.C. §§ 846 as charged in Count One of the Indictment.
The Court asked whether defendant had anything to say why judgment should not be pronounced and the defendant addressed the Court. 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:
The defendant shall pay to the United States a special assessment of $100, which is due immediately.
Pursuant to U.S.S.G. § 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.
Pursuant to the Sentencing Reform Act of 1984, and the Court having treated the guideline sentencing range, as a result of and Fanfan, as advisory, and having applied all the relevant factors of 18 U.S.C. § 3553(a), it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: 57 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four 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 not commit any violation of local, state or federal law or ordinance.
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;
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 comply with the immigration rules and regulations of the United States, and when deported or removed 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 U. S. Probation Office, located at:
United States Court House 3470 Twelfth Street Riverside, CA 92501
The defendant shall cooperate in the collection of a DNA sample from the defendant.
On Government's motion, the remaining counts, ORDERED dismissed.
The Court RECOMMENDS that the defendant be allowed to participate in a Residential Drug Abuse Program (RDAP) or ...