The opinion of the court was delivered by: Oswald Parada, U. S. Magistrate Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 3 18 2009
X WITH COUNSEL Young J. Kim, DFPD (admitted pursuant to L.R. 83-2.4.1)
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:
18 U.S.C. 1701: OBSTRUCTION OF MAILS GENERALLY
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Christopher West, is hereby placed on probation on the Single-Count Information for a period of one (1) year 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 and General Order No. 01-05;
The defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment during the period of community supervision;
The defendant shall perform 80 hours of community service as directed by the U.S. Probation Office. However, if defendant is employed full-time, the hours of community service shall be reduced to 40 hours;
The defendant shall pay to the United States a special assessment of $10.00, which is due
Pursuant to 18 U.S.C. 3663A, defendant shall pay restitution in the total amount of $1533. The defendant shall make monthly payments in the amount of $150 commencing April 10, 2009. Restitution shall be paid to the victims as set forth in the Government's Sentencing Position filed under seal on March 16, 2009.
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.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse;
The defendant shall report to the U.S. Probation Office in San Bernardino no later than March 20, 2009
Defendant is informed of his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to substances, except as prescribed by a
10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;
11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;
12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned ...