The opinion of the court was delivered by: Date James V. Selna U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. MAR 23 2009
WITH COUNSEL Michael Khouri, appointed
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: Possession of a Controlled Substance in violation of Title 21 U.S.C. 844 as charged in the Single Count Superseding Information.
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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
six (6) months on the Single Count Superseding Information.
It is ordered that the defendant pay to the United States a special assessment of $25, which is due
It is further ORDERED that the defendant only be release to the U.S. Probation Officer who ordered to transport the defendant to the designated residential re-entry center.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term 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;
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 reside for a period not to exceed six (6) monthsin a residential re-entry center (RRC) under the community corrections component, as directed by the Probation Officer, and shall observe the rules of that facility. Further the defendant shall not be released from the RRC until a bed is available at a residential drug treatment facility and shall only be released to the custody of the U.S. Probation Officer or residential drug treatment staff member for transportation;
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;
The defendant shall reside at and participate in an approved residential drug treatment and counseling program approved by the United States Probation Office that includes urinalysis, saliva and/or sweat patch testing for treatment of narcotic addiction or drug dependency, until discharged by the Program Director; and
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug treatment and/or 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;
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.
The Court GRANTS the government's motion to dismiss the ...