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United States v. Sylvester

April 3, 2009

UNITED STATES OF AMERICA
v.
DAVID SYLVESTER SOCIAL SECURITY NO. 1 5 4 7 RONALD FRANCIS KENNEDY (TRUE NAME); DAVID ANTHONY SYLVESTER, FRANCIS XAVIER O'NEILL (LAST 4 DIGITS)



JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. 04 01 2009

W WITH COUNSEL JEFFREY AARON, DFPD, Appointed

(Name of Counsel)

W 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 W GUILTY, defendant has been convicted as charged of the offense(s) of: Assault with a

Dangerous Weapon within the Maritime or Territorial Jurisdiction of the United States in Violation of 18 U.S.C. § 113(a)(3) 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: 84 Months on Count One of the Indictment. This term of incarceration is to run consecutive to all undischarged terms of incarceration.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions listed below and shall run concurrently to the same terms and conditions as previously imposed in the judgment and commitment order in the United States District Court, Eastern District of California.

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;

On Government's motion, the underlying complaint and/or remaining count(s), ORDERED dismissed.

The Court RECOMMENDS that the defendant be placed at the Federal Medical Center (FMC) Devens in Ayers, Massachusetts, or a Bureau of Prisons facility in the Northeastern region of the United States where he can receive the needed medical treatment for his spinal condition/injury. In addition, the Court RECOMMENDS that the Defendant be placed at FMC Devens so that he can be evaluated and assessed by physicians of the state of Massachusetts or the ...


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