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United States v. Davis

April 6, 2009


The opinion of the court was delivered by: Florence-marie Cooper U. S. District Judge



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

APRIL 06, 2009

X WITH COUNSEL David Robert Reed, CJA appointed counsel (Name of Counsel)

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


There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

18 USC :922(a)(1)(A): Engaging in the Business of Dealing in Firearms Without a License (Count 2 of the 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, Anthony Dion Davis, is hereby committed on count two of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 40 months. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three 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 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 an approved residential drug treatment and counseling program approved by the U. S. 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;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug 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; and

The defendant shall cooperate in the collection of a DNA sample from the defendant;

The defendant shall have no contact, directly or indirectly with the confidential informant in this case or with the confidential informant's girlfriend, or with anyone associated with the confidential informant. Any contact shall result in the immediate revocation of bail.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay a fine.

It is further ordered that the defendant surrender him/her self to the institution designated by the Bureau of Prisons on

June 8, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at: Roybal Federal Building, 255 East Temple Street, Los Angeles, Any/ all remaining counts are/or underlying indictments are dismissed on the government's motion. The bond is exonerated upon surrender.

The Court recommends: a) that the defendant participate in and complete the Bureau of Prisons' intensive 500-hour drug treatment program while incarcerated; b) that the defendant be designated to a Bureau of Prisons facility in

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 ...

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