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United States v. Moore

April 21, 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. APR 20 2009

X WITH COUNSEL Alan Eisner, 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: 21 USC 841(a)(1),(b)(1)(B)(iii): Possession with Intent to Distribute Cocaine Base in the Form of Crack Cocaine (Count One of the Indictment); 18 USC 922(g): Prohibited Person in Possession of a Firearm and Ammunition (Count 3 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,

Donovin Moore, is hereby committed on Counts 1 and 3 of the Indictment to the custody of the Bureau of Prisons to be 77 months. This term consists of 77 months on Count 1 and 77 months on Count 3 of the Indictment, to be served concurrently. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the following terms and conditions. This term consists of four years on Count 1 and three years on Counts 3, all such terms to run concurrently.

1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

2. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one 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;

3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes and/or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medications during the period of supervision;

4. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, todetermine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;

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

6. During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;


8. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his/her true legal name or names without the prior written approval of the Probation Officer;

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

10. The defendant may not associate with anyone known to him to be an Venice Shoreline Crips gang member or persons associated with the Venice Shoreline Crips street gang, with the exception of her family members. He may not knowingly wear, display, use or possess any Avenues gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Venice Shoreline Crips gang, and may not knowingly display any Venice Shoreline Crips signs or gestures; and

11. As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Venice Shoreline Crips gang meet and/or assemble.

Pursuant to 18 U.S.C. ยง 3553(a)(2)(D), 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 and to provide needed correctional treatment in the most effective manner. Further redisclosure of the Presentence ...

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