Amended Judgment (original sentencing date 05-14-04)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this 05 13 2004
X WITH COUNSEL Gerald Salseda, DFPD.
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:
21 U.S.C. § 841 (a) (1), (b) (1) (A) (iii) Distribution of Cocaine Base (Crack) (Count 1);
21 U.S.C. § 841 (a) (1), (b) (1) (B) (iii) Distribution of Cocaine Base (Crack) (Count 2) as charged in 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of: One hundred twenty months. This term consists of One hundred twenty months on each of Counts 1 and 2 of the Indictment to be served concurrently. Upon release from imprisonment defendant shall be placed on supervised release for a term of five (5) years. This term consists of five (5) years on Counts 1 and 2 of the Indictment to be served concurrently 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 participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medication 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 a residential drug treatment program approved by the U. S. Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine 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;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this Judgment's orders pertaining to such payment.
Pursuant to Section 5E1.2 (e) of the Guidelines, all fines are waived as it is found that the defendant does not ...