The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. April 28 2009
x WITH COUNSEL Pedro Castillo, 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 USC § 841(b)(1)(B): Possession with Intent to Distribute a Controlled Substance as charged in Count Two of the Indictment; 21 USC § 844(a): Possession of Cocaine as charged in Count Three of the Indictment; 21 USC § 841(b)(1),
(D): Possession with Intent to Distribute a Controlled Substance as charged in Count Four of the Indictment; 18 USC 924(c): Use of Firearm During Controlled Substance Offense as charged in Count Five 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due
All fines are waived as it is found that the defendant does not have the ability to pay.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Lawrence Joseph Carrillo, is hereby committed on Counts 2, 3, 4, and 5 of the Indictment to the custody of the Bureau of Prisons for a term of 200 months. This term consists of 140 months on Count 2, 12 months on Count 3, and 60 months on Count 4 of the Indictment, to be served concurrently, and 60 months on Count 5, to be served consecutively to the terms imposed on Counts 2, 3 and 4.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 8 years. This term consists of 8 years on Count 2, 1 year on Count 3, and 3 years on Count 4 and 5 years on Count 5 of the Indictment, all such terms to run 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 not commit any violation of local, state or federal law or ordinance;
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, breath, 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;
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, 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 dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall ...