JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 27 2009
W WITH COUNSEL CARLOS JUAREZ, CJA, Appointed
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: Assaulting a
Federal Officer Resulting in the Inflection of Bodily Injury in Violation of 18 U.S.C §§111(a)(1),(b) 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, it is the judgment of the Court that the defendant, RYAN MARSHAL CLARKE, is hereby committed on count two of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 96 months, to be served consecutively to the undischarged sentence imposed in United States District Court, Northern District of Iowa, Docket No. CR05-4001-002.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years, to be served concurrently to the five-year term of supervised release imposed in United States District Court, Northern District of Iowa, Docket No. CR05-4001-002, 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;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
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; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
On Government's motion, the remaining count(s), ORDERED dismissed as to defendant Ryan Marshal Clarke.
The Court RECOMMENDS that the defendant be returned to the Bureau of Prisons ...