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United States v. De La Cruz

April 30, 2009

UNITED STATES OF AMERICA
v.
JACKIE DE LA CRUZ SOCIAL SECURITY NO. 4 4 0 0 DELACRUZ, JACKIE MARIE DELACRUZ, JACQUELINE DELACRUZ, JACQUELINE MARIE (LAST 4 DIGITS) "PELONA"



JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. April 27 2009

/ WITH COUNSEL David Bortman, Panel-Atty

(Name of Counsel)

/ 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 / GUILTY, defendant has been convicted as charged of the offense(s) of:

Racketeer Influenced and Corrupt Organizations Conspiracy in violation of 18 U.S.C. § 1962(d) as charged in Count Two 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:

Ten (10) months, to run concurrently with any undischarged term of imprisonment in Los Angeles County Superior Court, Case No. BA335235. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years under the following terms

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, 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;

The defendant shall reside at and participate in an approved residential drug treatment and counseling program, one that includes mental treatment, 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;

If the U.S. Probation Office is not able to place defendant in an approved residential drug treatment and counseling program immediately upon her release from custody, the defendant shall reside at a residential re-entry center (RRC), under the community corrections component, for a period not to exceed six months, and shall comply with all rules and regulations of the RRC, until discharged by the program director, with the approval of the Probation Officer;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the Probation Officer's approval. The Probation Officer shall disclose the presentence report and any mental health evaluations to the treatment provider. In ordering the defendant to take all prescribed antipsychotic medication as directed by a medical professional, the Court has considered the medically informed record and defendant's waiver of any and all rights she may have to an independent evaluation by a medical professional. The Court has also considered defendant's stipulation to the need for such treatment and medication, as directed by a medical professional. The Court finds that this order involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in 18 U.S.C. §§ 3533(a)(2)(B), (C), and (D);

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

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

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

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

The defendant may not associate with anyone known to her to be an Avenues/Drew Street gang member or persons associated with the Avenues/Drew Street gang, with the exception of her family members. She 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 Avenues/Drew Street gang, and may not knowingly display any Avenues/Drew Street signs or gestures; and

As directed by the Probation Officer, the defendant shall not be present in any area known to her to be a location where members of the Avenues/Drew Street gang meet and/or assemble.

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment;

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 in order to provide correctional treatment in the most effective manner. Further redisclosure of the Presentence ...


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