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United States v. Boers

May 13, 2009


The opinion of the court was delivered by: Oswald Parada, U. S.Magistrate Judge



In the presence of the attorney for the government, the defendant appeared in person on this date. MAY 7, 2009


(Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO




There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

18 U.S.C. § 113(a)(5): Simple Assault

The Court asked whether there was any legal cause why judgment should not be pronounced. Because no legal cause was shown, 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 placed on probation on Count 1 of the Information for a term of one (1) year under the following terms and conditions.

Defendant shall be committed to the custody of the Bureau of Prisons and/or United States Marshal to be imprisoned for a period of sixty (60) days;

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

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

Defendant shall refrain from any unlawful use of a controlled substance and shall submit to one (1) drug test within fifteen (15) days of release from imprisonment and/or commencement of probation and at least two (2) periodic drug tests thereafter, not to exceed eight (8) tests per month, as directed by the U. S. Probation Office;

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 U. S. Probation Office. Defendant shall abstain from the use of illicit drugs and alcohol and shall not abuse prescription medications during the period of supervision;

Defendant shall reside at and participate in an approved residential dual diagnosis program for the treatment of substance abuse and mental health issues, and shall participate in such counseling and treatment as 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;

Defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the U. S. Probation Office. In ordering Defendant to take all prescribed anti-psychotic medication as directed by a medical professional, the Court has considered the medically-informed record, one that encompassed an independent and timely evaluation of Defendant by a medical professional, including attention to the type of drugs proposed, their dosage, and the expected duration of Defendant's exposure to such drugs. 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. §§ 3553(a)(2)(B), (C), and (D). Further, Defendant shall pay the costs of such treatment to the treatment provider based on her ability to pay and submit proof of payment to the U. S. Probation Office; and

If Defendant does not have a suitable residence upon her release from custody, Defendant shall reside at a residential re-entry center (RRC) for co-occurring disorders, under the community corrections component for a period not to exceed six (6) months, and shall comply with all rules and regulations of the RRC, until discharged by the program director, with the approval of the U. S. Probation Office. It is recommended that Defendant be placed at Gateways RCC.

The Court authorizes the U. S. Probation Office to disclose the Presentence Report, and/or any previous mental health evaluations or reports, to the treatment provider. The treatment provider may provide any information (excluding the Presentence Report), to State or local social service agencies (such as the State of California, Department of Social Services), for the purpose of Defendant's rehabilitation.

It is ordered that Defendant shall pay to the United States a special assessment of $10, which is due

All fines are waived as it is found that Defendant does not have the ability to pay a fine.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

Maynor Galvez

Filed Date Deputy Clerk

5/13/09 By

The defendant shall comply with the standard conditions that have been adopted by this ...

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