JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. May 19 2009
/ WITH COUNSEL Jennifer Uyeda, DFPD
/ GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of / GUILTY, defendant has been convicted as charged of the offense(s) of:
Possession with Intent to Distribute a Controlled Substance in violation of 21 U.S.C § 841(a)(1), (b)(1) , as charged in Count 1 of the 4-Count 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, 18 U.S.C. §3553(a) factors, and the Plea Agreement, it is the judgment of the Court that the defendant is hereby committed on the single-count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of:
Defendant is placed on probation for a term of twenty-four (24) months under the following terms and
The defendant shall reside for a period of six (6) months in a residential re-entry center facility, as directed by the Probation Officer, and shall observe the rules of the facility. Said term of residence shall commence no later than three months from the date of this order. If additional time is needed to secure a facility, then the surrender date may be extended by stipulation.
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, but not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall participate in a mental health evaluation, which may include counseling and treatment if determined necessary by the treatment provider, until discharged by the treatment provider, with the approval of the Probation Officer;
The Court authorizes the Probation Office to disclose the Presentence Report to the mental health treatment provider to facilitate the defendant's treatment. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge.
As directed by the Probation Officer, the defendant shall pay all or part of the costs of the defendant's mental health evaluation and treatment 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, or the Probation Officer;
The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately to the Clerk of the Court.
All fines are waived as it is found that the defendant does not have the ability to pay a fine.
The court recommends that the Probation Office conduct a mental health evaluation of the defendant and provide all necessary treatment.
On Government's motion, counts 2 and 4 are dismissed, as to this defendant only.
To the extent defendant retained any rights to appeal, defendant is advised to file a notice of appeal ...