The opinion of the court was delivered by: Manuel L. Real District Judge
Residence: Metropolitan Detention Center Mailing: SAME 535 Alameda Street Los Angeles, Ca 90012
JUDGMENT AND PROBATION/COMMITMENT ORDER
(AFTER REMAND FROM U.S.C.A. 9TH CIRCUIT FOR RE-SENTENCING) ----------------------------------------------------------------------
In the presence of the attorney for the government, the defendant appeared in person, on: JULY 1, 2009
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL David Kenner / Brett Greenfield, retained PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY FINDING:
There being a jury verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Racketeer Influenced and Corrupt Organizations conspiracy in violation of Title 18 USC 1962(d) as charged in count 1 of the 1st superseding indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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 the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:
One hundred twenty-one (121) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for three (3) years, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall participate in outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer, and shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision; 4) during the course of supervision, with the agreement of the defendant and defense counsel, the Probation Officer may place the defendant in a residential treatment program approved by the 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; 5) shall as directed by the Probation Officer pay all or part of the costs of substance abuse and mental health treatment to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672, and the defendant shall provide payment and proof of payment as directed by the Probation Officer; 6) shall during the period of community supervision pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; 7) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay to the United States a total fine of $150,000.00; the defendant shall pay the fine in full no later than 90 days from the date of sentencing.
IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant, and any bond of the defendant is exonerated.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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. ...