The opinion of the court was delivered by: David O. Carter, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER (AMENDED after Ninth Circuit Remand)
In the presence of the attorney for the government, the defendant appeared in person on this date. MAY 19 2008
X WITH COUNSEL Chase Scolnick, DFPD
X 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: 18:472 POSSESSION OF COUNTERFEIT CURRENCY (COUNT 2 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.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, James Frank Berry, is hereby committed on Count 2 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years 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;
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, saliva 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;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States 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;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's substance abuse and mental health 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;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name;
The defendant shall not use or own a personal computer. If the defendant obtains employment requiring him to have and use a computer, the Court will allow it.
The defendant shall cooperate in the collection of a DNA sample from the defendant;
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 approval of the Probation Officer;
The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and ...