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United States v. Delacruz

July 14, 2009

UNITED STATES OF AMERICA
v.
APOLINAR DON JUAN DELACRUZ SOCIAL SECURITY NO. N O N E APOLINAR DIAZ-DELACRUZ; AROLINA DELACRUZ; (LAST 4 DIGITS)



The opinion of the court was delivered by: Alicemarie H.STOTLER U. S. District Judge

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. JUL 13 09

X WITH COUNSEL C. Thomas McDonald, Apptd.

(Name of Counsel)

X 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 X GUILTY, defendant has been convicted as charged of the offense(s) of: Distribution of a Controlled Substance in violation of 21 USC § 841(a)(1) as charged in Count 1; Illegal Alien Found in the U.S. Following Deportation in violation of 8 USC §§ 1326(a),(b)2 as charged in Count 2 of the 2-Count Information.

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:

Fifty-one (51) months. This term consists of fifty-one (51) months on each of Counts 1 and 2 of the Information, to be served concurrently.

IT IS FURTHER ORDERED that the defendant shall pay to the United States a special assessment of $200.00, which is due immediately.

IT IS FURTHER ORDERED that all fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.

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

IT IS FURTHER ORDERED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of 4 years. This term consists of 4 years on Count 1, and 3 years on Count 2 of the Information, all such terms to run concurrently, under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Orders 318, 01-05 and 05-02 including the provision that defendant shall not commit any violation of local, state or federal law or ordinances;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment;

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

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 may include urinalysis, breath, and/or sweat patch testing, as directed by the Probation Officer. The defendant is ordered to abstain from using illicit drugs and alcohol, ...


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