The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess
FIRST AMENDED - * JULY 29, 2009*
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09 06 2005
X WITH COUNSEL Firdaus Dordi, DFPD
X 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: Illegal Alien Found in the United States Following Deportation in violation of 8 U.S.C. Section 1326(a), as charged in Count One of the Indictment
The Court asked whether there was any reason 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 on the single count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of term of 36 months
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is due immediately.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two
(2) years under the following terms and conditions:
1) The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;
2) During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
3) The defendant shall cooperate in the collection of a DNA sample from the defendant.
4) The defendant shall comply with the immigration rules and regulations of the United States, and when deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the U.S. Probation Office located at the United States Courthouse, 312 North Spring Street, Suite 600, Los Angeles, California 90012.
Defendant advised of his appellate rights.
The Court recommends housing in a Southern California facility.
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.
Terry Nafisi, District Court ...