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United States v. Nunez

August 19, 2009




In the presence of the attorney for the government, the defendant appeared in person on this date.


WITH COUNSEL Yolonda Barrera, Appointed

(Name of Counsel)

/ GUILTY, and the court being satisfied that there is a factual basis for the plea.


There being a finding/verdict of / GUILTY, defendant has been convicted as charged of the offense(s) of:

Conspiracy to Distribute Methamphetamine 21 §846 as charged in Count 1 of the Indictment.

The Court asked whether defendant had anything to say why judgment should not be pronounced. Defendant declines to speak. 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: defendant shall pay to the United States a Special Assessment fee of $100.00, which is due immediately. Pursuant to Section 5E1.2(a)(e), all fines waived.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Jesse Anthony Nunez, is hereby committed to the custody of the Bureau of Prisons on Count 1 of the indictment for a term of 151

The Bureau of Prisons shall determine the defendant's eligibility for the 500 hour drug treatment program. The Court recommends that defendant be designated as close to Santa Maria, California, as is practicable, for the purpose of facilitation family visitation.

Upon the Release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years under the following terms and conditions:

1. Defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order

2. Defendant shall refrain from any unlawful use of a controlled substance. 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.

3. Defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and /or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, and abusing prescription medication during the period of supervision.

4. 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.

5. As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug and alcohol dependency to the aftercare contractor during the period of the community supervision, pursuant to 18 U.S.C. § 3672.

6. During the period of community supervision the defendant shall pay the special assessment in accordance with the judgments's orders pertaining to such payment.

7. When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer.

8. Defendant shall cooperate in the collection of a DNA sample from the defendant.

Defendant is advised of the appeal rights. Upon the motion of the Government, counts 2-4 of the indictment is hereby dismissed.

Court recommends defendant found eligible and placed in the 500 hour drug treatment program. The Court recommends incarceration consistent with the security and housing concerns within the Bureau of Prisons, in Santa Maria, California.

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

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).


While the defendant is on probation or supervised release pursuant to this judgment:

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted ...

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