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United States v. Hernandez-Garcia

September 25, 2009

UNITED STATES OF AMERICA
v.
OSCAR HERNANDEZ-GARCIA SOCIAL SECURITY NO. 0 0 0 0 GARCIA OSCAR HERNANDEZ; OSCAR GARCIA-HERNANDEZ; OSCAR HERNANDEZ GARCIA; OSCAR HERNANDEZ; MOSCA; (LAST 4 DIGITS)



The opinion of the court was delivered by: Christina A. Snyder, 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. 09 23 2009

X WITH COUNSEL Nicholas DePento, Retained

(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: Conspiracy to Manufacture, Distribute, and Possess With Intent to Distribute Controlled Substances in violation of 21 USC 846, 841(a), as charged in Count 1 of the 11-Count Indictment; Possession WithIntent to Distribute Controlled Substances, Aiding and Abetting in violation of 21 USC 841(a)(1); 18 USC 2(a), as charged in Counts 2, 3, 4, 5, and 8 of the 11-Count 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 Count 1 through 5, and 8 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of: ONE HUNDRED TWENTY-ONE (121) MONTHS. This term consists of one hundred twenty-one (121) months on each of Counts 1 through 5 and 8 of the Indictment, all to be served concurrently.

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 $600.00, which is

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of siX (6) years on Counts 1 through 5 and 8, all such terms to run concurrently, under the following terms

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;

The defendant shall participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer, not to exceed eight (8) tests per month. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;

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; further, the defendant shall not use, for any purpose or in any manner, any name other than his true legal

The defendant shall comply with the rules and regulations of the Immigration and Naturalization Service (INS), and if 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 f Court-ordered supervision, the defendant shall report for instructions to the U.S. Probation Office, located at: United States Courthouse, 312 North Spring Street, Room 600, Los Angeles, California 90012;

The defendant shall cooperate in the collection of a DNA sample from the defendant. Defendant is informed of his right to appeal.

The Court grants the Government's request to dismiss the remaining counts of the indictment and the underlying information.

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. ...


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