The opinion of the court was delivered by: Stephen V. Wilson, U. S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 09/21/2009
X WITH COUNSEL Mark Johnson
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: Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine pursuant to 21 U.S.C. §846 as charged in Count 1, Conspiracy to Possess with Intent to Distribute Methamphetamine pursuant to 21 U.S.C. §846 as charged in Count 2, Extortion pursuant to 18 U.S.C. §1951 as charged in Count 3 and Submitting a False Tax Return pursuant to 26 U.S.C. §7206(1) as charged in Count 4 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 to the custody of the Bureau of Prisons to be imprisoned for a term of:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Alvaro Murillo, is hereby committed on Counts 1, 2, 3 and 4 of the 5-Count Second Superseding Indictment to the custody of the Bureau of Prisons for a term of ONE HUNDRED AND EIGHTY (180) MONTHS. This term consists of 180 months on each of Counts 1, 2, and 3 of the 5-Count Second Superseding Indictment, and THIRTY-SIX (36) MONTHS on Count 4, all such terms to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five (5) years. This term consists of five (5) years on each of Counts 1 and 2, and three (3) years on each of Counts 3 and 4 of the 5-Count Second Superseding Indictment, 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 Order 318;
During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;
The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance
The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.
All fines are waived as it would impose a financial hardship on his family given the length of imprisonment and the fact defendant's wife may have a reduced ability to earn income due to her illness.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, October 12, 2009. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal Roybal Federal Building 255 East Temple Street Los Angeles, California 90012
The bond is exonerated upon self-surrender.
Defendant is advised of his right to appeal.
The Court imposes a sentence to reflect the seriousness of the offense, promote the respect for the law and deter others who may have the inclination. The Court takes into consideration the severity of the offense in addition to the fact defendant served this country honorably and his police department for at ...