The opinion of the court was delivered by: Florence-marie Cooper 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. OCT 01 2009
X WITH COUNSEL Shaun Khojayan, CJA appointed 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:
18 USC 1962(d): RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS CONSPIRACY (Count One of the Indictment)
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,
Denis Maldonado, is hereby committed on count one of the indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 12 years and 6 months to be served concurrently with the undischarged term of imprisonment imposed in People v. Denis Frank Maldonado, Jr., Case No. BA325486, from Los Angeles County Superior Court. The sentence in this case is deemed to begin as of the date of this sentencing. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years 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 in accordance with this judgment's orders pertaining to such payment;
The defendant may not associate with anyone known to him to be a Mongols gang member or persons
Mongols gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Mongols gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Mongols gang, and may not knowingly display any Mongols signs or gestures;
As directed by the Probation Officer, the defendant shall not be present in any area known to him to be a location where members of the Mongols gang meet and/or assemble;
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 $100, which is due immediately. All fines are waived as it is found that the defendant does not have the ability to pay a fine.
The Court recommends: a) that the defendant be designated for placement to a federal facility in Southern California:
b) that the state sentence may be served in a federal facility. The Court advises that the defendant may apply to modify/clarify conditions of supervision related to Mongol gang association and/or assembly during the term of supervision by separate application. Any/all remaining counts and/or underlying indictment(s) are dismissed on the government's motion. The defendant was advised of and waived his right to appeal.
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, ...