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United States v. Sabbath

October 27, 2009

UNITED STATES OF AMERICA
v.
1) JOHNNY LEMERT SABBATH SOCIAL SECURITY NO. 8819 JOHNNY SABABATH; JOHNNY SARBATH; JONATHAN ANDREWS; JONATHON ANDREWS; (LAST 4 DIGITS)



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United States District Court

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. OCT. 26 2009

X WITH COUNSEL Michael Meza, Appointed

(Name of Counsel)

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 in violation of 18 U.S.C. §371; Armed Bank Robbery in violation of 18 U.S.C. §2113(a)(d); and Use or Carrying of Firearm During a Crime of Violence in violation of 18 U.S.C §924(c)(1)(A)(ii).

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, Johnny Lemert Sabbath, is hereby committed on Counts 1, 2, and 3 of the Second Superseding Indictment to the custody of the Bureau of Prisons for a term of 235 months. This term consists of 60 months on Count 1 and 151 months on Count 2 to be served concurrently, and 84 months on Count 3, to be served consecutively to Count 2

It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately.

All fines are waived as it is found that the defendant does not have the ability to pay.

The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary medical and mental treatment.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 5 years. This term consists of 3 years on each of Counts 1 and 3, and 5 years on Count 2 of the 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;

The defendant shall refrain from any unlawful use of a controlled substance. The 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;

The 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 medications during the period of supervision;

The Court authorizes the Probation Office to disclose the Presentence Report to the substance abuse treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing judge;

JUDGMENT & PROBATION/COMMITMENT ORDER

1) Johnny Lemert Sabbath Docket No.: CR 07-1130-VBF

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 shall not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution ...


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