The opinion of the court was delivered by: David O. Carter, 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 19 2009
X WITH COUNSEL Nick De Pento, Retained
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: Count 1 of the Indictment: 21:841(a)(1): Possession with Intent to Distribute Heroin 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.
It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is due
All fines are waived as it is found that the defendant does not have the ability to pay to fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Francisco Garibay Perez, is hereby committed on Count 1 of the Single-Count Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 51 months.
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;
The defendant shall cooperate in the collection of a DNA sample from his person;
The defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
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/placement on probation and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall comply with the immigration rules and regulations of the United States, 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 legal re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at: United States Courthouse, 411 West Fourth Street, Suite 4170, Santa Ana, California 92701-4516;
The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and with or without reasonable or probable cause;
The defendant shall report to United States Probation Office within 72 hours of release from custody of the Bureau of Prisons.
The defendant shall report in person directly to the Court within 21 days after release from the custody of the Bureau of Prisons at a date and time to set by the United States Probation Officer, and thereafter report in person directly to the Court ...