The opinion of the court was delivered by: R. Gary Klausner, Untied States District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. NOV 2 2009
X WITH COUNSEL MARILYN BEDNARSKI, PANEL
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: USE OF COMMUNICATION FACILITY IN COMMITTING A FELONY DRUG OFFENSE IN VIOLATION OF 21 USC 843(b) AS CHARGED IN COUNTS ONE AND TWO OF THE FOURTH SUPERSEDING INFORMATION, AND SIMPLE POSSESSION I N VIOLATION OF 21 USC 844(a) AS CHARGED IN COUNT THREE OF THE FOURTH SUPERSEDING INFORMATION 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:
It is ordered that the defendant shall pay to the United States a special assessment of $300.00, which is due
Pursuant to Section 5E1.2(e) of the Guidelines, all fines are waived as it is found that such sanction would place an undue burden on the defendant's dependents.
The defendant shall comply with General Order 01-05;
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gwaine Collins, is hereby committed on Counts One, Two and Three of the Fourth Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of ONE HUNDRED TWENTY (120) MONTHS.
This term consists of forty-eight (48) months on each of Counts One and Two and twenty-four (24) months on Count Three of the Fourth Superseding Information, all such terms to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) YEARS. This term consists of THREE (3) YEARS on each of Counts 1, 2 and 3, 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 in accordance with this judgment's orders pertaining to such payment;
The defendant shall participate in outpatient substance abuse treatment and submit to drug and alcohol testing, as instructed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;
During the course of supervision, the Probation Officer, with the agreement of the defendant and defense counsel, may place the defendant in a residential drug treatment program approved by the United States Probation Office for treatment of narcotic addiction or drug dependency, which may include counseling and testing, to determine if the defendant has reverted to the use of drugs, and the defendant shall reside in the treatment program until discharged by the Program Director and Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug dependency to the aftercare contractor during the period of community supervision, pursuant to 18 USC 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer; and
The defendant shall cooperate in the collection of a DNA sample from the defendant.
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.
The Court recommends the defendant's participation in the 500 hour substance abuse program.
Counsel for the government motions the Court to dismiss the prior indictments, and vacate the prior conviction ...