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United States v. Yepiz

November 16, 2009

UNITED STATES OF AMERICA
v.
HORACIO YEPIZ SOCIAL SECURITY NO. 8513 HORACIO RODRIGUEZ YEPIZ, SNIPER, COBRA, HORSE (LAST 4 DIGITS)



The opinion of the court was delivered by: John F. Walter, U. S. District Judge

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.

November 16, 2009

x WITH COUNSEL Richard Novak, CJA (Name of Counsel)

x GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a verdict of x GUILTY, defendant has been convicted as charged of the offense(s) of: Racketeer Influenced and Corrupt Organizations in violation of 18 U.S.C. § 1962(c) [ct 1]; Racketeer Influenced and Corrupt Organizations Conspiracy in violation of 18 U.S.C. § 1962(d) [ct 2]; Conspiracy in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A), 841(b)(1)(B) [ct 3]; Violent Crime in Aid of Racketeering in violation of 18 U.S.C. § 1959(a)(1) [ct 5]; and Use of a firearm During and in Relation to a Violent Crime in Aid of Racketeering Resulting in Death in violation of 18 U.S.C. §§ 924(c)(1)(A)(ii) and (iii), (j)(1) [ct 24] as charged in the Twenty-Nine Count Second Superseding Indictment filed on February 14, 2007

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, Horacio Yepiz, is hereby committed on Counts 1, 2, 3, and 5 of the Second-Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of Life.

This term consists of Life on each of Counts 1, 2, 3, and 5, to be served concurrently, and Life on Count 24, to be served consecutive to the terms imposed on Counts 1, 2, 3, and 5.

The Court concludes in order to achieve a reasonable punishment for these offenses and pursuant to U.S.S.G. § 5G1.3(c), the foregoing term shall be served consecutively to the term of imprisonment imposed in United States District Court - Central District of California, Docket No. CR05-00353-JFW.

Should the defendant be released from imprisonment, the defendant shall be placed on supervised release for a term of 5 years. This term consists of 5 years on each of Counts 1, 2, 3, 5, and 24 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;

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 Vineland Boys gang member or persons associated with the Vineland Boys gang, with the exception of his family members. He may not knowingly wear, display, use or possess any Vineland Boys gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the Vineland Boys gang, and may not knowingly display any Vineland Boys 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 Vineland Boys gang meet and/or assemble;

The defendant shall cooperate in the collection of a DNA sample from the defendant.

The Court authorizes the Probation Officer to disclose the Presentence Report and/or any previous mental health evaluations or reports to the mental health treatment provider. The treatment provider may provide information, excluding the Presentence Report, to State or local social service agencies, such as the California Department of Social Services, for the purpose of the client's rehabilitation.

It is ordered that the defendant shall pay to the United States a special assessment of $500, ...


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