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United States v. Silva-Otto

November 17, 2009

UNITED STATES OF AMERICA
v.
JOSE SILVA-OTTO SOCIAL SECURITY NO. 7 7 7 2 (LAST 4 DIGITS)



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. Nov. 16, 2009

x WITH COUNSEL James Cooper II, appointed

(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 finding/verdict of

GUILTY, defendant has been convicted as charged of the offense(s) of:

Possessing Contraband in Prison, in violation of 18 USC 1791(a)(2), as charged in count 1 of the Indictment.

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: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Twenty Seven (27) months. This term shall run consecutively to any undischarged term of imprisonment imposed in the United States District Court for the Southern District of California docket No. 08CR00189-LAB. Upon release from imprisonment, the defendant is placed on supervised release for a term of three (3) years to run concurrently with the term of supervised release imposed in Docket No. 08Cr001898-LAB, and under the following terms and conditions: 1The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) The defendant shall not commit any local, state or federal law or ordinance; 3)The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days from release from custody and at least two periodic drug tests thereafter, not to exceed 31 tests per month, as directed by the Probation Officer; 4)During the period of community supervision the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 5) The defendant shall comply with the rules and regulations of the United States, and if deported form 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 the United States; 6) ) The defendant shall not use for any purpose or in any manner any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; 7)The defendant shall cooperate in the collection of a DNA sample from the defendant. The defendant shall pay a special assessment to the United States 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.

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, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

Nancy J. Webb

Filed Date Deputy Clerk

Nov. 17, ...


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