The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United States 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. NOV. 19 2009
X WITH COUNSEL Wayne Philip Higgins, Retained
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 a Communication Facility in Committing a Felony Drug Offense in violation of 21 U.S.C. §843(b) and Felon in Possession of a Firearm in violation of 18 U.S.C. §922(g)(1).
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, 18 U.S.C. §3553(a) factors, and the Plea Agreement, it is the judgment of the Court that the defendant is hereby committed On Counts Eight and Nine of the 11-Count Indictment in Docket No. CR07-01142 and On the Single-Count Indictment in Docket No. CR07-01162 to the custody of the Bureau of Prisons to be imprisoned for a term of 156 months. This term consists of 48 months on each of Counts Eight and Nine in Docket No. CR07-01142 to be served consecutively and 60 months on the Single Count in Docket No. CR07-01162 to be served consecutively to Docket No. CR07-01142
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years under the following terms and conditions. This term consists of one year on each of Counts Eight and Nine in Docket Number CR07-01142 and three years on Count One in Docket Number CR07-01162, all such terms to run concurrently.
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 a fine.
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 e 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
The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation
The defendant may not associate with anyone known to him to be a "Rollin 20s Bloods" gang member or persons associated with the "Rollin 20s Bloods" gang, with the exception of his family members. He may not knowingly wear, display, use or possess any "Rollin 20s Bloods" gang insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing, which evidences affiliation with the "Rollin 20s Bloods" gang, and may not knowingly display any "Rollin 20s Bloods" signs or
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 "Rollin 20s ...